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2008 09 16 CCCity 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 Quints, California 92253 TUESDAY, SEPTEMBER 16, 2008 Special Meeting 2:30 P.M. Regular Meeting 3:00 Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2008-055 Ordinance No. 459 2:30 P.M. 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. BUSINESS SESSION 1. CONSIDERATION OF APPOINTMENT OF TWO CITY REPRESENTATIVES TO THE IMPERIAL IRRIGATION DISTRICT (IID) ENERGY CONSUMERS' ADVISORY COMMITTEE (ECAC). A. MINUTE ORDER ACTION °"• 001 City Council Agenda 1 September 16, 2008 3:00 P.M. 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. CONFERENCE WITH LABOR NEGOTIATOR, BRET M. PLUMLEE, REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6, MEET AND CONFER PROCESS. 2. CONFERENCE WITH LABOR NEGOTIATOR, BRET M. PLUMLEE, REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6, MEET AND CONFER PROCESS REGARDING BUILDING INSPECTORS' CAR ALLOWANCE. 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL -APPOINTED POSITION — CITY MANAGER. 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 IMPERIAL IRRIGATION DISTRICT COPPER/PRECIOUS METAL STEALING. City Council Agenda 2 September 16, 206U 002 WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF AUGUST 5, 2008. CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTERS DATED AUGUST 19, SEPTEMBER 2, AND SEPTEMBER 16, 2008. 2. RECEIVE AND FILE TREASURER'S REPORTS DATED JUNE 30 AND JULY 31, 2008. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORTS DATED JUNE 30 AND JULY 31, 2008. 4. APPROVAL OF THE FIRST AMENDMENT TO THE AGREEMENT WITH RIVERSIDE COUNTY FOR LAW ENFORCEMENT SERVICES, ADDING STAFF. 5. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 30357, MOUNTAIN VIEW COUNTRY CLUB, TOLL BROTHERS, INC. 6. ACCEPTANCE OF ONSITE AND OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 29894-2, HIDEAWAY, NRI — CCP 1, LLC. 7. ACCEPTANCE OF OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 29894-3, HIDEAWAY, NRI - CCP 1, LLC. 8. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL ENGINEERING SERVICES TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE NEW TRAFFIC SIGNAL AT DESERT CLUB DRIVE AND AVENUE 52, PROJECT NO. 2008-02. 9. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL ENGINEERING SERVICES TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS.FOR LAGUNA DE LA PAZ SOUND ATTENUATION WALL IMPROVEMENTS, PROJECT NO. 2008-01. 003 City Council Agenda 3 September 16, 2008 10. APPROVAL OF RATIFICATION OF CONTRACT CHANGE ORDER NO. 1 FOR THE HIGHWAY 111 STREET IMPROVEMENTS, PROJECT NO. 2001-07A, BY THE CITY MANAGER FOR ADDITIONAL WIDENING TO ALLOW THREE THROUGH LANES OF TRAFFIC. 11. CONSENT TO AN ASSIGNMENT AND ASSUMPTION AGREEMENT BY AND BETWEEN CP DEVELOPMENT LA QUINTA, LLC, AND DOLPHIN LA QUINTA,, LLC, FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WASHINGTON STREET AND MILES AVENUE. 12. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PLANNING DIRECTOR TO ATTEND THE MAP -MANAGEMENT TRAINING WORKSHOP IN NEWPORT BEACH, CALIFORNIA, OCTOBER 22-24, 2008. 13. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SAFETY MANAGER AND THREE CODE COMPLIANCE OFFICERS TO ATTEND THE ANNUAL CODE ENFORCEMENT SEMINAR SPONSORED BY THE CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS IN SOUTH LAKE TAHOE, CALIFORNIA, OCTOBER 7-10, 2008. 14. APPROVAL OF THE 2008 CONFLICT OF INTEREST CODE BIENNIAL NOTICE. 15. APPROVAL OF CONTRACT CHANGE ORDER NO. 10 FOR PROJECT NO. 2005-08, CITYWIDE LANDSCAPE MAINTENANCE SERVICES FOR FISCAL YEAR 2008/2009. 16. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL ENGINEERING SERVICES TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE VILLAGE ENHANCED PEDESTRIAN CROSSINGS AND TRAFFIC CALMING DEVICES, PROJECT NO. 2008-04. 17. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E), AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR A SAND VOLLEYBALL COURT AT ADAMS PARK, PROJECT NO. 2008-08. 18. APPROVAL OF AN ADVANCE FROM THE GENERAL FUND TO THE SILVERROCK GOLF ENTERPRISE FUND. 19. APPROVAL OF CONTRACT CHANGE ORDER NO. 1 FOR THE AVENUE 54 MEDIAN LANDSCAPE IMPROVEMENTS, PROJECT NO. 2006-09. 004 City Council Agenda 4 September 16, 2008 20. APPROVAL TO AWARD A CONTRACT TO HAZARD CONSTRUCTION IN THE AMOUNT OF $389,971 TO CONSTRUCT THE EISENHOWER DRIVE REHABILITATION IMPROVEMENTS, PROJECT NO. 2007-18A. 21. DENIAL OF CLAIMS FOR DAMAGES FILED BY PW CONSTRUCTION, INC. - DATES OF LOSS: FEBRUARY 9, AUGUST 29, AND SEPTEMBER 21, 2007. BUSINESS SESSION ............ continued 2. CONSIDERATION OF A RESOLUTION GRANTING CONSENT TO THE COUNTY OF RIVERSIDE TO FORM THE PALM SPRINGS DESERT RESORT COMMUNITIES TOURISM BUSINESS IMPROVEMENT DISTRICT. A. RESOLUTION ACTION 3. CONSIDERATION OF RECOMMENDATION FOR LOCATION OF COMMERCIAL CENTER FOR POLICE DEPARTMENT. A. MINUTE ORDER ACTION 4. CONSIDERATION OF A FACILITY USE AGREEMENT WITH THE LA QUINTA ARTS FOUNDATION. A. MINUTE ORDER ACTION 5. CONSIDERATION TO APPOINT A MEMBER TO THE BOB HOPE CHRYSLER CLASSIC GRANT COMMITTEE. A. MINUTE ORDER ACTION 6. CONSIDERATION OF AMENDMENTS TO THE MUNICIPAL CODE, ADDING SECTION 11.20.220 TO PROHIBIT THE SALE, USE, AND DISCHARGE OF SAFE AND SANE FIREWORKS IN THE CITY OF LA QUINTA. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY B. INTRODUCE ORDINANCE NO. ON FIRST READING �• 005 City Council Agenda 5 September 16, 2008 STUDY SESSION 1. DISCUSSION OF A REQUEST BY SAINT FRANCIS OF ASSISI CHURCH FOR CITY ASSISTANCE IN FUNDING STORM WATER RETENTION FACILITIES. 2. DISCUSSION OF DESIGN OPTIONS FOR PLACEMENT OF STREET NAME SIGNAGE IN THE COVE AREA. REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (HENDERSON) 2. BOB HOPE CHRYSLER CLASSIC AD -HOC COMMITTEE 3. CITY COUNCIL AD HOC COMMITTEE REPORTS 4. CVAG COMMITTEE REPORTS 5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (SNIFF) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (HENDERSON) 8. C.V. MOUNTAINS CONSERVANCY (KIRK) 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. FRIENDS OF DESERT MOUNTAINS (KIRK) 11. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 12. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 13. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (HENDERSON) 14. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 15. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 16. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 17. SANTA ROSA/SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 18. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 19. INVESTMENT ADVISORY BOARD MINUTES OF JULY 16, 2008 20. COMMUNITY SERVICES COMMISSION MINUTES OF JULY 14, 2008 21. PLANNING COMMISSION MINUTES OF JUNE 10, JULY 8, AND JULY 22, 2008 22. HISTORIC PRESERVATION COMMISSION MINUTES OF JUNE 19, 2008 23. ARCHITECTURE & LANDSCAPE REVIEW COMMITTEE MINUTES OF JULY 2, 2008 006 City Council Agenda 6 September 16, 2008 DEPARTMENT REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR B. VOLUNTEER POLICE AND FIREFIGHTERS' ANNUAL DINNER AND HOLIDAY OPEN HOUSE 4. BUILDING & SAFETY DEPARTMENT REPORTS FOR JULY AND AUGUST 2008 5. COMMUNITY SERVICES DEPARTMENT REPORTS FOR JULY AND AUGUST 2008 A. LIBRARY QUARTERLY REPORT FOR APRIL THROUGH JUNE 2008 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORTS FOR JULY AND AUGUST 2008 8. PUBLIC WORKS DEPARTMENT REPORTS FOR JULY AND AUGUST 2008 9. POLICE DEPARTMENT REPORTS FOR JULY AND AUGUST 2008 10. FIRE DEPARTMENT QUARTERLY REPORT MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS - NONE 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. » 007 City Council Agenda 7 September 16, 2008 1. PUBLIC HEARING ON DEVELOPMENT IMPACT FEES. A. This item will be continued to October 7, 2008. ADJOURNMENT The next regular meeting of the City Council will be held on October 7, 2008, 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 September 16, 2008, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on September 12, 2008. DATED: eptember 12, 2008 VERONICA J. NTECINO, 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. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. City Council Agenda .8 - 008 September 16, 2008 0- La�� • p OF TLC COUNCIL/RDA MEETING DATE: August 19 2008 ITEM TITLE: Demand Register Dated August 19, 2008 RECOMMENDATION: Approve Demand Register Dated August 19, 2008 BACKGROUND: Prepaid Warrants: 79141 - 79163} 79164 - 791851 Voids} Wire Transfers} P/R 35424 - 354361 P/R Tax Transfers} Payable Warrants: 79186 - 79310} FISCAL IMPLICATIONS: Demand of Cash -City Demand of Cash -RDA John M. Falconer, Finance Director 47,470.22 1,657,596.24 (1,889.22) 635,637.90 235,030.29 64, 772.84 1,386,894.02 $4,025,512.29 $3,550,971.27 $474,541.02 F.X" 010 Y ICK�7;�•A BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING AR CITY OF LA QUINTA BANK TRANSACTIONS 07/30/08 - 08/12/08 08/04/08 WIRE TRANSFER - PERS $2,509.38 08/04/08 WIRE TRANSFER - WATERCOLORS $14,040.00 08/04/08 HEALTH PREMIUM $96 98y 44 O8/05/08 LANDMARK $244,857.15 08/06/08 WIRE TRANSFER - WATERCOLORS $103,000.00 018/08/08 TICOR TITLE $103,000.00 08/11/08 WIRE TRANSFER - ICMA $11 107 54 08/11/08 WIRE TRANSFER - PERS $60,134.39 TOTAL WIRE TRANSFER OUT $635,637.90 Clio H N P p tII O O O O O m O O O O o o Ill N N e o O v . o . . . . O o O n Ill N V m e . 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O U b 0 M. N b o No KQO 1 ZN I r vv �1N ON Q1• - P= 0PMP ry b P wog - I q>Z I N N.Izz : W. m y M. m m e J o f OCm WN Ob or e0 On on LLLLU � > : or or o.. o-i on 044 COUNCIL/RDA MEETING DATE: September 2, 2008 ITEM TITLE: Demand Register Dated September 2, 2008 RECOMMENDATION: Approve Demand Register Dated September 2, 2008 BACKGROUND: Prepaid Warrants: 79311 - 79332) 79333 - 79355) Voids} Wire Transfers} P/R 35437 - 35447) P/R Tax Transfers} Payable Warrants: 79356 - 79503) FISCAL IMPLICATIONS: Demand of Cash -City Demand of Cash -RDA 3;1AA/ l John M. Falconer, Finance Director 2,029,041.98 91,382.14 (4,046.81) 350,241.46 225,220.58 63,607.87 704, 847.71 $3,460,294.93 $3,073,150.08 $387,144.85 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 045 CITY OF LA QUINTA BANK TRANSACTIONS 08/13/08-08/26/08 08/19/08 WIRE TRANSFER- LANDMARK O8/22108 WIRE TRANSFER - WATERCOLORS O8/25/08 WIRE TRANSFER - PERS 08/25/08 WIRE TRANSFER - ICMA $175,895.94 $103,000.00 $60,177.98 $11,167.54 TOTAL WIRE TRANSFER OUT $350,241.46 mm .aNM 1 1 O •-1 �i P O 1[1 a n O ti N O N O O r SO 1 N m O n m M O N m N m N W N Y. r U F 1 rn O n n .•1 O .� M �t P M (p W 1 a x 1 O O oz FI 1 Z ww ao a w m f Z K M 1 � Q 1 �I[ llf .t .t M 1, llt f 1. W • Ik f O =w 1 z 1 O r QK r bMMM.M C PP 00 =OQMwM Omm nn Oo w.+ PP�1N oO oPMN o0 O \ 1 �1mM . . . .fit NN 00 OM�+Mat1 �O oMM NN oo m19 ma0 bit oo Nnnn oO U r W O 1 NN O.. V 1 r b.•rP o�1NP�t o MbEDPnm OMM NN oe M r-In bnNn M ONPN o0 Z. 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I W M aau l> 1 O N p O M O O P n x W ..m M o O M o .-I em 0 w • a ,. 081 lam Q•� �4aw V S GFM OF COUNCIL/RDA MEETING DATE: September 16, 2008 ITEM TITLE: Demand Register Dated September 16, 2008 RECOMMENDATION: Approve Demand Register Dated September 16, 2008 BACKGROUND: Prepaid Warrants: 79504 - 79541 } 79542 - 795641 Voids} Wire Transfers} P/R 35448 - 35462) P/R Tax Transfers} Payable Warrants: 79565 - 796641 FISCAL IMPLICATIONS: Demand of Cash - City 82,870.15 42,877.90 (225.28) 11,390,388.38 233,185.41 63,771.94 556,698.97 $12,369,567.47 $1,065,998.95 Demand of Cash -RDA $11,303,568.52 4� p.6�/ John M. Falconer, Finance Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING ... ' 082 CITY OF LA QUINTA BANK TRANSACTIONS 08/27/08-09/09/08 08/27/08 WIRE TRANSFER - WATERCOLORS 08/28/08 WIRE TRANSFER - WATERCOLORS 08/29/08 WIRE TRANSFER - PERS 09/02/08 WIRE TRANSFER - PERS HEALTH 09/02/08 WIRE TRANSFER - DEBT SERVICE 09/05/08 WIRE TRANSFER - PERS 09/05/08 WIRE TRANSFER - ICMA 09/08/08 WIRE TRANSFER - GOODMAN ESCROW TOTAL WIRE TRANSFER OUT $103,000.00 $103,000.00 $2,509.38 $96,989.44 $10,999,969.50 $59,912.51 $10,967.55 $14,040 00 $11,390,388.38 083 H M b I Il1 \ 1 YJ � o e H Ill o O b •+ O o N v O N P 1 UQ 1 o b m o a0 n �t N b P P v v O 1wr, ^1 p I Z0 1 o CD M N O Ill N O H M v n o N (.D W ti a z on oz H zr W K ao a zw rz1 r Z x2 1.W 0 00 ml0 PP o0 Oo 00 IIIN 00 00 MOM PP 00000 HH p \ 1 . . . . . . . . .. . Il11ll . . . . . . . . 00 0o NON �tv 00000 NN U , W U I . . . . . . . . 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O rl W . m � O W N 2 \ U Q 00 Fo Y 2 Z I-1O m �o W Z . Z . Q M Y I •O. J v 0. oz. LL I (i v N I d J I LL Q I z wI JO U I xZ Z I ON m ax �v e 2U O O Q I YO O N ! I > Uo O \ J Z I > O mPI q J NMMIZ w \MOIW r WE .> r oW¢. o• J w W x LL I U r d'QO . ZC b'I a� oo . b door ❑>z . .... m. W2 mr. 01 Om d Mu-> . o 0 a R x MI x s J J J J J J J N Q F Q Q Q C9 Q C0 Q Q W x h K H f f f H F o w o 0 0 x cm a x o . K O N K = K x O W O O 0 Ow z O O O Z ❑ W z O ❑ U z U z 0 W 0 IL W\ W UU W U W 0 W N wo x• > (0 > >> > > > W > W > rr W W NN N K K lY d d ❑ J � Z Z z H H Q I- O O O O N N S O d dd d x x a n NN N O O f F• M vv .•I •'I ❑ z .: N N NN m M a N NN b b 0L In v v v v v co n o0 0 0 0 r oo e o 0 .n m 00 m r-I rl O N N NO O v N N N m mm m 0 m 0 Oo O o O O N NO O O N NN N N N JP PP P P P r.N NN N N N U\ \\ \ \ \ Zm mO m m m �o 00 0 o e O Uo 0O o 0 0 e oo e o e Z U M O N M W F m W Q W 41 bn Kb Jm mN Z. Om wv UVV 3v QM d'v wo OO e o e KO ZOO Ze •O ^O (0e Ooo Ko fo N N N m 2 M m CO N W K J WVo W K > >o.. > 3 3 b b P ov .1 b b b Mn b•-IO Wv v v .1 .i Nnv I[10 N00 �m Nr Po.•. Pb 0 ON Ov vo Obw NOD e N m o n O ul .0 O O O N N O b O< O J OP o� .1 00 0¢ o¢ 114 r 4F f OEM OE'CttQ'94`% AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: September 16, 2008 13USINESS SESSION: ITEM TITLE: Receive and File Transmittal of Treasurer's Reports as of June 30, 2008 and July 31, 2008 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Receive and file. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Receive and File Transmittal of Treasurer's Report dated June 30, 2008 and July 31, 2008 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. 11� Respectfully submitted: A4Aq 1 d "YV- - John M. Falconer, Finance Director Approved for Submission by: Thomas P. Genovese, City Manager Attachment 1: Treasurer's Report, City of La Quinta 116 2 M 1 1 MVfl1Y1G111 1 I T4ht 4 4 QuiRro MEMORANDUM TO: La Quinta City Council FROM John M. Falconer, Finance Director/Treasurer SUBJECT Treasurer's Report for July 31, 2008 DATE* August 31, 2008 Attached is the Treasurer's Report for the month ending July 31, 2008. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month. Investment Beginning Purchased Notes I Sold/Matured Other Endino Chance Cash (3) $ (1,534,374) (1) $ (2,380,084) $ (3,914,458) $ (2,380,084) LAIF 48,528,392 3,375,528 (4,000,000) 0 47,903,920 (624,472) US Treasuries (2) 42,685,655 74,938 42,760,593 74,938 US Gov't Sponsored Enterprises (2) 59,712,631 (5,000,000) 52,240 54,764,871 (4,947,760) Commercial Paper (2) 27,900,184 53,910 27,954,094 53,910 Corporate Notes 7,971,358 4,877 7,976,235 4,877 Mutual Funds 12,104,439 1 598,051 11,506,388 598,051 Total I $ 197,368,285 1 $ 3,375,528 $ 11,978,135 $ 185,965 1 $ 188,951,643 $ 8,416,642 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end r/ q is Zd 0 3 John M Falconer Date Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. III 3 Treasurer's Commentary For the Month of July Cash Balances - The portfolio size decreased by $8.4 million to $189 million. The major reason for the decrease was payments for Vista Dunes, the 48`h and Dunes Palms Housing Project, two months of County of Riverside Sheriff's bills, and a semi-annual waste hauling permit. Investment Activity - The average maturity of the portfolio decreased by 18 days to 62 days at the end of July. The Treasurer follows a buy and hold investment policy and has not sold investments before maturity to take advantage of market conditions. July had one maturing investment of Federal Farm Credit Paper for $5 million which was used to meet obligations. The sweep account earned $1,527 in interest income for the month of July and the bank fees for the month were $ 1,916 which resulted in a net decrease of $ 389 in real costs. Portfolio Performance - The overall portfolio performance decreased by nine (9) basis points from the prior month and ended at 2.88% for the month, with the pooled cash investments yielding 2.99%. With the average maturity of 62 days, the portfolio yield should remain at these levels for the next three months with a small downward trend based upon reinvestments at lower rates. The Treasurer has more of a barbell maturity schedule with the longer term investments helping to keep yields higher as interest rates will gradually be falling. At this time last year, the portfolio was yielding 5.12% which reflects the toward interest rate environment. In the short term, the Treasurer has been investing more in LAIF because its rate declines slower in a declining rate environment and in Commercial Paper. Future Thoughts The Treasurer will continue to invest in short term maturities to take advantage of the yield curve - Commercial Paper with 30 to 90 day maturities and Bond proceeds will be laddered in three- and six-month Treasury bills as they mature. Maturing GSE's will be rolled over to the highest yield on curve taking into consideration cash flow needs or in medium term notes. In addition, the Treasurer will look to invest in additional Federal Home Loan bank Paper. 118 13 E E E c O L E Q O ZU0LLc� O ZaUoLLdc O Z O Z zQaaNm Zry Zo�Qyd Z WdUd 0 G E �ONOO 0 HN�O�N' UwNnM�` v aO oZ Zj O W d Q C V _ N m Q y a d m m E m dF102 ,O m"�"� -3 0 0 `o_ `oO 0o E E E E a o >o E 0= 9 4 So o o w rn in- w v nuf v E $ og gg o a e e o e Q n m o m n 2 0 N Q 0 d [00 so O g g g e o 0 0 e e N e o o O Pe O O ^� 10 0a. O 000 N {Ny O N N O p O y O O m N N N N N 0 H N tll $ y O g O O O O O O O O % S S O O S O O O N O S N Z N� ! N N N O N 0 S O O' O O 1 1 p g p0 �d $ $ e$ $ m $ g s o m Q LL O o 1 O ^ o o o Q d v O O o o 0 $ $ 0 oQ Hq.0o o 25 g $ 05� $ o0 o 0 d o M o Q o g $ o -E 0 0 0 g$ 0 0 g S 0 0 0 o o 0 of o e $ LL� N H 25 N N N a p m N N N N 6 m � m m N $ N o O 16 $ O O Q Q N O N HS O O 8 8S S8 O O O O O 8 O O O u o o $ eg0000 $0000g O v0000000 'D000O o_og vo¢¢oo �oZ�i,oO e n e m aE( — N m N O N O N N N� N N. N N N O m m N N O -$Ea }' vE� >A �0000ssso m Z .zz.z -yZ °�5 u yss u@ S�0000s- � � ' ' a& AAA - sXOXXXXXXX �$g -'cX -coon s �Nm imXX im yg e� YFn&�rvnm rE& §innn Yinnnn YE ciry m�m-rvui Ti wf� q�n wim"�`�n ai 0888� ge S 88 "aMm L gxx iaas =B8600 B 3m H =� H US =S mLL ¢ogy8_ a8 g88S 88888. 8_o m8 ogg MIH Y�$ 88 FE 13IXX So �m8f q�e8�r--_ aim Bi^ gie8m- �,a- BE a= - ia'i_g Ig5 >> $ a_33» [2F s All � xXaa � ooxXXxxxx x SSA � oo88xX - - xx A g m y �3iC �- ?gym m�mm� 'x LLUY - "b &wow �� Eu� �oryy ei �35 8a r "dz from � u >gii 8iiii ii>`6 - -uCn - atlGu 'i 060 €WHdogi JE�: o�a"<<�oa€ofi amtu a a »>Yi> Y> U '� ciiz2 E Ic E E E „•-a E z z1 assoosso$SBiIcII I, i~ 12 120 \\ §\ MA l44;l;;;;; !)------------------- � �) § \) !((((((------------- ) ................... \§jj\//j/\) \\\\/\ 2 :;!!!n W 121 R O N O O O O O m N M t O V O O O O N N O p O r o O O O O W N N 1p r r m N M M O � OI 0.z a w es O p N 000 0°�00 N N N N N N a N �y � non n�`nn q O N O m g O O O O O O r m OI N 6 •� O H O or Y! n 600000 OJ m0000 mn m C O M t7 � C M O �O N N Ol M M •C N� IL` a .M.. " w a a c c O) h h LL Ot LL C C J 0 0 0 g„ y a N fn waww F rn« 00 0 c m m J H rn� c J B V y m W 1No « ti y y w W U N d ry N U y y ~ U ~ to N � 7 C L U W m U m a m O c 0 ' Ua Uf0 p ma O? W •E N `�- C o, d.�. � rna m« am W E a L C N N a m y a« u�{ yE � Uw�Evc « C c C W C oU C 0 0 N C d N 0 :0 U 2.1 LL c E t`p mLL Z'DD ii c o E .L. o c r 0 0 U U� y 2 T 0 0 0 c E we r 0 E yIL IL LL_ ,J_, _ W W E y DIL IL lL ? _ E W W�-- W ,O 0 V W e > W L J O > W L d J p C > .c J y c 0 Szc>ggg i7 Sz0wggg �� m SD. FL J�� 122 $ ery gg rvry L� a Fa " oEfoe �o��n�43 L�U - N- Vt'JUv'�¢�O¢NEVwEa�Nr% C UO� Epp» 8 8 �hry ^'� Ng�NHN«o Npm g lnsm—N mg�rvryrvrv« m nn��x�� emg g - ��m�me �g = e$ mn �12 le "S'v V2 $�rvrvoary $gmm�� o0 a�ry v. $ gonnn�� g8S' mh n^» gmNo R a<$N^ms NN„rvam N cafe«mmr� �S��A�Se . '-11 N v ga mmam �e$8� o g-vaa_ off. mg o»� _oAu^,8��m� mogm Rfms. An��' mm Ed �r_mmmn'r EgF?H�rya^ge `�.m E+tRmrn anvry $.: N E NS z Z p h Z h � `m .`n�Pv�e i`vo� rvoo n'�ry `Rry �� rvnie ggg� g � q52 .2 Esa�Nnw�^ 24H.-A-H yg.. nng rA q2R ``'�v�i v�� x�0 N �w„�pN Np�✓a g omaRmn� «$g�^,«S3 �nrm "oe rng^AA t2.m�>gog ^y mmA�m g�g�g A� g$ nh 3 rirau�n^`� -vguO1in Nnui 3�ri.i v.- -_ lo E & $ g a A i „'EEE ��F C gEEi� > �`og� ipq�ovc �L9hyE�-'= vIDhy g2n �yV E�.0 ^9Nvi goo F UNJJdUi1= F-U VIJJLLVEF FUNJJ6UEr '-U f/ J� E ••..• 1Z3 O I cd p N N Orl d N M Q W WN O W O O O O N d N� (O N W t0 t0 d� d 0 0 N N y N qAq A C W N' M O O C6 N d O N O W b VN NO G �l W IR W M O A N F NW eJ O n M r m a V W M W u n o 16 pui�°'�i: W ro m ry W of oaon N coo W dno�Nh �? N LLU W Id r N N N N m M T N M m W m A y v E 01 {Oy N o'I r N It(NO V W N M O N O q 0 0 m O (O r < W O (d0 (O W O O LL Z �oe m W,oa N O IQ d N O O WO Ojz NN �"ri t°n d O d LL ' NM 8'm�o W mm�r mm�mmm o e n o �n d O ^ mT C'1 N W W O N O m 0 O r R d d r m rNd�pr N O O LL O m �p N,; n N �p n W 4 N nm uim _ W A Hn mr o« m�?m�o m H vi a Q m N n N e m c m 0 N O r V r O O N r O N r d N N O n N y r M O W O O. Yj V M m 0 Orl Yp� ' r n t00 f0 O m r O pAp N W W N r f0 W d r °� m a rW nid �'i O E c 2 � c r W c m � a N n O N O E O O w T O m U C p O J C t V m� c' imi wiiE0m$m a w n Q e y p1 c c d> m 5 m w C m c U O ncmd� oAat'nn« A c 'm m armOK wu1�000F z � w z 124 10 ` !! !| E // \ |! !, | !, !\§ )ƒ§ )&E k! !\! fk! 0 N5 k �■ \§)! !!<f�l� )|\! !�®! \.9 ))/! ��) ��- ��- |;;__ t272= «;,« = } ({|{ {{(({ ��{|{ {(�({ m{�\ /��///\ {{{f/ !0 ;\�.$ (!§§t§! §(k(�! ��k/�! » 2 !!! \\§!! §|kk�! \\} •.� . __- _-_ _-- ;)$!|, /,k)/\ ]; a ;!! ) )l)/\\{ | !; <,)){\ ��\k{! !■#a;\ \��§ /» 1 2§##,22 C "La Dmda Rewrctlulgn al ACIUL and Sol FUMs COY,—.1.1nl NOR, end E., Aullmly July 31.3o08 Balarce of Aclua Fultla 188,951.643 Lew PellYcasl�Fund4 (1,zfio) Lew NanSvpNa FUMs a23a N0 Baare.m9urdlu wM> StBs]12a13 cl cmAllwwlm.M. Ba .-Fin Name AVWmtlil' Scat u a T Bmk snlpw4 Vea sndw Ves Wass FaOo OekoOn No ClxcFmg S (I,30]6fii) WMS Fago-AINp No Bneep ]60.4@l - .1,Cal1- CemaM Na WA 1,250 WNbF Hwsl .DsmW Yes CMcki 3t A)8 f 31418 S ]iA]B I., Band Pnvunl¢ S ].814.458 S 31.Ons E $ 31,4]6 V $Cavxnm4M $FonwrtE EdaprlM4 CU91Wun-AvaIaEYY Sur a Iasi-R Ammt¢N VMUe Sail Yes ass .,a Ye4 Band d New York. Cal Vees Fodse All 2,BBJ.WJ 2B6.t 003 2,BBJ,CPt Bad of New YOM. N. Yes Fwd]e Mx B,BBBJ03 9,W93]4 B.B88.3I4 Bank of New Yolk. Ds. Y. FXLB 1.W Mo 1,W2 WO 1.M.W Bank of rMw VIXF-D F rd Y. FFCB 4.220.101 4,@0.]Ol a.B20.]0] Bankd New= Demand Y44 FFCB 9.04.227 0,024,22] 8,824.227 Bead Nak York-Denand Ye4 FrMd. Mx 4,480A1a 4,400,413 AkAU 413 .., New YOA-Demandd YN FMB 0.0]2.Je[ B,W2,3B2 8,0]2,a82 BNew Ycsk. pemaltl Yes FHLB Sa OaBi Beni Bndop Yea 2,4M..7W 24]5]119 2p15105 Tda-US.—R—N S%usso, B4,784,811 54, I54,B11 SUMB71 RdesswnallV Manped Pecwnl Sul Suplue Nvrv-Av=aaYanr __ Burplue rvp. Book vas AO Yak To1N-Pmlessgnw Man eel P2oun1 Local A¢Ny ImeYmem Fund Surqu¢ Surpus N0re-AvaIW YY Sur m T Book Yes Pd Yes LPIF-GY. Demand Ye9 SlalePM JE W,,BB3 3B.94B 0.°8 (B1B31B4) a1,ia,.1 W UIF-gpA.CemaM Yae $ale PM i58]4 i0.55 BX F.S. Tons. slot. Paul 4ZW]. BJO 4].W3.Bz0 415BaE4 JBnnse ToaddlylmaeManN 133.5]051] Tonal.1 VAN a ImYNneM. l4e.eN,oS] a2. 2SM,20) — 1 P04101q. MulUR FUM4 TNSISe. Av84aNX scar 4 kill Markel Nal Fund Boo, Va. Sul Yes Ad Sol yaks :,on. Center U S BankEntailYES Isl A. an - ck.Diana, USB. Das Svc YES 1. Anerean 1904 RDA U S Bank NOSvc YES Ial Anarean - 18WRDAUSBank -DIP YES 1sl Ana rcan 18W RDAUSBeM-BosomBosomsFUM YES 141 sious, N IlMAN NAM1. IMUSBara-Essol YES tat Antral 1888 RDA U S Bank . CIP YES INAnercan 1 B88RDAUSBaN-COTS¢ YES its A.., 1WBRDAUSBank sFxIa FUM YES Ran 1BJ9 F➢A U S Bank - GIP YES ;.A ISI Arta. $MI RDA US Ban, - DO Soo YES 1alAmacal 2WI RDA US Denll VIP 1'[B Iu Mialkal 2W2 RDA U S Dank. DU1 Sc YEs 1d Amercan 2002 RDA US BYn,-CIP YES 11 Aner1 2,553,301 2,853,MI 2.853,361 2W3EARN. RDA U S Band. CS YES ,N IZan 2W3 TvaNe RDA U S Earn, M YES 1.1Pmrcan 2W3 Tal REA U 58al YES 1st Ani 2"FlAwlll Us Ban,-CIP YES 15 Amxean B,B53.027 B653027 B,B53.02] 2" Fin Auto US 8a�k. C01 YES to Amwcan Sella. MuluaI FUM I 11.SC8,]88 11.6us 3.8 - 11,SW 380 surqus saOl b cal Fand¢ dua % s1lC5k 5 14.1.1.4%1 5 BSLB,o4] S •2J0,980 ]fi0p8] S (]584Y]) - 250 1258 5 a.Sn"k 5 BtB9,IB4 I S (240,230 -2.OnM oat]0% Surpus W GJ Ea Na ql FUMs Atlu1 % Surque Yw Surpus No P aural No NI FUMs 4clua % SvWe VBS 20 BW5% 285450% Surpus No As, Surpus Na M FUMs Pdua x Sul vw 4 znax 431ezx Bull No Pan surpas No AY Funds Ioiva% wrquz 14leaa% 1s 1338% Surplus w m $urylua No AN FUMs Anaax $urplua rw - - BWom: oaaaox suNYuz No Pd saPUs Ib al Fans Aqua % suMus Yes zS.15z5% 315028% w ]5wx ]Bm4x ]945B34 1111¢1N 1 4]442b 1 Surpus No Ask SVFµs I No Nl Funds Actual% Sul Yes - - 152315% 155812x N.. Evil Fill ABMIImKwmenY 4U)BBjN b2N 5b 40%N ]B 31 ]2tt% 31NN% Gul Total 1BB,B51.B4Ji 19214]$n 1 0.16 1M 1]4 ]1141J ],B45,B94 a,1N tN 4,340j]0 1W tW OWO% 12' 11 m m K m m m O ~ u 1 Is Cl) 1 T I 9 N I C) O > � I N C j p o j c E w I .q c c O O N 777 c E 0 L N > c c CO G Q Q O C C LL / n Q N E w N CC, / co Q IQ 1 / CLJ T co O m E O N I ami c tcoa IM o m d m a. O �p a S J �4) C O O E° w Li00 w N i� /0 o 0 0 0 0 0 0 0 0 o c 0 «o 0 o < U R 0 0 o a o 0 3 0 0 0 0 0 o O co 0 u� o v/ o u� o In d o /n o I d 7 m 1M N N e- O O CI CI LL a T,it(t °& 4Qa1Krw MEMORANDUM TO: La Quinta City Council FROM John M Falconer, Finance Directorrfreasurer SUBJECT. Treasurers Report for June 30, 2008 DATE. July 31, 2008 Attached is the Treasurer's Report for the month ending June 30, 2008. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department The following table summarizes the changes in investment types for the month: nt Be innin Purchased Notes Sold/Matured Other Entlin Change $ (612,892) (1) $ (921,482) $ (1,534,374) $ (921,482) FLA'11F uries (2) 50,778,392 57,855,865 3,750,000 29,000,000 (6,000,000) (44,000,000) 0 (170,210) 48,528,392 42,685,655 (2,250,000) (15,170,210) Sponsored Enterprises (2) 59,818,389 16,500,000 (16,500.000) (105,758) 59,712.631 (105,758) ial Paper(2) 29,949,962 23,000,000 (25,000,000) (49,778) 27,900,184 (2,049,778) Notes 7,966,638 4,720 7,971,358 4.720 nds 2,704,547 91399,892 1 12,104,439 9,399,892 otal $ 208,460,901 $ 81,649,892 $ 92,421,482 $ 321,026 $ 197,368,285 $ i1,092,616 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code, and is in conformity with the City Investment Policy As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U S Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. a A John M Falconer Finance DirectorlTreasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments 9 3 04? Date (3) The rash account may reflect a negative balance This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. r 128 51c! Treasurer's Commentary For the Month of June Cash Balances — The portfolio size decreased by $11.00 million to $197.4 million. The major reason for the decrease was the payment of pass through tax increment payments in June. Investment Activity — The average maturity of the portfolio increased by 17 days to 80 days at the end of June. The six month US Treasury benchmark increased by 22 basis points and ended the month at 2.14%. The Treasurer follows a buy and hold investment policy and has not sold investments before maturity to take advantage of market conditions. June was a very busy month in terms of the number of trades most notably the reinvestment of bond proceeds in three and six months Treasury bills. Treasury Bills decreased and the Mutual Funds increased to pay for Housing Program costs. The sweep account earned $1,504 in interest income for the month of June and the bank fees for the month were $ 1,939 which resulted in a net decrease of $ 435 in real costs. Portfolio Performance — The overall portfolio performance decreased by twenty nine (29) basis points from the prior month and ended at 2.88% for the month, with the pooled cash investments yielding 3.09%. The overall portfolio yield (including bond proceeds) was seventy four (74) basis points over the benchmark, which has decreased by fifty one (51) basis point from the one hundred twenty five (125) basis point difference in May. With the average maturity of 80 days, the portfolio yield should remain at these levels for the next three months with a small downward trend based upon reinvestments at lower rates. The Treasurer has more of a barbell maturity schedule with the longer term investments helping to keep yields higher as interest rates will gradually be falling. At this time last year, the portfolio was yielding 5.10°% and the benchmark was at 4.81 % so we have made significant progress in meeting our benchmark. In the short term, the Treasurer has been investing more in LAIF because its rate declines slower in a declining rate environment and in Commercial Paper. Future Thoughts The Treasurer will continue to invest in short term maturities to take advantage of the yield curve — Commercial Paper with 30 to 90 day maturities and Bond proceeds will be laddered in three- and six-month Treasury bills as they mature. Maturing GSE's will be rolled over to the highest yield on curve taking into consideration cash flow needs or in medium term notes. 129 iti §\) ` ! 16 _ _ _ E2» k k k$ ) - _ ) �„ « E _ ;{9 || §/ �! , » » ! : ° » • : \ \j\ ) \ \ \ ) \ \® \ ( \ \ § ! [ ] 2 C5 };J:Sl:# () �\(\\(\( #q6 ) H a �pl aao�a�s€ss � sss sa�ss� z ,�saaassssay e,�s ��ysb {,�aasysy ' Hit 28a s =sx�xx�XXxx s- _ ��xQ s=�xxxxX s c r s r sme Ngoe Mngg..... b�C e8^ 3 6c- 2� sd 888 SSS iaas xx S M$.M. �. � xx sa pC 9 a�-- s $y3 & I » k 55' a3s X XxXX XfX Ma" osxXxs M �sxx Hamm _ � o g c �9 U _ U U ��„ig " �tl C�nCOhY '9 aME�gDOCUC �GB Y d tl ggg@ ^ o'$fio669� E gggg�g � g<5$bo�a€Sa6� �<a� z<$5�E - �aLLU 922� ~8=ZZ 38 a82z z e �E sr Z M , 3�, �8 oy58ababab� »�bs $'bba €�bbbb55� $i-g EE dEc£c c€cf =. �� M4 y 17 132 1s M 0000000000000000 O S000000000p0p00 00000$000$co- 00000000000.p0p00 ommrvm O OOOOOOOOOONO� OOOOOOOgO00�00N Q OOOOOOvi C; O�<M R. qQO M 000000NO00N0 ZMNNN10ONCdHO CI W 6 v ko vv00<OvvMv Z ��r MO ^M T• N w w ee e e a��eo o y �y �e epee e e n O W CJ fm0 m m ry In Y �Y h C] N W O O V fD �- 10 9 NNNNNNNNN�N O NNN(JNN�NMMM Y 0 MM0bbMM SM CI tym W Y ob bbQl0 a0 (O OJMM 80M W (O ryR000RRORRNORR RROOOORRNRROOR NN�m Nf�t7+ aaN W �� NROI OlW^blT)mNw��R � aama�aaaaaaaaa aamamamaaaaaaa N O O $000000000000 NN O 00000 0000000 m01 N0000000�000000 '� aJ00000000000 00 00 00000.000000 b0 gY00000000000,000 yY o000000000000o mg 000 OOONO Oh00 m OOONON M yN00000 00000g00000000O OOOOONO ON N 0 N M C '[ 0000000 MN111 N 1(1ON<O�OO M mm Cm000000M0000 'C �sees .------ w a � LL � LL W`yy pGGnn N 66 a aaaa zoo OIaY E .0 EE EE E fO O1Ny y E E (/1mNNU141 m �E y._EE m E E E E E >>> N E E o o 0 o o QUO �' L UUUUUU h 0 u _N (J N d y O O � C O V L Y q 9 U L Y u $ y U x N w c x c i d a O a E A u 2 -O 4 y A Z L • Ql U O p q S V LL m w E@ Nd O N V .0 � W g 1,1 C9 N � N N B Z� � g N C 9 J ? R O U 4 N i _ J EY 6 L U C C d yF d 6 w C 6 d N U E E O E i� N d N a 9^ O L ry K O C Y y H [ ^� J D L H i C W G Y O N Y O N j M Y y w O N >> �• Y E>> Y E PUONN a Z•CT LL= U LE Y U U U yC $1d2y0�+Y�NT L'.0 LLC 10 O FOCCo LN IL - 'n ry[ Y y L D d r IL Y E y C d > N y�D 9 D = LLIL L d O d L F d d NO76lN Q a O NL.� d E d y iLLO]QI RI �f O - J f' OY a a J J i C ZUZ03:o LLLLFf FJ�a �F -ZVNN-Q2LLLLa��rggg 133 19 ��ydy 2nv$mS a 114d EE 8o -a^,y�LLNIWW„ Eiji fill S � oS EN Doll is 1111U« g�me�«$ 2p�om oS gw �d g _ u n�'ffis� �» ��mNe«20 m&o8r��a�m une �uS�ummHoo ErmSn E�^Nnma ,pE�m�vrvamy -18a900g aR-a ^ 33«n«aHm �mdpBN»: -Sw g« %N„$MI Vw•'Bn og n� om@ry�om " 0ho$mm� a gmm sa Nmsmm ^- m a 20 m� �� » all a ^$� a� amass s h 8a y z° 8a 8n n SO: r11 if rillg', tic' C I:4 O?LL m$EUT33.LL H111 cii E�53 �b th v,�9N �da mpgF�Us u$9NNEpdm F UNJJdUZf FUNJJIU?1- FUNJJ4UEF FUNJJ4VE � 134 20 CM 01 La Counts RewncNatmn MAdUal vp Surplus Funds CM, Red .K1,,OM A9en, and Fmmrnp AutlgMy June 30.2MB Balanoe M AWal Funds 197,368285 Less Petly rash Funds (1250) tea. Nan-Stoplus Funds 1,769019 Bel. M Sur us Funds $ 195597.966 C Gah&InrasNaMs Benk A7"" Name-A.dwald Su w T Book Swplus yes qd Surplus Y¢s We9a Fago-Cemartl NO Ctedurq S 12,]03,410) j j WeIN Fapo Sweep No Sweep I50,949 Pday Cash. Demarq Pla No WA 1$50 Aah Houp -DemBM Yea CM1eck $ 18,&5 S 16.&5 S 16845 T. dankA0.pumsJ I f 1.1JI J)4 S 16645 $ - f 16&5 U S Treasury Cu.dOn-A..Ub.l Su as lssuerR' a A... Vdloe Surplus Yes As Surplus Y.a Bankof New Yon-Demytl Yes Tdld 13,956.fiB6 13,956606 13,956606 TOW, - US Tress 1],950,66fi iJ959,68fi 1],958.806 Pnme Con' al Paper Bonk Scopus Smplu9 Cuarotlan-gvallaWl Su us lauerR a V.I. Yes Ad Yes Bankm New TOM�pemand Yes Nestle Cap Corp 2,905,790 2985.)Ad 2,985,)90 Bank ON"Yon-GmaM Yes Co. Cola 4,974,426 4.974428 4974,425 Bank of N. Yon-Gma. Yea Moman Slankey 4,M2,914 4,902.914 4,902,914 Bank OlNex Ypn-Gmand Yes Wells Faroo 49&249 49Be,269 49Ba,249 Bank 3l New Yon Dem3M Yes Aftln Deere 4985,208 4.965200 4,98.5,208 Bank of New York -OemaM Vas AT&T 4,997,597 499),59) 4902597 i01a1-Prime Cgnmemal Pa ! 2' W3.I. 27,9pp, 184 279001e4 Low' AOanry lnveslmeM Fund Surplus Surplus NO. - AYak.tall Su lus Take Boa Yes Ad Tes tA1F- CM-'Xm'no Tes a. 'no 39,614,09T 39,04I,p92 13,321,510) ]6,]22561 LAIF - RDA. Demand Yes Slate P.: BB04,]10 BB04 N0 0.004,310 TOUI-State Pool 40,5T8.]92 40,520]92 L32L518 45.208,W4 Scopus No M No AAIWIFinX Swem¢us f (2,30, 072A67 $ 1.7 69,205190- 75, ()SO,W9) 1250 1 $ 1 ])0299 -0.n 41 O.00S6% Surplm No Al,No Surpus All FurNs A:]T Sumus Ves )an4% 71364% Suglus No Ad, Shashi No AllFundal gpualX Surplus Ves 302544% 305202p Surpass tb M SuryWs No All Funds A..I % Surplus Yes 40388% 4p]N% Supus No M SuryMu No AIFUMs Actual % Surplus Yes 141361% 1a 26ap% Scopus Na Ad Surpus No AX FUNs Surplus A. % Yes z4 sen% 231121% T.1 CH,YMMyMa tb,Ofl151I 15/,071,251 3,321,51e 151.)49,135 W.M95% )9.1161% Total Co, Cash & Mwamxim 1%s3/,O) NscalA em lmasbxMF Pomola-CM lmz.. Custodan=aNdlll Su ue Iasmra gmpn¢etl Velm Surylua Yes Ad Surpus Yea 2002 RDA US BankCIP 20M Flnanw AuthorM LIP 2W4Finance ANln LIP Ves Yes Yes US Treasury BW US Treasury B'0 USTreasu Bill 1J.853.176 9,e95,12) 4,9)8,666 1].85]1)6 9.895.R) 49i8,666 13,05J,1)fi 9,895,12) 49)8.666 Tmdl US Taasu 28]26,969I 'a,"d a69 Tfi.t26,969 POM01io-MNudl Funds i asked Avada0'I Su 1. Money Marks Mutual Food Book Value Surplus Yes Ad Sualus Yes Crv¢Cenler V S Bank Project YES tat Amerce Cmc Center U S Bank -DeM Svc YES 1st Arta 19M RDAUS Bank-Cele Svc YES 1a Ammnca 1995 RDA U 5Bank-CIP YES I51Amencan 1p35 RUA U S Bank - SPenal F.. YES 1sl Arnancn 2COd Fin AMh-1995USBaok' Escrow YES 1. Ameredn I RDA U 5 Bank -CIP YES 1M American 1995 RDA U S Bank - OM Svo YES 151Amenwn 1WO RDA U S Bank - Spdoal Fund YES I.Amenean 19M RDA U S Bank CIP YES 1stAmengn 2091 RDA V5 Bank - OM Svc YES 19 Amehan 2WI RDA US Bank -CIP YES lat Amencan 2002 RDA US Bank-DMSvc YES 19 Arnpm.n 2M2 RDA US Bank CIP YES tat AmenWn 2.649,913 2649913 2849,913 2903 Taxade RDA U S Bank YES reca 1MAnnn 2o03 Taltada RDA U S Bank -COI YES 1atAmmcan 2. TUOBW RDA U S BankLIP YES 1st American - MfFan AunUSBank CIP YES Ist Amenwn 9,254.526 9254526 9.2M,526 2004 Fan Auth US Bank C01 YES lat Amdncan Subseal- Mutual Fund 12104,439 12,1M,439 12.104439 1,551,318 S,]21,51/ 1,T)5299 19.N11% bIIN% Stuplus No M Surpus tM All FUMs Aquad% Scopus Yes - 1d 5550°A 14.1% Surplus No Atl Surplus No AfiFundsl AmuM% Sualus Ves 613M 61664% Total FIstal Agnl lmFFOnanla w,utws M,8S1,We de N1,40e 20,63)9% 30.e)53X DaMToal 18),sujes 1a0.00p0 100.a000x1 135 21 0 k | \\\\�k / } W((a\ |{/ k ;; \s.0 ( \ y&\$ 5!\\&[ cl k\ °( \\�o a \ ,:- ' k $\\� \ \ \ \ / °)((} \\\\6 )75 § a \ on Ld \ j\)\)\ Ld �(: #a![§ o5;;D ! ®( \ ( � - a - ! t`!;! } j ƒ)kƒ \k)(\)! } \ § ) 136 22 e ee e r N oN ee a ne N O a eeee LL W N n N N Opi O M� owe e � W b e o 0 o e O NOON N�Ih e eeeW e- e e e N O N 1N0 p O �e ee da'Ne d N O N N N c aoon�a m m Y C 4 2 gym.. 2 E E E E E C d N d y yd L C C m W E m w E UQm m W E m m E d m E Vav m E- m rn CS yam aam yam yffu oai d ' m m cN m Em m 08 a LLaK LLa -' 8 » LLLL3K °m- ao20 OE0 =Oc i1°. O Om OOO Odi =md m OO mal N wwmL,a N mrn dW rn?o c m" R ma�z•a N aaw2.a c rn�aez S. �aai as c ...Zo .E < E c 9E EEEm ci' E me EEEm€ E Emc Emc NmN EEEm� mD J WyN WyNN WNNN WddN WNdN WdNN WyNy WyNN WpN0yN 0W WaNNd ~L'dJ dm LCg�dJ LEO�m Lm �d L��m dNyNNy NdNj aTdN andN OmH1 Nm Td rd Nd Nd N O J J N J 0 w J N LL C C C LL u4 y LL C LL C C LL' C C V' �a`a`na'3 C C « a3 N a`a`a`ya'3 �a`a`1na3 a`a`a`�a'3 a`a`a`na'3 a`a` a`a`a`na'Q 137 23 ,...,. W K m A CD O � N c 7 � x yTL I E O 0 N m a N P C E w O o i a Q � N t N i C � O rL a0 O L N lL f0 N� _C W m O o OD ca :3 - c m O N LLL y N c �i 2 � V _ y of O a d CY a' S owe �+ O QO � W a � N N :i m S o 0 0 0 0 0 0 o Q C% 16 O O O O V) O O O O O O O C O 1N O y O O O U') O I C N V a M fh N N •- O O � a .., 138 24 cewyl 4 4a Qamrry AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: September 16, 2008 BUSINESS SESSION: ITEM TITLE: Receive and File Transmittal of Revenue CONSENT CALENDAR: 3 and Expenditure Report dated June 30, 2008 and July 31 , 2008 STUDY SESSION: _ PUBLIC HEARING: RECOMMENDATION: Receive and File FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Receive and File Transmittal of the June 30, 2008 and July 31, 2008 Statements of Revenue and Expenditures for the City of La Quinta. Respectfully submitted: 4 John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures Report for June 30, 2008 2. Revenue and Expenditures Report for July 31, 2008 1 A 1 1 AGrnVICIM 1 I CITY OF LA OUINTA REVENUES -ALL FUNDS 07/0112007. 06/3012008 FUNDS BUDGET RECEIVED RECEIVED General $40.950,11034 $41,665,414.42 10170% Library 2.072.20000 2,971,941.44 143,40% Gas Tax Revenue 756,200 00 740,887.43 98 00 % Federal Assistance 706,27600 715,630.31 10130% JAG Grant 10,607 00 10,607.00 100 00 % Slesf (Cops) Revenue 100,400.00 106.154.09 105.70% Indian Gaming 190,750.00 168,15535 88.20% Lighting & Landscaping 916,500.00 909,22850 9920% RCTC 2.292,807 00 86,558 53 3 80% Development Funding 0.00 0.00 0.00% Crime Violent Task Force 103,500.00 76,679.03 74 10% AS 939 165,700.00 168,482.95 101.70% Quimby 1,438,000.00 7DB,46081 4930% Infrastructure 12,000.00 14,372 55 119 80% S8 1266 660,937 00 53,112 20 8 00% South Coast Air Quality 56,900.00 57,636.86 10130% Transportation 1,225,000.00 1,499,02408 12240% Parks & Recreation 334,500.00 418,29400 125.10% Civic Center 194,70000 357,89154 183.80°h Library Development 133,00000 164,896.00 12400% Community Center 74,900.00 75.543.98 10090% Street Facility 84,1 B6.00 54.71155 65,00% Park Facility 11,600.00 14,221.61 122.60% Fire Protection Facility 27,00000 47,881.29 17730% Arts In Public Places 137.50000 198,569.31 14440% Interest Allocation 000 0DD 000% Capital Improvement 153,860,155.00 45,515,080.77 2960% Equipment Replacement 737,483.00 1,022,50688 138.60% Information Technology 560,026.00 644,01068 115.00% Park Equipment & Facility 430,29000 577,53779 13420% SilverRock Golf 3,637,30600 4.119,19924 11320% SilverRock Golf Reserve 74,946.00 70,978.80 9470% LQ Public Safety Officer 2.60000 2.71091 104.30 % La Quinta Financing Authority 6,617,68600 6,612,486.33 999D% RDA PmjectArea No 1 88.852,487 00 87,594,514 16 98.60% RDA Pni Area No 2 43,414,99900 43,661,173.75 100.60% Total $350,843251.34 $241,104,55414 6870% 140 2 CITY OF LA QUINTA EXPENDITURES - ALL FUNDS 0710112007-06/3012008 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT enera Library 5,442,810 DO 5,537,696.41 0.00 (94,886A1) 101.7% Gas Tax 576,760.00 535,293.50 0.00 41,466.50 92.8% Federal Assistance 706,276.00 715,630.31 000 (9,354.31) 101.3% JAG Grant 10,607.00 10,607 00 0.D0 0.00 100 0% Slesf(Cops) Revenue 100.40000 101,187.98 000 (78798) 100.8% Indian Gaming 201,14200 16B,15535 000 32,986.65 836% Ughbng 8 Landscaping 916,500 00 910,135.74 0.00 6,36426 99.3% RCTC 4.149.82600 4D4,94953 0.00 3,744,87647 98% Development Agreement 000 000 0.00 000 0 0% CV Violent Crime Task Force 57,100.00 39,330.25 000 17,769 75 68.9% AB 939 238,500.00 149,636.11 000 88,863.89 62.7% Quimby 8,572,10000 34,569.00 000 8,537,531.00 0.4% Infrastructure 525.22100 127,64500 000 397,576.00 24.3% SB 1266 660,937 00 53,112 20 0.00 607.824 80 8.0% South Coast Air Quality 26,600.00 16,119.38 000 10,480 62 60.6% Transportation 7,753,56900 779,16248 000 6,974,40652 10.0% Packs B Recreation 100,00000 78,42533 000 21,574.67 784% Civic Center 6,643,426.00 6,719,56665 0.00 (76,14065) 101.1% Library Development 80,00000 88.471.02 0.00 (8,471.02) 1106% Community Center 0.00 0.00 0.00 000 0.D% Street Facility 385,825.00 54,02906 0.00 331,79594 14.0% Park Facility 28,886.00 0.00 D00 28,886.00 00% Fire Protection 35,000.00 42,84543 000 (7,845.43) 122.4% Arts In Public Places 888,450 00 198,780 09 000 689,669.91 22.4 % Interest Allocation 000 000 000 000 0 0% Capital Improvement 153,860,15500 45,515,080.77 80,37882 108,264,69541 296% Equipment Replacement 2.262.206 00 1,798,878 34 234.048 21 229,279.45 79 5 % Information Technology 715,825.00 385,973 93 0.00 329,851.07 53.9% Park Maintenance Facility 40,000.00 432,552.76 12,49541 (405,04817) 1081.4% SilverRock Goff 4,544.11700 4,828.246.96 000 (284,129.96) 1063% SilverRock Reserve 0 00 000 0.00 0.00 0.0% LQ Public Safety Officer 2,000.00 0.00 0 OD 2,000.00 0.0% La Quinta Financing Authority 6,618,486 00 6.612,327 50 0.00 6,158.50 99 9% RDA Project Area No 1 146,688,40000 81,517,77036 0.00 65,170.62964 556% RDA Project Area No 2 82,427,576.00 64,493,232.81 0.00 17,934,343.19 78.2% 0 141 3 CITY OF LA OUINTA 07101/2007 - 06130/2008 GENERAL FUND REVENUES DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED TAXES: Property Tax 2,763,100.00 3,060,533.68 (297.43368) 110.760% NO Low Property Tax Distribution 2,720,50000 2,953,77071 (233,270.71) 108570% Sales Tax 6,769,60000 6,672,57382 97,026.18 98.570% Sales Tax Reimbursement 2,284,400.00 2,284,437,96 (37.96) 100.000% Document Transfer Tax 717,20000 641,70454 75,495.46 89470% Transient Occupancy Tax 5.479,100 GO 5,178,148.52 300,951.48 94.510% Transient Occupancy Tax- Mitigation Me 298.900 DO 320,733.20 (21,833.20) 107.300% Franchise Tax 1,457700.00 1,68715490 (22945490) 115740% TOTAL TAXES 22,490,500.00 22,799,05733 (308,557.33) 101370% LICENSE & PERMITS: Business License 322,200.00 317,011.30 5,18870 98.390% Animal License 18,50000 24,26900 (5,76900) 131180% Building Permits 558,600.DO 678,71165 (120,11165) 121.500% Plumbing Permits 84,40000 102.59430 (18.19430) 121,560% Mechanical Permits 65,50000 63,076.71 2,423.29 96300% Electrical Permits 47,600.00 90,712.41 (43,112.41) 190.570% Garage Sale Permits 11,000.00 15,21000 (4,21000) 138270% Misc Permits 163,200 GO 143,53301 19,666.99 87950% TOTAL LICENSES & PERMITS 1,271,000.00 1,435,118.38 (164,11838) 112.910% FEES: Sale of Maps & Publications 3,90000 2,272.36 1,62764 58 270% Community Services Fees 421,350 00 374,090 34 47,259 66 88 780 % Finance 183.544 34 470.56 183,073.78 0 260% Bldg & Safety Fees 377,100.OD 536,469.92 (159,369 92) 142.260% Community Development Fees 147,400.00 133,443.50 13,956.50 90.530% Public Works Fees 751,200.00 99091680 (239716.80) 131910% TOTALFEES 1,884,49434 2,037.66348 (153,16914) 108130% INTERGOVERNMENTAL Motor Vehicle In -Lieu 3,800,000.00 3,803,646.73 (3,646.73) 100.100% Motor Vehicle Code Fines 86,400.00 141,497.87 (55,097.87) 163 770% Parking Violations 55,900.00 42,93900 12,96100 76.810°k Misc Fines 125,200.00 174,67677 (49,47677) 139520% A8939 000 0.00 0.00 0.000 Federal Govt Grants 000 0.00 0.00 0 ODD % County of Riverside Grant 0.00 10,499 78 (10.499 7B) 0.000 % State of California Grant 735,832 00 744.413.00 (8,581.00) 101 170% Fire Services Credit 4,862,10000 4,364,84782 497,252.18 89770% CVWD 16,80000 0.00 16,800.00 0.000% CSA152Assessment 210,00000 218545.71 (8545.71) lDC070% TOTAL INTERGOVERNMENTAL 9.892.23200 9,501,066.68 391,165.32 96.050% INTEREST 4,852,900.00 5,239,552.18 (386,65218) 107.970% MISCELLANEOUS Miscellaneous Revenue 28,300.00 6,308.53 21,99147 22290% Proceeds from Capital Lease 182,094 00 182,094 34 (0.34) 100 000% Assmnt Dist Surplus 000 90,430.32 (90,430.32) 0.000% Buntec Admn Cost Reimb 0.00 60.927.02 (60.92702) O.ODD% Other Mitigation Measures 000 0.00 0.00 O.ODD% Litigation settlement coo 0.00 0.00 0 ODD% Cash Over/(Short) 5000 6183 (11.83) 123 660 % TOTAL MISCELLANEOUS 210.444 GO 339,822 04 (129,378.04) 161 480% TRANSFERIN 348,540.00 31313433 3540567 89840% TOTAL GENERAL FUND 40,950,110.34 41.665,41442 (715.30408) 101,750% 142 4 0710112007 - 0613012008 GENERAL FUND EXPENDITURE SUMMARY REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 974.64900 547,30974 0.00 127,33926 CITY MANAGER'S OFFICE 706,569.00 705,21322 000 1,355.78 ECONOMIC DEVELOPMENT 2,389,06700 2,206,33959 000 182.72741 PERSONNEL/RISK MGT 1,722,23200 1,322,82857 000 311343 TOTAL GENERAL GOVERNMENT 5, t92,51 7 00 7TG!US CITY CLERK 719 723.00 604 100 95 0 00 115 622 05 TOTAL CITY CLERK , COMMUNITY SERVICES PARKS & RECREATION ADMINISTRATION 1,290,542.00 999,779.46 0.00 290,762.54 SENIOR CENTER 445,11200 373.84544 000 71.26656 PARKS & RECREATION PROGRAMS 228,041.00 202,603.57 0.00 25,437.43 LIBRARY 1,799,32800 722,69938 000 1,076,628.62 MUSEUM 297,20000 2,764,90827 000 (2,467,70827) PARK MAINTENANCE 1398,178.00 1351,6 164.5 0.00 470613.44 TOTAL COMMUNITY SERVICES FINANCE: FISCAL SERVICES 971,34600 948,356.24 000 22,989.76 CENTRAL SERVICES 614658.DO 550556.27 000 6410173 TOTAL FINANCE , BUILDING & SAFETY: BUILDING&SAFETY -ADMIN 417,512.00 406,898.33 0,00 10,61367 BUILDING 1,064,31800 1,178,96408 0.00 (114,64608) CODE COMPLIANCE 1,018,840.00 908,382.80 0.00 110,45720 ANIMAL CONTROL 387.908.00 353.83326 0.00 34,074.74 FIRE 4,955,72400 4.375.301.51 000 580.422.49 POLICE: POLICE SERVICES 10,221,691.00 9,407,688.43 000 814,00257 TOTAL PUBLIC SAFETY COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT -ADMIN 1,664,980.00 744,913.05 000 920,066.95 CURRENT PLANNING 1,037794 DO 592 121.13 0.00 445,61717 TOTAL COMMUNITY DEVELOPMENT PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 674,71200 523.39650 000 151,315.50 DEVELOPMENT & TRAFFIC 1,345,367.00 1,117,395.32 000 227,97168 MAINT/OPERATIONS- STREETS 2,514,90700 1,417,653.09 0.00 1,097,25391 M41NT/OPERATIONS-LTG/LANDSCAPING 1,969,373.00 1,816,038.74 000 153,334.26 MAINT/OPERATIONS - TRAFFIC 852,644.00 474,05003 0.00 378,593.97 CONSTRUCTION MANAGEMENT 1381,922.00 1462451.00 000 (80529.00) TOTAL PUBLIC WORKS � i9$,825-00�`61T�,383 1,927"9d0-3'l TRANSFERS OUT 1,599,533.00 812,134.42 000 787,398.58 GENERAL FUND REIMBURSEMENTS (6,112,87200) (5433405.04) 0.00 (67946696) NET GENERAL FUND EXPENDITURES 39,937,352.00 35,017,235.80 UUU 4,920,116.20 143 5 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside Contdbutions Interest TOTAL LIBRARY GAS TAX REVENUE: Section 2105 Section 21 D6 Section 2107 Section 2107 5 Traffic Congestion Relief Interest TOTAL GAS TAX FEDERAL ASSISTANCE REVENUE: CDBG Grant Interest TOTAL FEDERAL ASSISTANCE JAG GRANT Grant Revenue Interest TOTAL JAG GRANT SLESF (COPS) REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) 2,000,700.00 2,941,95400 (941,254.00) 147050% 26,500 00 26,500 00 000 100.000% 45,000 00 3,487.44 41,51256 7.750% 2.072,20000 2,971,941.44 (899,74144) 143,420% 243,000.00 243,59063 (590.63) 100240% 170,400 00 162,008.53 8,391.47 95 080 % 323,500.00 325,96716 (2,467.16) 100760% 6.20000 6,000.00 20000 96 770 % 0.00 000 000 0.000 % 13,100.00 3321.11 9,77889 25.350% 756,200.00 740,887.43 15.31257 97.980% 706,27600 715,630.31 (9,35431) 101320% 000 000 0.00 0000% 706.276 00 715,630 31 (9,354 31) 101.320 % 10,60700 10,607.00 0.00 100,000% 000 000 0.00 0 000 % 10.607 00 10,607 00 0.00 100 000 % 100,000.00 103,253.00 (3,25300) 103.250% 400.00 2,90109 (250109) 725.270% 100,40000 106,154.09 (5,75409) 105730% INDIAN GAMING Grant revenue 177,25000 168,15535 9.09465 94A70% Interest 13,500.00 0.00 13500.D0 0.000% TOTAL INDIAN GAMING 190,75000 168,155.35 22,59C65 88150% LIGHTING S LANDSCAPING REVENUE: Assessment 916.500 00 909,228.50 7,27150 99 210% Developer 0.00 000 0.00 0.000% Interest 0.00 000 0.00 0.000% TOTAL LIGHTING S LANDSCAPING 916,500.00 909,228.50 7.271.50 99.210% RCTC RCTC Funding 2,292,807.00 86,55853 2.206,24847 3,780% Transfer in 000 000 0.00 0000% TOTAL RCTC DEVELOPMENT AGREEMENT FUND ' Mitigation Measures 0.00 0.00 000 0.000% Interest 0.00 0.00 0.00 0.000% Transfer In coo 0.00 0.00 0000% TOTAL DEV AGREEMENT 000 0.00 0.00 0000% CRIME VIOLENT TASK FORCE Member Contributions - Carryover 49,900.00 30,632.00 19,26800 61390% Grant revenue -JAIB 42,500.00 34,59729 7,90271 81 Al 0% CLET Line 6,100.00 5,73223 367.77 93.970% Interest 5,00000 5,717.51 (717.51) 114350-A TOTAL CRIME VIOLENT TASK FORCE 103,50000 76,679.03 26,82097 74090% AS 939 REVENUE: AS 939 Fees 0.00 110,899.99 (110,899.99) 0.000% Interest 165,70000 57,582.% 108117.04 34.750% TOTAL QUIMBY 1279 QUIMBY REVENUE: Quimby Fees 1,016,000.00 299,32625 716,67375 29460% Donations 0.00 4,30000 (4,30000) 0000% Interest 422 000.00 404,834 56 17 185 44 95 930 % TOTAL QUIMBY Utility refund 0.00 0.00 0.00 0.000% Interest 12,000.00 14,372 65 (2,372.55) 119.770% Transfer in 0.00 000 0.00 0.000% TOTAL INFRASTRUCTURE 12,00000 14,372.55 (2,372.55) 119.770% SB 1266 687266 Grant 660,937.00 40,46789 620,46911 8.120% Interest 0.00 12,64431 (1264431) 0.000% TOTAL SB1266 660,93/ 00 53TiI�'i{2d9If-SRdU"% 144 CITY OF LA OUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED SOUTH COAST AIR QUALITY REVENUE: S.C.A.O. Contribution MSRC Funding Street Sweeping Grant Interest TOTAL SCAO TRANSPORTATION Developerfees Interest Transfer in TOTAL TRANSPORTATION PARKS & RECREATION Developer fees Interest Transfer in TOTAL PARKS & RECREATION CIVIC CENTER Developer fees Interest Transfer in TOTAL CIVIC CENTER 47,700.00 48,223.28 (523.28) 101.100% 000 000 0.00 0000% 000 0.00 0.00 0 000% 9,200.00 9,41358 (213 58) 102 320% 56,900.00 57,636.86 (73686) 101.300% 1,000,000.00 1,189,15457 (189,154.57) 118,920% 225,000.00 309,86951 (84,86951) 137720% 0.00 000 000 0.000 % 1,225,000.00 1.499,024.08 (274.02400) 122.370% 334,500 00 418,294 00 (83,794 00) 125 050% 000 0.00 0.00 0 000 % 0.00 000 000 0.000% 334,500 DO 418,294.00 (83,79400) 125.050% 194,700.00 357,89154 (163,19154) 183.820% 000 0.00 0.00 0.000 % 0.00 0.00 0.00 0.000% 194,700.00 357,891.54 (163.191.54) 183.820% LIBRARY DEVELOPMENT Developer fees 133,00000 164,89600 (31,896.00) 123980% Interest 0.00 000 000 0.000% Transfer in 0 DO 0.00 0.00 0.000 % TOTAL LIBRARY DEVELOPMENT 133,000.00 164.89600 (31,896.00) 123980% COMMUNITY CENTER Developerfees Interest TOTAL COMMUNITY CENTER STREET FACILITY Developer fees Interest Transfer In TOTAL STREET FACILITY PARK FACILITY Developerfess Interest TOTAL PARK FACILITY 28,000.00 31,61900 (3,61900) 112.930% 46,900.00 43,924 98 2,97502 93 660 % 74,900.00 75,543.98 (643,98) 100,860% 44,10000 42,299.62 1,800.38 95920% 11,200.00 12,41193 (1,21193) 110.820% 28,886D0 0 00 28.88600 0 000% 84,18600 54,711.55 29.474.45 64990% 8,000.00 10,55900 (2,559.00) 131990% 3,600.00 3,66261 (62.61) 101.740% 11.600.00 14,22161 (2,621.61) 122.600% FIRE PROTECTION FACILITY Developer fees 27,00000 47,881.29 (20,881.29) 177.340% Interest 000 0.00 0.00 0 000 % TOTAL FIRE PROTECTION FACILITY 27,000 00 47,881.29 (20,881,29) 177 340% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97,50000 154.08416 (56,584.16) 158040% Arts in Public Places Credits Applied 000 1,860.31 (1,660.31) 0,000% Interest 40,000.00 42624.84 (2624.84) 106560^h TOTAL ARTS IN PUBLIC PLACES 137.50000 198,569.31 (61,06931) 144.410% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 0.00 0.00 0.000% Transferin 000 0.00 000 0.000016 TOTAL INTEREST ALLOCATION 000 0.00 000 0.000% „ 145 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface T2nsponabon Funding City of Indio DSUSD IID RCTC Vista Dunes Housing LLP 56821-Bicycle Path Gram State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE 981,488.D0 672,83472 308,653.28 68.550% 0.00 000 0.00 0.000% 0.00 0.00 0.00 0.000% 10,251,06700 204,377.82 10,046,68918 1990% 438,D4100 434,691.32 3,349.68 99.240% 0.00 0.D0 0.D0 0ODD% 520,486.00 0.00 520,486.00 0.000% 000 0.00 0.00 0 000 % 4,032,285.00 3,511,368.91 520,916.09 87080% 0.00 000 000 0.000 % (31,490.00) 0.00 (31,49000) 0.000% 0.00 0.00 O DO 0.000% 701,58200 107,379.00 594,203.00 15,310% 000 0.00 0.00 0 000% 136,966,696 00 40 584,429.00 96,382,267 00 29 630% 153,860,155.D0 45,515,080.77 108,345,07423 301.800% EQUIPMENT REPLACEMENT FUND: Equipment Charges 590,883.00 590.885 DO (200) 100.000% Capital Contribution 0.00 306,803.80 (306,80380) 0.000% Sale of Fixed Asset 000 3,885.36 (3,885.36) 0000% Insurance Recoveries 000 2,099.71 (2,099,71) 0.000% Irdemst 146,60000 118,83301 27,76699 81.060% Transfers In 0 DO 000 000 0.0D0% TOTAL EQUIPMENT REPLACEMENT 737,48300 1,022,50fi 88 (285,023 88) 138.650% INFORMATION TECHNOLOGY FUND: Charges for services 525.026 00 525,026 00 000 100 000 % Capital Contribution 000 74,247.20 (74,247,20) 0.000% Sale of Fixed Asset 0.00 000 000 0.000% Interest 35,000.00 44.73748 (9,73748) 127.820% Transfers In 0.00 0.00 0.00 0,000% TOTAL INFORMATION TECHNOLOGY 560,026.00 644,010.68 (83,98468) 115.000% PARK EQUIPMENT & FACILITY Chargesforservices 391,190.00 391.190 DO 0.00 100,000% Interest 39,100.00 49,934.85 (10,834.85) 127,710% Capital Contributions 000 136,412.94 (136,412 94) 0.000% TOTAL PARK EQUIPMENT& FAC 430.29000 577,53779 (147,247.79) 134220% SILVERROCK GOLF Green fees Range fees Resident Cam Bob Hope Chrysler Classic Merchandise Food & Beverage Allocated Interest Income Sale of Fixed Asset Capital Contributions Transfers In TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE Interest Transfers In TOTAL SILVERROCK GOLF LO PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY 3,161,211.00 3,287,950.12 (126,739,12) 104.010% 83,725.00 92,242 18 (6,517A8) 110 170% 15.000 00 24,300 00 (9,300 00) 162.000% 50,000.00 50,00100 (100) 100,000% 327,370 DO 355,25471 (27,884,71) 108.520% 0.00 4,485 D4 (4,485.04) 0 000% 000 0.00 0.00 0 000 % 000 (47,720.81) 47,720.81 0.000% 0.00 352,687 00 (352,687 00) 0.000% 000 000 0.00 0.000 % 3,637,3D6.00 4,119,19924 (481.893.24) 113.250% 3,50000 4,31482 (814 82) 123.280% 71,446.00 66,66398 4.78202 93.310% 74,946.00 70,978.80 3,96720 94.710% 2.00000 2,00000 0.00 100.000% 6DO.00 71091 (11091) 118.490% 2,60000 2,710.91 (11091) 104.270% 0 CITY OF LA QUINTA 07/01/2007 - OW3012008 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITURES 000 0.00 000 0.00 REIMBURSE GENERAL FUND 2,096,529 W 2,191,554.27 0.00 (95,025,27) TRANSFER OUT 3346281.00 3346,11&14 010 138.86 TOTAL LIBRARY FUND GAS TAX REIMBURSE GENERAL FUND 575,271.00 575,271.00 0.00 0.00 TRANSFER OUT 1489.00 (39977501 000 4145650 TOTAL GAS TAX FUND 018:180.U(�-535;2g3 50-U.U!)--;T365 FEDERAL ASSISTANCE FUND: I HANSFER UU I TOTAL FEDERAL ASSISTANCE FUND 705,276 W 715,63U.31 000 I9 ;f54.311 JAG GRANT I NSFFH UUI TOTAL JAG GRANT 10,13070U 10,6U7.VU U.W UW SLESF(COPS) I HANSFFH UUI TOTAL SLESF(COPS) FUND 10U,4WW 101,18796 0U11 (78798) INDIAN GAMING FUND TRANSFER OUT 201142.00 168,15535 0.00 32,986.65 TOTAL INDIAN GAMING FUND LIGHTING 6 LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 916,500 W 910,135.74 0 W 6,36426 TRANSFER OUT 000 0.00 0.00 000 TOTAL LTGILANDSCAPING FUND RCTC TRANSFER OUT 4149826.00 404949.53 O.W 37448764' TOTAL RCTG DEVELOPMENT AGREEMENT FUND CONSTRUCTION 0.00 0.00 000 0.00 REIMBURSE GENERAL FUND 000 0.00 000 0.00 TRANSFER OUT 0.00 0.00 ODD 000 TOTAL DEV AGREEMENT FUND CRIME VIOLENT TASK FORCE OPERATING EXPENSES 57,100.00 39,330.25 0.00 17,769.75 TRANSFER OUT 000 OW 000 0.00 TOTAL CRIME VIOLENT TASK FORCE AS 939 OPERATING EXPENSES 238,500.00 149,63611 000 88,863.89 TRANSFER OUT 0.00 000 000 000 TOTAL AS 939 QUIMBY FUND: CONSTRUCTION 32,OW.00 32,00000 0.00 0.00 I HANSFFH OUI e,5W,1W.0U 2,659m O.W 8,537,531.W TOTAL QUIMBY INFRASTRUCTURE FUND CONSTRUCTION 0.00 Goo 000 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 000 TRANSFER OUT 525,221.00 127,645 W 0.00 397176.00 TOTALINFRASTRUCTURE SB 1266 1 HANSFEN OUI TOTAL 58 1255 FUND OIJ,W7W 53,112.2U U.W 6U7,82480 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 26,600.00 16,11938 0.00 10.480.62 TRANSFER OUT 000 0 W 0.00 0.00 TOTAL SOUTH COAST AIR QUALITY TRANSPORTATION PROGRAM COSTS 0.00 0.00 0.00 OW CONTRIBUTION 000 000 0.00 0.00 TRANSFER OUT 7753,56900 77916248 000 6374406.52 TOTAL TRANSPORTATION PARKS S RECREATION INTEREST ON ADVANCE 1W,0W.00 78,425.33 0.00 21,57467 TRANSFER OUT 000 000 0.00 OW TOTAL PARKS S RECREATION CIVIC CENTER PROGRAM COSTS 2W,000.00 276,140.65 OW (76,140.65) REIMBURSE GENERAL FUND 202.764.00 202,76400 0.00 000 TRANSFER OUT 6240662.00 6,240882W 0.00 OW TOTAL CIVIC CENTER LIBRARY DEVELOPMENT PROGRAM COSTS 000 0.00 000 0.00 INTEREST ON ADVANCE 80,000.00 88,471.02 O.W (8,47102) TRANSFER OUT 000 0.00 OW 000 TOTAL LIBRARY DEVELOPMENT 141 91 CITY OF LA QUINTA 07/01/2007 - 06130/2008 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL COMMUNITY CENTER STREET FACILITY PROGRAM COSTS 0.00 0.00 0.D0 000 TRANSFER OUT 385,825.00 54,029.08 0.00 331795.94 TOTAL STREET FACILITY _TIMM PARK FACILITY - PROGRAM COSTS 000 0.00 000 0.00 TRANSFER OUT 28,88600 0.00 000 21,886.00 TOTAL PARK FACILITY FIRE PROTECTION INTEREST ON ADVANCE 35,000.00 42,84543 000 (7,84543) TRANSFER OUT 000 0.00 000 000 TOTAL FIRE PROTECTION DIF 3b.UUU JU 42_84b_ ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 30,000.00 14,085.66 0.00 15,91434 OPERATING EXPENSES-APP 3,200.00 807.62 0.00 2,39238 ART PURCHASES 455,25000 183,88681 000 271,363.19 TRANSFER OUT 400,000.00 0.00 0.00 400,00000 TOTAL ART IN PUBLIC PLACES CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 152,883,648.00 45,306,69674 80,378.82 107,496,572A4 PROJECT REIMBURSEMENTS TO GEN FUND 976,507.00 208.38403 0.00 768,122.97 TRANSFER OUT 0.00 0.00 000 TOTAL CAPITAL IMPROVEMENT _515_unu_ EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 1,000,13200 536,80434 234.04821 229,279.45 TRANSFER OUT 1 262 074.00 1 262 074.00 000 000 TOTAL EQUIPMENT REPLACEMENT FUND INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 715825.00 38597393 000 329,851.07 TOTAL INFORMATION TECHNOLOGY FUND73 PARK MAINTENANCE FACILITY OPERATING EXPENSES 40,000.00 432,552 76 12,495.41 (405,048.17) TRANSFER OUT 000 0.00 0.00 000 TOTAL PARK MAINTENANCE FAG . SILVERROCK GOLF OPERATING EXPENSES 4,472,671.00 4.761,582.98 000 (288,911.98) TRANSFER OUT 71 44600 68 fi63.98 0 00 4 782.02 TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE TRANSFER OUT 0.00 000 0.00 000 TOTAL SILVERROCK GOLF RESERVE LA QUINTA PUBLIC SAFETY CON I RIBU I IUNS TOTAL LA QUINTA PUBLIC SAFETY 2,UUU UU U.UU Ulm 2,UVU.UU am 10 A l l Aunivicm I L CITY OF LA QUINTA REVENUES -ALL FUNDS 07/01/2008 - 07/3112008 FUNDS BUDGET RECEIVED RECEIVED General $40,098,089 DO $1,709,58635 4.30% Library 2.628.600.00 000 000% Gas Tax Revenue 990,400 00 000 0.00% Federal Assistance 190,055 00 13,023 00 6 90% JAG Gram 000 000 000% Slesf(Cops) Revenue 100.50000 3,25300 320% Indian Gaming 150,600.00 000 000% Lighting & Landscaping 927.900 00 000 0 00 % RCTC 1,997,700.00 0.00 000% Development Funding 000 000 OD0% Crime Violem Task Force 63,600.00 34,297.13 41.00% AS 939 141,100.00 0.00 000% Quimby 1.029,60000 0.00 000% Infrastructure 000 0.00 0,00% Proposition I 557,171.00 0.00 0.00% South Coast Air Quality 56.200 00 000 0 00 % Transportation 1,034,400 OD 475,51119 4600% Parks & Recreation 356.800 00 30,328 00 8 50 % Crvm Center 424,20000 52,967.27 1250% Library Development 142,00000 12,07000 850% Community Center 69,400.00 2,51600 S60% Street Facility 35.600.00 16,60526 46.60% Park Facility 10,800.00 748.00 6.90% Fire Protection Facility 59,600.00 7,510.06 12.60% Arts In Public Places 102,70000 61,15283 59.50% Interest Allocation 0.00 (129,09196) 0.00% Capital Improvement 117,713.993 DO 75,544.84 010% Equipment Replacement 807,18100 716,88100 8880% Information Technology 529,20100 494,201.00 93.40% Park Equipment & Facility 447,694.00 413,394.00 92,30% SilverRock Golf 3,759,926.00 108,761 41 2 90% SilverRock Golf Reserve 79,19900 000 000% LQ Public Safety Of0cer 2.50000 2,00000 80 00 % La Quints Financing Authority 6,610,874.00 0.00 0,00 % RDA Project Area No 1 81,746,779 00 39,987.49 ODO% RDA Project Area No 2 31,883,598 00 57.562 65 0.20% Tutal $294,767.96000 $4,19880852 140% �... 149 11 CITY OF LA OUINTA EXPENDITURES -ALL FUNDS 07/01/2008 - 07131/2008 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General ,32 ,081.00 , 9, 927 $152,U73.60 $36,751,45813 Library 1,661,386.00 115,000 00 0.00 1,546,386 00 6.9% Gas Tax 1,067,407 00 53,584 50 0.00 1,013,822 50 5.0% Federal Assistance 186,110 00 000 000 186,110 00 0.0% JAG Grant 000 0.00 000 0.00 00% Slesf (Cops) Revenue 100,400.00 0.00 0.00 100,400 00 0.0% Indian Gaming 150,600 00 000 0.00 150,600 00 0.0% Lighting & Landscaping 927,900 00 77,324 89 0.00 850,575 11 8.3% RCTC 3.744,87700 0.00 000 3,744,87Z00 00% Development Agreement 000 000 000 000 00% CV Violent Crime Task Force 57,100.00 4,297.76 000 52,802.24 7 5% AS 939 000 000 000 0.00 00% Quimby 9,030.131.00 0.00 000 9,030,131.00 00% Infrastructure 397,576.00 0.00 0.00 397,57600 0.0% Proposition 1B 1,164,99600 000 0.00 1,164,99600 00% South Coast Au Quality 26,600.00 000 13.00 26,60000 0.0% Transportation 8,284,991.00 18,309.17 0.00 6,266,681.83 0.2% Parks & Recreation 37,500 00 000 0.00 37,500 00 0.0% Civic Center 434,01400 16.89700 0.00 417,11Z00 39% Library Development 48,750.00 000 000 48,750 00 0.0% Community Center 000 000 0.00 Goo 00% Street Facility 2,484,563 00 0.00 000 2,484,563.00 00% Park Facility 0.00 0.00 000 0.00 00% Fire Protection 1.423,12500 0.00 000 1,423,125.00 0.0% Arts In Public Places 696,200 00 000 0.00 696,200 00 0.0% Interest Allocation 0.00 000 0.00 000 00% Capital Improvement 117,713,993.00 75,54484 0.00 117,638,448A6 01% Equipment Replacement 878,64600 2,66507 000 875,980.93 0.3% Information Technology 494,204.00 66,685.83 000 427,518.17 13.5% Park Maintenance Facility 87,565.00 0.00 000 87,56500 0.0% SilverRock Goff 4,519,57100 10,947.83 0.00 4.500,62317 0.4% SilverRock Reserve 0.00 000 0.00 0.00 0.0% LO Public Safety Officer 2,000.00 000 000 2,00000 00% La Quints Financing Authority 6.612,244 00 65528 000 6,611,568 72 00% RDA Project Area No 1 122,949,75800 658,263.40 000 122,291,49460 0.5% RDA Project Area No 2 41,551,13900 467,640.81 000 41,083,49819 11% 150 12 0710112008 .0713112008 CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL TAXES: Property Tax No Low Property Tax Distribution Sales Tax Sales Tax Reimbursement Document Transfer Tax Transient Occupancy Tax Transient Occupancy Tax - Mitigation Measures Franchise Tax TOTALTAXES LICENSE S PERMITS: Business License Animal License Building Permits Plumbing Pemits Mechanical Pennine Electrical Permits Garage Sale Permits Misc Permits TOTAL LICENSES S PERMITS FEES: Sale of Maps 8 Publications BUMec Admn Cost Reimb Community Services Fees Finance Bldg 8 Safely Fees Community Development Fees Public Works Fees TOTALFEES INTERGOVERNMENTAL Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines A8939 Federal Govt Grants County of Riverside Gram State of California Grant Fire Services Credit CVWD CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue Assmm Dist Surplus Other Mitigation Measures Litigation settlement Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND REMAINING % BUDGET RECEIVED BUDGET RECEIVED 2,838,600.OD 0.00 2,838,60000 0000% 2,543,300.00 0.00 2,843,300.00 0.000% 6,796,50000 490,10000 6,306,40000 7.210% 2,265,500 00 000 2,265,500 00 0 000 % 717,200.00 40,286 79 676.913 21 5 620 % 5,600,000.00 219,457.46 5,380,54254 3920% 305,40000 301,68320 3,716.80 98.780% 1,764,400 00 52,95540 1,711,444.60 3 000 % 23,130.90000 1,104,482.85 22,026,417.15 4770% 279,200.00 25,870.80 253,329.20 9270% 19,700.00 2,236.00 17,464.00 11.350% 446,880.00 68,534.85 378,345.15 15.340% 67,520.00 8,793.75 58,72625 13020% 38,080.00 5,295.50 32,783.50 13,910% 52,400.00 8,940.12 43,45988 17060% 10,7DO.00 930.00 9,770.00 8.690% 127,600.00 16,366.90 111,233.10 12,830% 1.042,08000 136,96892 905,11108 13140% 2,10000 5315 2,04685 2 530 % 92,300.00 0.00 92,300.D0 0.000% 446,42500 130,916.52 315,508.48 29.330% 25000 200.00 50.00 80 000% 301,680.00 33,461A6 268,21884 11090% 100.200.00 13.758.00 86,442 00 13 730% 501,200.00 15,223.50 485,97650 3040% 1,444,155.00 193,612 33 1,250.542 67 13 410 % 3,942,10000 17,97747 3,924,12253 0460% 94,500.00 9,753.49 84,746.51 10320% 59,500 00 1,55000 57,950 00 2 610% 116,000.00 21,195.33 94,804.67 18.270% 000 000 0.00 0000% 000 000 0.00 0.000% 000 000 0.00 0ODD% 10,800 DO 0.00 10,800.00 0000% 5,053,100.00 000 5,053,10000 0000% 16,800.00 000 16,800 00 0 000 % 218,000.00 000 218,00000 0000% 9,510,800.00 50,47629 9,460,32371 0530% 4,127,478.00 222,868.82 3,904,60918 5400% 8,400.00 1,161.19 7,23881 13820% 0.00 000 000 0000% 0.00 coo 000 0 000 % 0.00 000 000 0.000% 5000 1595 3405 31 900% 8,45000 1,17714 7.27266 13930% 834,226.00 0.00 834,22600 0.000% 40,098,08900 1,709,586.35 38,388,50265 4260% 151 13 07101/2008 - 07/31/2008 GENERAL FUND EXPENDITURE SUMMARY REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 1,011,57200 78,714.10 000 932,85790 CITY MANAGER'S OFFICE 497,78200 33,12344 000 464,658.56 ECONOMIC DEVELOPMENT 2,448,39700 471,988.33 000 1,976,40867 PERSONNEURISK MGT 1,701,94900 403,17171 2,00000 1,296,777.22 TOTAL GENERAL GOVERNMENT ,6 9, 0 97 65 CITY CLERK 77082800 62,822.75 0.00 716,00525 TOTAL CITY CLERK 0.00 716,00525 COMMUNITY SERVICES PARKS& RECREATION ADMINISTRATION 1,067,51100 64.84874 90500 1,001,75726 SENIOR CENTER 443,402.00 38,295 01 000 405,106 99 PARKS & RECREATION PROGRAMS 223,579.00 20,725.32 000 202,853 68 LIBRARY 1,395,671.00 222,919.10 000 1,172.75190 MUSEUM 250,71400 10,90829 3,32500 236,48071 PARK MAINTENANCE 1,421,031.00 450,55296 000 97047'04 TOTAL COMMUNITY SERVICES 4,801,90000 808, FINANCE: FISCAL SERVICES 1,015,525 00 91,773 28 000 923,751 72 CENTRAL SERVICES 402,511 00 128,404 83 000 274.106 17 TOTAL FINANCE 1,418,035.00 220,17811 000 1.197.85789 BUILDING & SAFETY: BUILDING&SAFETY -ADMIN 437,418.00 34,78965 000 402,62835 BUILDING 1,015,916.00 62,027.51 276.30 953,61219 CODE COMPLIANCE 997,512.00 137,746.62 1,326.24 858,439.14 ANIMAL CONTROL 407,510.00 51,119.97 33130 356,05873 FIRE 4,979,375.00 34,35408 000 4,945,02092 EMERGENCY SERVICES 151,274.00 18,642 28 000 132,631 72 CIVIC CENTER BUILDING -OPERATIONS 1,260,990.00 131,611.08 55260 1.128.82632 TOTAL BUILDING & SAFETY 9,249,995 00 470, 91.19 2,486.44 8,77 ,21 .37 POLICE: POLICE SERVICES 12,175.556.00 40,97511 5,87414 12,128,706.75 TOTAL PUBLIC SAFETY COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT -ADMIN 1,114,04200 60,409.47 0.00 1,053,632.53 CURRENT PLANNING 746,78600 5599655 000 690.78945 TOTAL COMMUNITY DEVELOPMENT 1,850,528.00 11 ,4 .0 0 uu l,fq4,qzl.vu PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 762,94300 37,68250 000 725,26050 DEVELOPMENT & TRAFFIC 1,158,66800 89,59802 000 1,069,069.98 MAINT/OPERATIONS- STREETS 3,303,803.00 307,441.28 000 2,996,361.72 MAINT/OPERATIONS- LTG/LANDSCAPING 2,158,22100 116,258.81 0.00 2,041,96219 MAINT/OPERATIONS- TRAFFIC 554,479.00 34,839.01 148,283.02 371,35697 CONSTRUCTION MANAGEMENT 837,477.00 497,357.79 0.00 340,119.21 TOTAL PUBLIC WORKS B,775,591.00 1,083,177.41 148,283.02 7,544,130 TRANSFERS OUT 1,423,167.00 2,00000 0.00 1,421,167.00 GENERAL FUND REIMBURSEMENTS (5,819,528.00) (381.348 39) 000 (5,438,179.61) NET GENERAL FUND EXPENDITURES 40.324,08100 3,409,74927 162,87360 36,751,458A3 152 14 CITY OF LA OUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside 2.628,600.00 000 2,628,60000 0,000% Contrbutions 0.00 0.00 000 0000% Interest 0.00 0.00 000 0000% TOTAL LIBRARY 2,628,60000 0.00 2,626.600.00 0000% GAS TAX REVENUE: Section 2105 197,40000 0.00 197,400.00 0.000% Section 2106 131,30000 000 131,300.00 0000% Section 2107 262,100.00 0.00 262,100.00 0.000% Secbon 2107.5 0.00 0.00 0.00 0000% Traffic Congestion Relief 392,000.00 0.00 392,000.00 0000% Interest 7,800.00 0.00 7,600.00 0.000% TOTAL GAS TAX 990,400.00 000 990,400 00 0000% FEDERAL ASSISTANCE REVENUE: CDBG Grant 190,05500 13,02300 177,032.00 6.850% Interest 000 000 0.00 0.000 TOTAL FEDERAL ASSISTANCE 190,05500 13,023.00 177,032.00 6.850% JAG GRANT Grant Revenue 0.00 0.00 000 0 000 % Interest 0.00 0.00 000 0 000 % TOTAL JAG GRANT 0.00 0.00 0.00 0000% SLESF(COPS)REVENUE: SLESF(Cops) Funding 100,00000 3,253.00 96,747 DO 3250% Interest 50000 000 50000 0.000% TOTAL SLESF(COPS) 100,50000 3,25300 97,247.00 3.240% INDIAN GAMING Grant revenue 150,6D0.00 000 150,600.00 0.000% Interest 0.00 000 000 0000% TOTAL INDIAN GAMING 150,600.00 000 150,60000 0000% LIGHTING & LANDSCAPING REVENUE: Assessment 927,900.00 0.00 927,90000 0000% Developer 000 000 000 0.000 % Interest 000 0.00 0.00 0.000% TOTAL LIGHTING B LANDSCAPING 927,90000 0.00 927,900.00 0.000% RCTC RCTC Funding 1,997,700.00 0.00 1,997,700.00 0.000% Transfer in 0.00 0.00 coo 0000% TOTAL RCTC DEVELOPMENT AGREEMENT FUND Mitigation Measures 000 0.00 0.00 0.000% Interest 000 000 000 0000% Transfer in 000 000 000 0000% TOTAL DEV AGREEMENT 0.00 0.00 000 0000% CRIME VIOLENT TASK FORCE Member Contributions - Carryover 49,90000 24,96000 24,940.00 50.020% Grant revenue -JAIB 25.600 DO 9,33713 16,262A7 36.470% CLET Line 3,100.00 0.D0 3,100.00 0.000% Interest 5,000.00 0.00 5,000.00 00DD% TOTAL CRIME VIOLENT TASK FORCE 83,600.00 34,297.13 49,302.87 41.030% AS 939 REVENUE: AS 939 Fees 100,900 00 000 100,900 00 0 000% [Merest 40,20000 000 4020000 0000% TOTAL OUIMBY OUIMBY REVENUE: Quimby Fees 950,00000 000 950,00000 0.000% Donations 000 0.00 0.00 0.000% Interest 79600 DO 0.00 79600.00 OA00% TOTAL OUIMBV INFRASTRUCTURE REVENUE: Utility refund 000 0.00 000 0000% Interest 0.00 0.00 0.00 0.000% Transfer In 0DD 0.00 000 0000% TOTAL INFRASTRUCTURE 00) 0.00 000 0000% PROPOSITION 18 Prop 1B Grant 557,17100 000 557,17100 0000% Interest 000 000 000 0000% TOTAL PROPOSITION i B 153 15 CITY OF LA OUINTA REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED SOUTH COAST AIR QUALITY REVENUE: S.C.AQ Contribution 48,900.00 0.00 48,900.00 0.000% MSRC Funding 0.00 0.00 0.00 0.000% Street Sweeping Grant 000 0.00 0.00 0.000% Interest 7,300 DO 0.00 7,30000 0000% TOTAL SCAQ 56,200.00 0.00 56,200 00 0000% TRANSPORTATION Developer fees 1,015,100.00 475,511.19 539,588.81 46.840% Interest 19,300 00 0.00 19,300 00 0000% Transfer in 0.00 0.00 0.00 0.000% TOTAL TRANSPORTATION 1,034,400.00 475,51119 558,88881 45970% PARKS & RECREATION Developerfees 356,800.00 30,328.00 326,472.00 8,500% Interest 000 000 000 0000% Transfer in 000 000 0.00 0000% TOTAL PARKS & RECREATION 356,800.00 30,328.00 326,472.00 8.500% CIVIC CENTER Developer fees 424,20D.00 52,96727 371,232.73 12490% Interest 0.00 0.00 0.00 0,000% Transferin 0.00 0.00 000 0000% TOTAL CIVIC CENTER 424,200.00 52,96727 371,23273 12490% LIBRARY DEVELOPMENT Developerfees 142,00000 12,07000 129,930 D0 8.500% Interest 000 000 0.00 0.000% Transfer in 000 0.00 0.00 0.000% TOTAL LIBRARY DEVELOPMENT 142,000.00 12,070.00 129,930.00 8,500% COMMUNITY CENTER Developerfees 29,600 DO 2,516 DO 27,08400 8500% Interest 39,80000 0.00 39,80000 0000% TOTAL COMMUNITY CENTER 69,40000 2,516.00 66,88400 3630% STREET FACILITY Developerfees 35,30000 16,60526 18.69474 47040% Interest 30000 0.00 300.00 0 000 % Transfer In 0.00 0.00 000 0 000 % TOTAL STREET FACILITY 35,600.00 16,605.26 18,99474 46640% PARK FACILITY Developerfees 8,80000 748.00 8,052.00 8.500% Interest 2,00000 0DO 2,000.00 0.000% TOTAL PARK FACILITY 10.800 DO 748A0 10,052.00 6.930% FIRE PROTECTION FACILITY Developer fees 59,600.00 7.510.06 52,089.94 12600% Interest 0.00 0.00 0.00 0000% TOTAL FIRE PROTECTION FACILITY 59,600.00 7,510.06 52,08994 12600% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97,500.00 61,15283 36,34717 62720% Arts in Public Places Credits Applied 0.00 000 0.00 0.000% Interest 5200.00 0.00 5,20000 0000% TOTAL ARTS IN PUBLIC PLACES 102,700.00 61,152.83 41,54717 59 550% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 (129,091.96) 129,091 96 0000% Transfer In 0.00 0.00 000 0 000 % TOTAL INTEREST ALLOCATION 0.00 (129,09196) 129.09196 0000% 154 if-j CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio DSUSD IID RCTC Vista Dunes Housing LLP SB821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE 167,75200 0.00 167,752.00 0.000% 0.00 000 0.00 0.000 % 0.00 0.00 000 0 000 % 10,047,212.00 000 10,047,21200 0000% 0.00 0.00 000 0.000% 000 0.00 000 0,000% 520,486.00 0.00 520,486.00 0000% 000 0.00 000 0.000% 305,78300 000 305,783.00 0.000% 000 000 0.00 0.000% (31,49000) 000 (31,490.00) 0.000% 0.00 0.00 000 0 000 % 3.881,643.00 000 3.881,643.00 0000% 000 000 000 0.000% 102,822 607 00 75,544114 102,747,062 16 0 070% 117,713,99300 75,544.84 117,638,448.16 0.070% EQUIPMENT REPLACEMENT FUND: Eg0ipment Charges 716,881.00 716,881.D0 0.00 100.000% Capital Contribution 0.00 0.00 000 0.000% Sale of Fixed Asset 0.00 0.00 000 0,000% Insurance Recovenes 0.00 000 000 0 000 % Interest 90,30000 0.00 90,300.00 0.000% Transfers In 000 0.00 000 0.000% TOTAL EQUIPMENT REPLACEMENT 807,181 DO 716,88100 90,30000 88810% INFORMATION TECHNOLOGY FUND: Charges for services 494,201.00 494,201.00 0.00 100000% Capital Contribution 0.00 O.OD 0.00 0,000% Sale of Fixed Asset 0.00 000 000 0.000% Interest 35,OOD.00 0.00 35,000.00 0.D00% Transfers In 0.00 000 0.00 0.000% TOTAL INFORMATION TECHNOLOGY 529,201 00 494,201.00 35,000.00 93.390% PARK EQUIPMENT & FACILITY Charges for services Interest Capital Conthbulions TOTAL PARK EQUIPMENT & FAC SILVERROCK GOLF Green fees Range fees Resident Card Bob Hope Chrysler Classic Merchandise Food & Beverage Allocated Interest Income Transient In TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE Irerest Transfers In TOTAL SILVERROCK GOLF LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LO PUBLIC SAFETY 413,394 00 413,394 00 000 100000% 34,30000 000 34,3DO.00 0ODD% 0.00 0 DO 0.00 0000% 447.694.00 413,39000 34,30000 92340% 3,255,759.00 69,82828 3,165,93072 2.760% 113,21700 3,40900 109,808.130 3.010% 15.000 DO 915.00 14,085.00 6.100% 0.00 0.00 000 0 000 % 375,950.00 10,124 09 365.825 91 2.690% 000 4,48504 (4,485 04) 0000% 000 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 3,759,926.00 108,761.41 3,651,16459 2,890% 4,30000 0.00 4,30000 0000% 74,899 00 0.00 74,899.00 0000% 79,199 00 000 79.199 00 0.000% 2.000.00 2,000.00 0.00 100000% 5DO.00 0.00 500.00 0000% 2,500.00 2,DDD.00 50000 80.000% 155 17 CITY OF LA QUINTA 07/01/2008 - 07/31/2008 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND INTEREST ADVANCE 15.000 00 000 000 15,000 00 REIMBURSE GENERAL FUND 1,646,38600 115,000.00 000 1,531,38600 TRANSFER OUT 0.00 000 0.00 TOTAL LIBRARY FUND GAS TAX REIMBURSE GENERAL FUND 643,014 00 53,584 50 0.00 589,429 50 TRANSFER OUT 424,39300 000 000 424,39300 TOTAL GAS TAX FUND FEDERAL ASSISTANCE FUND: 186,110 00 186,110 00 TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND JAG GRANT TRANSFER OUT TOTAL JAG GRANT 000 000 000 0.00 SLESF(COPS) TRANSFER OUT TOTAL SLESF(COPS) FUND 100.40000 000 000 100,400.00 INDIAN GAMING FUND TRANSFER OUT 150,600.00 0.00 0.00 15060000 TOTAL INDIAN GAMING FUND LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 927.90000 77,324.89 000 850,575.11 TRANSFER OUT 0.00 000 000 000 TOTAL LTG/LANDSCAPING FUND RCTC TRANSFER OUT 3 744 877 00 0.00 000 3,744,877.00 TOTAL RCTC DEVELOPMENT AGREEMENT FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL DEV AGREEMENT FUND CRIME VIOLENT TASK FORCE OPERATING EXPENSES 57, 10000 4,29776 000 52,802.24 TRANSFER OUT 000 0.00 000 0.00 TOTAL CRIME VIOLENT TASK FORCE AB 939 OPERATING EXPENSES TRANSFER OUT QUIMBY FUND: FEASIBILITY STUDY TRANSFER OUT INFRASTRUCTURE FUND CONSTRUCTION REIMBURSE GENERAL FUND TRANSFER OUT PROPOSITION 1 B TRANSFER OUT SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES TRANSFER OUT TRANSPORTATION PROGRAM COSTS CONTRIBUTION TRANSFER OUT PARKS & RECREATION INTEREST ON ADVANCE TRANSFER OUT CIVIC CENTER INTEREST ON ADVANCE REIMBURSE GENERAL FUND TRANSFER OUT LIBRARY DEVELOPMENT PROGRAM COSTS INTEREST ON ADVANCE TRANSFER OUT 000 0.00 000 000 000 0.00 000 000 TOTAL AB 939 35,000.00 0.00 000 35,000.00 8,995,131.00 0.00 0.00 8,995,131.00 TOTAL QUIMBY 000 0.00 0.00 000 TOTAL TOTAL PROPOSITION 1 B FUND 1,164,996 00 0.00 000 1,164,996.00 26,600 TOTAL SOUTH COAST AIR 00 0.00 000 0.00 000 0.00 000 000 000 8 284 991 00 18,309.17 0 00 8 266 881 83 TOTAL TRANSPORTATIONG!S 37,500.00 0.00 0.00 37,500.00 000 0.00 0.00 0.00 TOTAL PARKS & RECREATION 37,500.00 000 000 37,500.00 231,250.00 000 000 231,250.00 2D2,764.00 16,897.00 000 185.86700 0.00 0.00 000 000 TOTAL CIVIC CENTER TOTAL LIBRARY 0.00 000 0.00 0.00 48,750.00 000 000 48,750 00 156 18 CITY OF LA QUINTA 07/01/2008 - 07/31/2008 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER PROGRAM COSTS 000 000 000 000 TRANSFER OUT 000 000 000 000 TOTAL COMMUNITY CENTER STREET FACILITY PROGRAM COSTS 000 000 000 0.00 TRANSFER OUT 2,484563.00 0.00 0.00 2484,563.00 TOTAL STREET FACILITY PARK FACILITY PROGRAM COSTS 000 000 000 0.00 TRANSFER OUT 0.00 0.00 0.00 000 TOTAL PARK FACILITY FIRE PROTECTION INTEREST ON ADVANCE 23,125.00 000 000 23,125.00 TRANSFER OUT 1,400,000.00 000 000 1,400,000.OR TOTAL FIRE PROTECTION DIF ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 30,000 00 000 000 30,000.00 OPERATING EXPENSES-APP 6,200.00 0.00 0.00 6,200 00 ART PURCHASES 260,000 00 000 000 260,000 00 TRANSFER OUT 400 000 00 000 100 400:0010 00 TOTAL ART IN PUBLIC PLACESGgS CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 116,737,028.00 75,544 64 0.00 116,661,483.16 PROJECT REIMBURSEMENTS TO GEN FUND 976,965.00 000 0.00 976,965.00 TRANSFER OUT 0.00 0.00 000 TOTAL CAPITAL IMPROVEMENT .. EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 878.646 00 2,66507 000 875,980.93 TRANSFER OUT 0.00 0.00 0.00 000 TOTAL EQUIPMENT REPLACEMENT FUND INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 494,20400 66,68583 010 4275118117 TOTAL INFORMATION TECHNOLOGY FUND 494,204.00 Goo PARK MAINTENANCE FACILITY OPERATING EXPENSES 87,565 00 000 000 87,565.00 TRANSFER OUT 000 000 000 000 TOTAL PARK MAINTENANCE FAG SILVERROCK GOLF OPERATING EXPENSES 4,444,672.00 18,947.83 000 4,425,724.17 TRANSFER OUT 74,899 00 000 0.00 74,899 00 TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE TRANSFER OUT 0.00 0.00 0.00 000 TOTAL SILVERROCK GOLF RESERVE LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 157 19 COUNCIL/RDA MEETING DATE: September 16, 2008 ITEM TITLE: Approval of the First Amendment to the Agreement with Riverside County for Law Enforcement Services, Adding Staff RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 'V STUDY SESSION: PUBLIC HEARING: Approve an Amendment to the Agreement for Law Enforcement Services between the County of Riverside and City of La Quinta, adding staff. FISCAL IMPLICATIONS: Funds in the amount of $12,175,556 were allocated in the 2008/2009 budget for Law Enforcement Services. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On September 18, 2007, the City approved the Agreement for Law Enforcement Services with the County of Riverside. The first amendment to the agreement (Attachment 1) formalizes the addition of a Sheriff Lieutenant position and one Community Service Officer II position, and adds 20 hours to Patrol services. Funding was approved in the 2008/2009 budget. 1 159 Attachment 1 FIRST AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN COUNTY OF RIVERSIDE AND CITY OF LA QUINTA IT IS MUTUALLY AGREED that the Agreement for Law Enforcement Services between the County of Riverside, a political subdivision of the State of California, on behalf of the Riverside County Sheriff's Department, and the City of La Quinta, a Charter City, approved by the Board of Supervisors on November 20, 2007, for services effective July 1, 2007 through June 30, 2012, is hereby amended in the following respects only: 1. Attachment A is amended to read as follows: ATTACHMENT A CITY OF LA QUINTA LEVEL OF SERVICE Average Patrol Services 150 supported hours per day. (Equivalent of 30.7 Deputy Sheriff positions @ 1,780 annual productive hours per position.) Non -dedicated Positions Seven (7) Deputy Sheriff (fully supported) positions - Target Team Dedicated Positions One (1) Sheriff's Lieutenant position Two (2) Sheriff's Sergeant positions Five (5) Deputy Sheriff (fully supported) positions - Motor Officers One (1) Deputy Sheriff (unsupported) position — Violent Crime Gang Task Force One (1) Deputy Sheriff (unsupported) position — Coachella Valley Narcotics Task Force Five (5) Community Service Officer II positions �... 159 IN WITNESS WHEREOF, the City of La Quinta, by minute order or resolution duly adopted by its City Council, has caused this Amendment to Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be signed by the Chairman of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below. Dated: ATTEST: Name Title By: Dated: ATTEST: Nancy Romero Clerk of the Board By: Deputy FOR PP D COUNTY COUN L BY: S THIA M GUNZEI DATE CITY OF LA QUINTA Mayor Don Adolph COUNTY OF RIVERSIDE 0 Chairman, Board of Supervisors ..,. 160 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an Amendment to the Agreement for Law Enforcement Services between the County of Riverside and City of La Quinta, adding one Dedicated position Lieutenant, one Community Services Officer II position; and 20 hours of patrol services; or 2. Do not approve the amendment; 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 Attachment: 1. First Amendment to Agreement 161 Titw 4 4Q" COUNCIL/RDA MEETING DATE: September 16, 2008 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 30357, Mountain View Country Club, Toll Brothers, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR:y STUDY SESSION: PUBLIC HEARING: Accept on -site improvements associated with Tract Map No. 30357, Mountain View Country Club, Toll Brothers, Inc. and authorize staff to release performance security. Direct staff to release labor and materials security ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 30357, Mountain View Country Club, Toll Brothers, Inc., is located east of Jefferson Street, south of Avenue 50, and north of Avenue 52 (Attachment 1). The improvements include curb and gutter, sidewalk, curb ramps, storm drain, catch basins, landscaping, signing, striping, and asphalt concrete pavement. All obligations of the Subdivision Improvement Agreement for the on -site improvements and the Conditions of Approval have been satisfied. Attachment 2 indicates the amount of warranty security. .... 163 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Accept the on -site improvements associated with Tract Map No. 30357, Mountain View Country Club, Toll Brothers, Inc. and authorize staff to release performance security. Direct staff to release labor and materials security ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the on -site improvements associated with Tract Map No. 30357, Mountain View Country Club, Toll Brothers, Inc. and do not authorize staff to release performance security. Do not direct staff to release labor and materials security ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, T' othy on n, P.E. ublic Works Di ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security Exhibit 161 ATTACHMENT 1 TM 30357 MOUNTAIN VIEW COUNTRY CLUB 32 33 xevwer. emu. AVENUE m S ,I �41av va m vY YPv ' uPma um • _a r I la-slml«s.s —I�I al I ._ III vv vYurx`u y IL — a I I I aaY ICI Y • I a l"'wl I rr P a al s I n p p a I 1- •" • m 4 r usm[r �� I I I m I 4""• °� I II sen xo Ili in aa* �— — -� • I G i T III IIN i i u Y iP I m u�u•a "al a n z' D —J � uIL aamm� _ « umuu inul m �' « � I uu•a I • ./ msxm w. p Ire m n xs n a Z _ _ J j it w T.I _ — sx¢cr 71 � —T.— T I / I It I s§ J, sncn xo v � / r— m � or' I i S J#4 i�• pYpw / I AVENUE 52 VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: September 16, 2008 ITEM TITLE: Acceptance of On -site Improvements Associated with Tract Map No. 30357, Mountain View Country Club, Toll Brothers, Inc. APPLICANT: Mr. Terry Hodge, Toll Brothers, Inc. •• 164 ATTACHMENT 2 WARRANTY SECURITY Tract Map No. 30357 Development Name: Mountain View Country Club ON -SITE IMPROVEMENTS Performance Security' Improvement Description Labor & Materials Original Amount Proposed Reduction WARRANTY AMOUNT Grading $2,106,000 $1,053,000 90% $105,300 On -Site Street Improvements $1,204,226 $1,204,226 90% $120,423 Domestic Water $1,456,860 $1,456,860 90% $145,686 Sanitary Sewer $983,375 $983,375 90% $98,338 Storm Drain $1,332,501 $1,332,501 90% $133,250 Dry Utilities $445,000 $445,000 90% $44,500 CVWD Well Site & Gate $106,261 $106,261 90% $10,626 Irrigation Lateral 1208-0.41-1.25 Replacement $66,485 $66,485 90% $6,649 Monumentation $0 $57,980 100% $0 Professional Fees Design & Construction 15% -- $1,005,853 100% $0 Contingency(20%) $1,542,308 100% $0 Totals $7,700,708 $9,253,849 $664 777 ' Performance Security shall be released immediately upon City Council acceptance 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. 3 WARRANTY SECURITY (10% of Original Performance Security) shall be received by the City prior to being placed on the agenda for City Council. 165 T'dy 4 64P QUM& COUNCIL/RDA MEETING DATE: September 16, 2008 ITEM TITLE: Acceptance of On -Site and Off -Site Improvements Associated with Tract Map No. 29894-2, Hideaway, NRI - CCP I, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept on -site and off -site improvements associated with Tract Map No. 29894-2, Hideaway, NRI - CCP I, LLC and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: Acceptance of the off -site improvements will impact the General Fund las follows: Median landscaping and catch basin maintenance is estimated t annually, which will be incorporated into the Landscape and Lighl Budget. Street sweeping costs for these new roadways ar Coachella Valley Association of Governments (CVAG) Arterial Sti Program. CHARTER CITY IMPLICATIONS: •[m BACKGROUND AND OVERVIEW: Tract Map No. 29894-2, Hideaway, NRI - CCP I, LLC, is located south and north of Avenue 54 between Jefferson Street and Madison Street (A The improvements include curb and gutter, sidewalk, curb ramps, storr basins, landscaping, signing, striping, and asphalt concrete pavement. of the Subdivision Improvement Agreement (SIA) have been satisfied. indicates the amount of the warranty security. be $31,560 rig Operating included in !et Sweeping )f Avenue 52 tachment 1). i drain, catch JI obligations attachment 2 161 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Accept the on -site and off -site improvements associated with Tract Map No. 29894-2, Hideaway, NRI - CCP I, LLC and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the on -site and off -site improvements associated with Tract Map No. 29894-2, Hideaway, NRI - CCP I, LLC and do not authorize staff to release performance securities. Do not direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, &_W Tim by R.Jonasson, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security Exhibit 161 ATTACHMENT 1 TM 29894-2 HIDEAWAY AVE 52 lllmj�mNl SITE V I C I N I NOT TO SCALE AVE 50 AVE 53 W1 AVE 54 ►ITI:' 9 CITY COUNCIL MEETING: September 16, 2008 tz Cn z M ITEM TITLE: Acceptance of On -Site and Off -Site Improvements Associated with Tract Map No. 29894-2, Hideaway APPLICANT: Mr. Scott Birdwell, ND La Quinta Partners, LLC 168 ATTACHMENT 2 WARRANTY SECURITY TM 29894-2 Development Name: The Hideaway IMPROVEMENTS Performance Security' Improvement Descrition Labor & MateriaIS2 Original Amount Proposed Reduction WARRANTY AMOUNTS Gradin On Site $590000 $590000 90% $59000 Street Improvements On -Site $2,169,524 $2 169 524 90% $216 952 Storm Draina a On -Site $258 800 $258,800 90% $25 000 Domestic Water On -Site $1,535150 $1535150 90% $153515 Sanitary Sewer On -Site $930,075 $930,075 90% $93,008 Dry Utility/Electrical (On -Site) $355,834 $355,834 90% $35,583 Street Improvements (Off -Site) $818,105 $818,105 90% $81,811 Traffic Signals $0 $225,000 100% $0 Off -Site Jefferson St. (Participatory) $0 $155,000 100% $0 Steet Dry Utilities (Off-Site)$543,616 $543,616 90% $54,362 Domestic Water(Off Site) $986,300 $986,300 90% $98,630 Perimeter Wall (Off -Site) $802,200 $802,200 90% $80,220 Perimeter Landscape (Off -Site) $323,856 $323,856 90% $32,386 Monumentation $0 $50,000 100% $0 Engineering &Plans 20%ofConstruction) $0 $1,948,692 100% $0 No -Plans Contingency (25% of Project) $0 $2,923,038 100% $0 Totals $9,313,460 $14,615,190 — $930,466 ' Performance Security shall be released immediately upon City Council acceptance 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. S WARRANTY SECURITY shall be received by the City prior to being placed on the agenda for City Council. 169 Tay/ 4 4 ag"o COUNCIL/RDA MEETING DATE: September 16, 2008 ITEM TITLE: Acceptance of Off -Site Improvements Associated with Tract Map No. 29894-3, Hideaway, NRI - CCP I, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 7 STUDY SESSION: PUBLIC HEARING: Accept off -site improvements associated with Tract Map No. 29894-3, Hideaway, NRI - CCP I, LLC and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: Acceptance of the off -site improvements will impact the General Fund as follows: Catch basin maintenance is estimated to be $3,500 annually, which will be incorporated into the Landscape and Lighting Operating Budget. Street sweeping for the additional curb and gutter is included in the City's operating budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 29894-3, Hideaway, NRI - CCP I, LLC, is located south of Avenue 52 and north of Avenue 54 between Jefferson Street and Madison Street (Attachment 1). The improvements are on the west side of Madison Street between Avenue 52 and Avenue 54, which include curb and gutter, sidewalk, curb ramps, storm drain, catch basins, perimeter landscaping, signing, striping, and asphalt concrete pavement. All obligations of the improvements have warranty security. Subdivision Improvement Agreement (SIA) for the off -site been satisfied. Attachment 2 indicates the amount of the FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the off -site improvements associated with Tract Map No. 29894- 3, Hideaway, NRI - CCP I, LLC and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the off -site improvements associated with Tract Map No. 29894-3, Hideaway, NRI - CCP I, LLC and do not authorize staff to release performance securities. Do not direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, j4v;4r'j od�iW Tim thy R. Jonasso , P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Warranty Security Exhibit �• 171 ATTACHMENT 1 TM 29894-3 HIDEAWAY ETISIN N W N t— N AVE 52 VIcl AVE 53 AVE 54 �1 c NOT TO SCALE AVE MAP CITY COUNCIL MEETING: September 16, 2008 ITEM TITLE: Acceptance of Off -Site Improvements Associated with Tract Map No. 29894-3, Hideaway APPLICANT: Mr. Scott Birdwell, ND La Quinta Partners, LLC 172 ATTACHMENT 2 WARRANTY SECURITY TM 29894-3 Development Name: The Hideaway OFF -SITE IMPROVEMENTS Performance Security' Improvement Description Labor & Materials2 Original Amount Proposed Reduction WARRANTY AMOUNTS Taff Madison from Ave 52 to Ave 54 Street Improvements $484,438 $484,438 90% $48,444 Sidewalk (6FT) $130,412 $130,412 90% $13,041 Perimeter Landscaping $97,550 $97,550 90% $9,755 Drainage Improvements $27,380 $27,380 90% $2,738 Standard 10% Contingency $73,980 $73,980 100% $0 Professional Fees, Design 10% $81,380 $81,380 100% $0 Professional Fees, Construction 10% $81,380 $81,380 100% $0 No Plans Contingency 25% $203,440 $203,440 100°/u $0 Totals $1,179,960 $1,179,960 — $73,978 ' Performance Security shall be released immediately upon City Council acceptance 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. S WARRANTY SECURITY shall be received by the City prior to being placed on the agenda for City Council. �... 173 COUNCIL/RDA MEETING DATE: September 16, 2008 ITEM TITLE: Approval of a Request for Proposal to Obtain Professional Engineering Services to Prepare the Plans, Specifications and Engineer's Estimate of Probable Construction Costs for the New Traffic Signal at Desert Club Drive and Avenue 52, Project Number 2008-02 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) for the New Traffic Signal at Desert Club Drive and Avenue 52, Project Number 2008-02. FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources: County Fire Credit Fund Total Funding Available: The following is the anticipated project budget: Professional Design: Inspection/Testing/Survey: Construction: Administration: Total: $430,000 $430,000 $10,750 $43,000 $33,325 $321,425 $21,500 $430,000 As illustrated, adequate funding is available to support staff's recommendation. Since the County holds the Fire Tax Credit Funds, the City General Fund will initially incur the costs and staff will request reimbursement. »_-: 173 CHARTER CITY IMPLICATIONS: The project is funded with County Fire Credit Funds. As such, the project will be bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The proposed improvement will add a new traffic signal at the intersection of Desert Club Drive and Avenue 52. The scope of services includes the preparation of the necessary traffic signal warrant analysis, and the PS&E. On April 15, 2008, the City Council adopted Resolution 2008-023 approving the Fiscal Year 2008/2009 through 2012/2013 Capital Improvement Program (CIP). The New Traffic Signal at Desert Club and Avenue 52 is included within the adopted CIP and scheduled for funding during Fiscal Years 2008/2009. The RFP to obtain professional engineering services to prepare the PS&E has been prepared and is ready for distribution to qualified consultants. The RFP is attached for the City's Council's review as Attachment 1. Contingent upon City Council authorization to distribute the RFP on September 16, 2008, the following is how the project is expected to proceed: Issue RFP Proposal Due Date Recommendations to City Council Project Design (3 months) FINDINGS AND ALTERNATIVES: September 17, 2008 October 20, 2008 November 4, 2008 December 2008 - February 2008 The alternatives available to the City Council include: 1. Authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) for the New Traffic Signal at Desert Club Drive and Avenue 52, Project 2008-02; or 2. Do not authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) for New Traffic Signal at Desert Club Drive and Avenue 52, Project 2008-02; or ....°, 175 3. Provide staff with alternative direction. Respectfully submitted, jothy R. J sso .E. Public Works irec /City Engineer Approved for submission by: t� Thomas P. Genovese, City Manager Attachment: 1. Request for Proposal (RFP) �...,. 176 ATTACHMENT 1 OF''�4" CITY OF LA QUINTA REQUEST FOR PROPOSAL PROFESSIONAL ENGINEERING AND DESIGN SERVICES NEW TRAFFIC SIGNAL DESERT CLUB DRIVE AT AVENUE 52 The City of La Quinta ("City") requests proposals from qualified professional engineering consultants to prepare plans, specifications, and estimates (PS&E) for a new Traffic Signal at the intersection of Desert Club Drive and Avenue 52. The design consultant will be responsible for preparing a signal warrant analysis. If the signal is determined to be warranted, the design consultant will be responsible for preparing the project plans, providing an itemized engineer's estimate, bid schedule, bid item descriptions, payment methods, and technical provisions. Samples of these specification documents are available for review within the City Public Works/Engineering Department. The City will prepare remainder of the project bid documents. Services Requested Services and products to be rendered in performing all work associated with project development may include, but may not be limited to: • Perform appropriate engineering study and prepare signal warrant analysis. • Perform appropriate engineering related field survey, and prepare the base map. (The base map will include all utilities and potential obstructions.) • Perform utility coordination, identify points of connections, and obtain clearances. • Prepare project plans, specifications and engineer's estimates of probable construction costs. Paae 1 of 5 • Plans will likely include Title Sheet, Traffic Signal Plan, Signing and Striping Plan, and necessary construction details. • Project Specifications and Bid Documents will likely include the detailed project description, preparation of bid schedule, bid item descriptions, payment methods, special provisions, technical specifications, and any specification detail sheets or standard plans. Project coordination will include an appropriate number of meetings with City staff. The consultant may be required to attend a City Council meeting. The design consultant will be expected to attend the pre -bid meeting and will respond to contractor requests for clarification during the bid process. The design consultant will also be required to respond to requests for information (RFI) and provide clarification of questions relating to its plans during the construction phase. Project Development Process Pre -Design Meeting Initial meeting between the consultant and City staff to clarify project design objectives. 2. Agency Approval A. Consultant will submit PS&E and/or other necessary documents to City to obtain approval. At a minimum, the consultant should plan for the following plan check submittals: (1) 1 st Review - Concept Review (2) 2nd Review - 85-90% Check Plans & Specs (3) 3rd Review - 100% Check Plans, Specs, & Engineer's Estimate (4) 4th Review - Preliminary Final (screen check) B. Staff approved PS&E will be submitted to the City Council for approval. C. • All approved plans will be provided to the City on compact disk in AutoCAD 2000 or higher format, as well as on "D" size Mylar. Specification documents, including technical specifications, will be provided on digital medium disks in Microsoft Word for Windows format. The Engineer's estimate will be provided in Excel for Windows format. 178 Paae 2 of 5 3. Bidding Phase The consultant will be expected to provide assistance in preparing the necessary documents and coordinate advertisement of the project for bid. Technical support during the bidding and award process will also be required. 4. Construction Phase The consultant will provide assistance during the construction phase. This assistance will include responding to RFI's and responding to contractor requests for clarification. 5. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. Proposal packages are to be submitted to the City on/or before October 20, 2008 at/or before 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Nick Nickerson, Project Manager City of La Quinta Public Works/Engineering Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: Work Proposal (envelope 1) - submit 4 copies A. Cover Letter (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. B. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and individual resumes for prime and sub -consultants. 179 Paae 3 of 5 (2) Consultant's and sub -consultant experience with similar work, including names and current phone numbers of reference for listed projects. C. Project Understanding and Approach A description of your project understanding, and how you will approach the project. D. Scope of Work Program A description of the tasks, sub -tasks, and deliverables that will be provided. E. Project Schedule Time is of the essence. A comprehensive design schedule is to be submitted describing the nature and scheduling of proposed tasks and reflecting November 17, 2008 as the start date. 2. Cost Proposal (envelope 2) - submit 1 copy The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each task and/or sub - task defined. Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may or may not choose to interview two or more closely -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. The City will open contract negotiations with the top -ranked firm. The successful consultant will be expected to enter into the Professional Services Agreement presented as Attachment 1. 180 Paoe 4 of 5 CITY OF LA QUINTA REQUEST FOR PROPOSAL PROFESSIONAL ENGINEERING AND DESIGN SERVICES NEW TRAFFIC SIGNAL DESERT CLUB DRIVE AT AVENUE 52 The following is a summary of costs to provide the services outlined in the Request for Proposals for professional engineering consultants to prepare the PS&E for the Traffic Signal Improvement at the intersection of Desert Club Drive and Avenue 52 and will be used as the basis for negotiating a Professional Services Agreement: Work Objectives Proposed Cost 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. TOTAL LUMP SUM FIXED FEE: $ Consultant may include, as many, or as few, work objectives it believes are necessary to complete the project. Attached herein is a detailed man-hour and fee breakdown for the tasks and sub -tasks defined in our proposal. Prime Consultant Date Signed Paoe 5 of 5 1a1 Last Revised 1-19-07 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to , Project No. , as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the ""services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses Permits Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Dollars ($ ) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the 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, 183 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 Contractor 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 200 and terminate on 1 200_linitial term). This agreement may be extended for additional year(s) upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 184 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or 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. 185 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 N... 186 additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, 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 187 agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. -.. 188 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. 189 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 190 by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking 191 any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 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 192 City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 193 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 145) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 194 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. �. 195 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: To Consultant: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 -. ; 196 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. 197 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: Veronica J. Montecino, CIVIC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: By: _ Name: Title: 198 Date: 199 Last Revised 1-19-07 Exhibit A Scope of Services 200 Last Revised 1-19-07 Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed ($ 1 except as specified in Section 1.6 - Additional Services of the Agreement. 201 Last Revised 1-19-07 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. 202 Last Revised 1-19-07 Exhibit D Special Requirements 203 CeitVl 4 X4P QU4qrC4J COUNCIL/RDA MEETING DATE: September 16, 2008 ITEM TITLE: Approval of a Request for Proposal to Obtain Professional Engineering Services to Prepare the Plans, Specifications and Engineer's Estimate of Probable Construction Costs for Laguna de La Paz Sound Attenuation Wall Improvements, Project Number 2008-01 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: VIA Authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) for the Laguna de La Paz Sound Attenuation Wall Improvements, Project Number 2008-01, and appoint a consultant selection committee. FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources: Transportation DIF Total Funding Available: The following is the anticipated project budget: Design: Inspection/Testing/Survey: Construction: Administration: Contingency: Total: $1,262,470 $1,262,470 $92,000 $89,700 $920,000 $46,000 $1 14,770 $1,262,470 As illustrated, adequate funding is available to support staff's recommendation. 204 CHARTER CITY IMPLICATIONS: The project is 100% funded with local funds. As such, the project will be bid as a non -prevailing wage improvement which may result in costs savings to the City. BACKGROUND AND OVERVIEW: The proposed improvements include the installation of an eight (8) foot sound barrier on the west side of Washington Street between Eisenhower Drive and Avenue 48 adjacent to the Laguna de La Paz residential subdivision to mitigate traffic related noise from the Washington Street corridor. Several design options are being considered: the first option would remove and replace the existing wall with a new eight (8) foot wall; the second option would raise the existing wall and/or provide other treatment to meet the requirement of an eight (8) foot sound barrier relative to each individual pad elevation; and the third option would leave the existing wall in place and construct a new wall at the edge of the public right of way (approximately twelve (12) feet behind the curb). On April 15, 2008 the City Council adopted Resolution 2008-023 approving the Fiscal Year 2008/2009 through 2012/2013 Capital Improvement Program (CIP). The sound attenuation wall adjacent to Laguna de La Paz is included within the adopted CIP and scheduled for funding during Fiscal Years 2008/2009. The RFP to obtain professional engineering services to prepare the PS&E has been prepared and is ready for distribution to qualified consultants. The RFP is attached for the City's Council's review as Attachment 1. The Consultant Selection Process outlined within City Resolution No. 2005-096, adopted December 6, 2005, shall be followed. In accordance with Resolution 2005-096, the guidelines for major services will be followed as the estimated cost will exceed $50,000. City Manager will appoint a Consultant Selection Committee unless otherwise directed. Contingent upon City Council authorization to distribute the RFP on September 16, 2008, the following is how the project is expected to proceed: 1. 205 Issue RFP Proposal Due Date Recommendations to City Council Project Design (5 months) FINDINGS AND ALTERNATIVES: September 17, 2008 October 17, 2008 November 4, 2008 December 2008 — April 2008 The alternatives available to the City Council include: 1. Authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) for the Laguna de La Paz Sound Attenuation Wall Improvements, Project 2008-01 , and appoint a consultant selection committee; or 2. Do not authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) for the Laguna de La Paz Sound Attenuation Wall Improvements, Project 2008-01, and do not appoint a consultant selection committee; or 3. Provide staff with alternative direction. Respectfully submitted, Tim by R. Jonasson, P.E. Public Works Director/City Engineer Attachment Approved for submission by: /14y Z1 zzl- Ye. Bret M. Plumlee Assistant City Manager — Management Services Request for Proposal (RFP) 296 ATTACHMENT I CITY OF LA QUINTA REQUEST FOR PROPOSAL PROFESSIONAL ENGINEERING AND DESIGN SERVICES LAGUNA DE LA PAZ SOUND ATTENUATION WALL, PROJECT NO. 2008-01 The City of La Quinta requests proposals from qualified professional engineering consultants to prepare plans, specifications, and estimates (PS&E), and contract bid documents for Laguna de La Paz Sound Attenuation Wall, Project 2008-01 . Project Description: The proposed improvements include the installation of an eight (8) foot sound barrier on the west side of Washington Street between Eisenhower Drive and Avenue 48 adjacent to the Laguna de La Paz residential subdivision to mitigate traffic related noise from the Washington Street corridor. Several options are being considered by the City of La Quinta. The first option would remove and replace the existing wall with a new eight (8) foot wall; the second option would raise the existing wall and/or provide other treatment to meet the requirement of an eight 18) foot sound barrier relative to each individual pad elevation; and the third option would leave the existing wall in place and construct a new wall at the edge of the public right of way (approximately twelve (12) feet behind the curb). Services Requested Services and products to be rendered in performing all work associated with project development may include, but may not be limited to: • Perform appropriate engineering related field survey, and prepare base map; • Perform utility coordination and obtain clearances. The Consultant will be required to provide its utility coordination documentation to the City at the conclusion of design; • Perform an analysis of the Acoustical Study prepared by Alliance Acoustical Consultants, Inc. (available for review at the City's Public Works Department); • Prepare a written evaluation which analyzes each option discussed above and recommends the most cost effective sound barrier; • Prepare project plans, specifications and engineer's estimates of probable construction costs for the approved sound barrier, including landscape and irrigation plans, as appropriate for selected option. o Project -plans shall be at 40 scale. o Project Specifications and Bid Documents will likely include a detailed project description, preparation of bid schedule, bid item descriptions, payment methods, special provisions, technical specifications, geotechnical report, and any specification detail sheets specific to the project. 207 • Consultant coordination will include an appropriate number of meetings with City staff and with the Laguna de La Paz Home Owner's Association. The consultant may be required to attend a City Council meeting. The design consultant will be expected to attend the pre -bid meeting and will respond to contractor request for clarification or information during the bid process. Project Development Process 1 . Pre -Design Meeting Initial meeting between the consultant and City staff to clarify project design objectives. Agency Approval Consultant will submit PS&E and/or other necessary documents to City to obtain approval. At a minimum, the consultant should plan for the following plan check submittals: (1) 1st Review - Concept Review (2) 2nd Review - 85-90% Check Plans & Specs (3) 3rd Review - 100% Check Plans, Specs, & Engineer's Estimate (4) 4th Review - Preliminary Final (screen check) B. Staff approved PS&E will be submitted to the City Council for approval. C. All approved plans will be provided to the City on compact disk in AutoCAD 2000 or higher format, as well as on "D" size Mylar. Specification documents, including technical specifications, will be provided on digital medium disks in Microsoft Word for Windows format. The Engineer's estimate will be provided in Excel for Windows format. Bidding Phase The consultant will be expected to provide technical support during the bidding and award process. Construction Phase The consultant will be expected to provide technical support during the construction phase. This work objective will include the review and response to Requests for Information (RFI) and/or contractor questions. .. .. 208 Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. Proposal packages are to be submitted to the City on/or before Friday October 17 2008 at/or before 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Nick Nickerson, Project Manager City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: Work Proposal (envelope 1) - submit 4 copies Cover Letter (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and individual resumes for prime and sub - consultants. (2) Consultant's and sub -consultant experience with similar work, including names and current phone numbers of reference for listed projects. Project Understanding and Approach A description of your project understanding, and how you will approach the project. Scope of Work A description of the tasks, sub -tasks, and deliverables that will be provided. 209 Project Schedule A project schedule is to be submitted describing the nature and scheduling of proposed tasks and reflecting November 17, 2008 as the start date. Cost Proposal (envelope 2) - submit 2 copies The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each defined task and/or sub -task. Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may or may not choose to interview two or more closely -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. The City will open contract negotiations with the top -ranked firm. The successful consultant will be expected to enter into the attached Professional Services Agreement. 210 CITY OF LA QUINTA COST PROPOSAL SHEET LAGUNA DE LA PAZ SOUND ATTENUATION WALL PROJECT NUMBER 2008-01 The following is a summary of costs to provide the services outlined in the Request for Proposals for professional engineering consultants to prepare the PS&E for the Laguna de La Paz Sound Attenuation Wall and will be used as the basis for negotiating a Professional Services Agreement: Project Area I Total Fixed Fee Laguna de La Paz Sound Attenuation Wall TOTAL LUMP SUM FIXED FEE: I $ Attached herein is a detailed man-hour and fee breakdown for each of the protect areas by task and sub -task as defined within our proposal. Prime Consultant Date Signed 211 Last Revised 1-19-07 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to , Project No. , as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses Permits. Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work and Standard of Work. 212 a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Dollars ($) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the 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, ,o 2 , 3 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 Contractor 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 200 and terminate on 200_(initial term). This agreement may be extended for additional year(s) upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 1, 214 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or 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. 215 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 Inlury/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 216 additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability• When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 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. 219 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 220 by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking 221 any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 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 �.. 222 City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 223 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 224 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 225 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: To Consultant: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 226 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. p.. 2 7 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: By: Name: Title: 228 Date: Last Revised 1-19-07 Exhibit A Scope of Services 230 Last Revised 1-19-07 Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed ($ 1 except as specified in Section 1.6 - Additional Services of the Agreement. 231 Last Revised 1-19-07 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. 232 Last Revised 1-19-07 Exhibit D Special Requirements 233 t COUNCIL/RDA MEETING DATE: September 16, 2008 ITEM TITLE: Approval of a Ratification of Contract Change Order No. 1 for the Highway 111 Street Improvements, Project No. 2001-07A, by the City Manager, for Additional Widening to Allow Three Through Lanes of Traffic RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: -/-0 STUDY SESSION: PUBLIC HEARING: Ratify Contract Change Order No. 1 in the amount of $104,499 for the Highway 111 Street Improvements, Project No. 2001-07A for additional widening improvements to allow three through lanes of traffic. FISCAL IMPLICATIONS: The following is the approved funding, and funding sources, for the Highway 111 Street Improvement project: Transportation DIF $ 969,802 RCTC - Measure A $1,860,635 Total Funding Available: $2,830,437 Considering the low bid, in the amount of $1,899,998, the following is the anticipated project budget: Professional: $ 340,000 Inspection/Testing/Survey: $ 211,609 Construction: $1,899,998 Administration: $ 121,073 Contingency: $ 257,757 Total: $2,830,437 23� As illustrated, adequate funding is available in the contingency item to support staff's recommendation to ratify Contract Change Order Number 1 in the amount of $104,499. CHARTER CITY IMPLICATIONS: The project is funded with Transportation Development Impact Fees (DIF) funds, and Riverside County Transportation Commission (RCTC) from the Measure "A" State Highways Account. As such, the project was bid with prevailing wage requirements. BACKGROUND AND OVERVIEW: On February 5, 2006, the City Council approved the plans, specifications and engineer's estimate (PS&E) and authorized staff to advertise for bid the Highway 111 Street Improvements, from Adams Street to Jefferson Street, Project No. 2001-07A. On April 17, 2008, bids were received for the construction of this project. Granite Construction Company submitted the lowest responsive combined bid in the amount of $1,899,998. After award of the project, the design engineer determined that while there is not enough right-of-way on the north side of Highway 111 to construct three lanes, a shoulder lane and other improvements in accordance with state standards enough width does exist to construct three westbound lanes to city standards. Since Highway 111 is no longer controlled by the state and the shoulder lane is not necessary this option would safely reduce traffic congestion. Because this was not discovered until the project was awarded a contract change order is necessary in order to construct these improvements. The change order covers additional widening work added to the project to allow three through lanes in each direction for the entire project reach between Jefferson Street and Adams Street and the addition of a new bus stop and utility relocations. The Change Order also covers miscellaneous electrical work necessary to relocate a commercial sign at Depot Drive. The City's municipal code section 3.30.070 D. makes provisions for the City Manager to execute contracts by the most expeditious manner when time is of the essence, provided the contract is ratified by the City Council. The contractor had started construction of the project and it was deemed urgent that the contract change order be ratified to allow work to proceed and avoid delay claims. The City Council has previously stated its desire to construct the three westbound lanes in this location if possible. Staff therefore recommends acceptance of this work and ratification of the contract change order. 235 possible. Staff therefore recommends acceptance of this work and ratification of the contract change order. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Ratify Contract Change Order Number 1 in the amount of $104,499 for the Highway 111 Street Improvements, Project No. 2001-07A for additional widening improvements to allow three through lanes of traffic; or 2. Do not ratify Contract Change Order Number 1 in the amount of $104,499 for the Highway 111 Street Improvements, Project No. 2001- 07A for additional widening improvements to allow three through lanes of traffic; or 3. Provide staff with alternative direction. Respectfully submitted, 4im othy R onas P.E. Public Wor s Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Contract Change Order No. 1 236 W.• ATTACHMENT 1 Sheet 1 of 8 CONTRACT: Highway 111 Street Improvements PROJECT NO.2001-07A (Adams Street to Jefferson Street) CONTRACTOR: Granite Construction Company 38000 Monroe St Indio, CA 92203 CONTRACT CHANGE ORDER NO.1 Pursuant to the terms ofthe original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE This Contract Change Order allows for additional work as directed in Work Directive # 1 . This work includes but is not limited to the installation of an IID Electrical Transformer Pad, additional work not originally indicated on the Project Plans, and the costs for delays accrued due to design changes and utility conflicts encountered during the project. Amount $104499.00 Original Contract Amount S 1 899 998.00 Add This Change Order No. I S 104,499.00 Revised Contract Total S 2,004,497.00 By reason of this contract change order the time of completion is adjusted as follows: -14- worldng days added/deleted to contract time. The revised contract completion date shall be: 01/28/09 . Submitted By: —Date: Approved By: Date: We, the undersigned Contractor, havegiven caudal consideration to the change proposed and hereby agree, if this proposal is approved that we will provide all equipment, furnish all materials, perform all Ig(tor, except as maybe noted above, and perform all services necessary to complete the above specified work and hereby accept as full paymerH oum shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: tl?'"K C1-641,M Title: A2c59 M 64- . Contractor: _ 6iRl41y 11C C1� , Date: * .z 6 1.... 237 r UMNE M0 SERVICES DIVISION (Cm)WRWEC[S%2 CONSIRUCnON=l-07A HWYI ll ADAMSJEFFERSON (PHASE DIVCDMTRUCnONW DGRM PAYMENTS e CCO'S0 #1-WK DIRECRVE#1 DOC cedr^F4Q COUNCIL/RDA MEETING DATE: September 16, 2008 ITEM TITLE: Consent to an Assignment and Assumption Agreement by and Between CP Development La Quinta, LLC, and Dolphin La Quinta, LLC for Property Located at the Southeast Corner of Washington Street and Miles Avenue RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Consent to an Assignment and Assumption Agreement by and Between CP Development La Quinta, LLC, and Dolphin La Quinta, LLC for property located at the southeast corner of Washington Street and Miles Avenue, and authorize the City Manager to execute a consent to the agreement. FISCAL IMPLICATIONS: None for this action. CHARTER CITY IMPLICATIONS: BACKGROUND AND OVERVIEW: On December 18, 2003, the La Quinta Redevelopment Agency entered into a Disposition and Development Agreement ("DDA") with CP Development La Quinta, LLC for the sale and development of approximately 50 acres located at the southeast corner of Washington Street and Miles Avenue. The approved Specific Plan includes a multi -use commercial and residential project consisting of the following: a medical office/surgical facility; two sit-down restaurants; a mid -price suites hotel; sanctuary villas; resort -style condominium/casitas development; and two single-family residential 23q developments with forty (40) homes restricted for sale to eligible buyers at an affordable housing cost. To date, the Homewood Suites Hotel has opened; 44 casitas units have been constructed by Lennar; Eisenhower Medical Center is under construction on its first medical office building; Applebee's Restaurant has opened; and Hibachi Restaurant has purchased the other restaurant parcel for its second Coachella Valley location. In May 2008, Dolphin La Quinta, LLC ("Dolphin") purchased Lennar's holdings within the Centre Pointe development. This transaction included the completed 44-unit casitas development (40 units east of the Homewood Suites, and four units northwest of the Homewood Suites), and another vacant parcel along Miles Avenue. Dolphin is conducting a "land swap" transaction with CP Development wherein CP Development would obtain a portion of the Lennar site that is approved for 16 units and developed with a four -unit single story condominium hotel building ("Parcel A" shown on Attachment 1) and transfer to Dolphin the 2.18 acre residential parcel located southwest of the Miles Avenue and Seeley drive intersection ("Parcel 3" shown on Attachment 1). This transaction is scheduled to close on or about September 30, 2008. This transaction requires an Assignment and Assumption Agreement (Attachment 2), wherein the City and Agency consent to assign all current DDA and DA rights and obligations specific to these parcels to Dolphin. Dolphin is working with staff on a development program for its holdings within Centre Pointe, which may require Disposition and Development Agreement, Development Agreement, and Specific Plan amendments if the new development program differs from the program within the existing DDA and DA. The parcels are zoned Tourist Commercial, and the Specific Plan calls for resort casitas. Dolphin's proposed development program and possible amendments will come before the City Council and Agency Board at a later date. CP Development has indicated that it plans to market Parcel A for restaurant or retail uses once the "land swap" is complete. In order to do this, the DDA, DA, and Specific Plan will need to be amended. The General Plan and Zoning designation for Parcel A is Tourist Commercial. This designation allows for uses such as small retail outlets (less than 10,000 square feet); general services (e.g., salons, travel agencies, etc.); restaurants and small food outlets (e.g., yogurt shops, coffee houses, pastry shops, etc.); galleries, including schools that teach fine arts; dance studios; theaters (live and movie); as well as hotel/motel, and resort residential. The Specific Plan also designates resort casitas for this parcel; a change in use will require a Specific Plan amendment. 239 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Consent to an Assignment and Assumption Agreement by and Between the City of La Quinta, the La Quinta Redevelopment Agency, CP Development La Quinta, LLC, and Dolphin La Quinta, LLC for property located at the southeast corner of Washington Street and Miles Avenue, and authorize the City Manager to execute a consent to the agreement; or 2. Do not consent to an Assignment and Assumption Agreement by and Between the City of La Quinta, the La Quinta Redevelopment Agency, CP Development La Quinta, LLC, and Dolphin La Quinta, LLC for Property Located at the Southeast Corner of Washington Street and Miles Avenue; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R. EvansA /) Cf Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Parcel Map 2. Assignment and Assumption Agreement 240 ATTACHMENT! � fe , � ]� � ` �|) |B. « « .§ 882/015610-0107 --� #�: mg \ ! kco ! + §§| w■4@'�m� ��{ ww Z A .2 241 ATTACHMENT 2 REQUESTED BY AND WHEN RECORDED MAIL TO: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 Attn: Citv Manager to ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement ( "Assignment") is entered into this day of September, 2008 by and between CP DEVELOPMENT LA QUINTA, LLC, a California limited liability company ("CP") and DOLPHIN LA QUINTA, LLC, a California limited liability company ("Dolphin") with reference to the following: A. WHEREAS, Dolphin is the owner in fee simple of certain real property located at the southeast corner of Miles Avenue and Washington Street in the City of La Quinta, California, as more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Dol)hin Property'). B. WHEREAS, CP is the owner in fee simple of certain real property located adjacent to the Dolphin Property, as more particularly described on Exhibit `B" attached hereto and incorporated herein by this reference (the "CP Property"). For reference purposes, a diagram from Parcel Map Number 31116 referred to in Exhibits A and B which delineates the boundaries of the Dolphin Property and the CP Property is attached hereto and incorporated herein as Exhibit "C" (identified thereon as Parcel "2" and Parcel "3" respectively). C. WHEREAS, CP acquired the CP Property, the Dolphin Property (presently owned by Dolphin), and certain other adjacent real property from the La Quinta Redevelopment Agency, a public body, corporate and politic ("Agency") pursuant to the terms of that certain Disposition and Development Agreement dated on or about December 18, 2003, and as further amended over time through a series of six amendments on or about the following dates: October 28, 2004; December 7, 2004; November 2, 2005; October 20, 2006; August 23, 2007; March 19, 2008 (hereinafter collectively referred to as the "DDA"). D. WHEREAS, on December 18, 2003, the City of La Quinta ("Lj!y") and CP entered into that certain Development Agreement which was recorded in the Official Records of the County Recorder for the County of Riverside on January 5, 2004 as Instrument No. 2004-0005256, and amended by that certain Amendment No. 1 to Development Agreement executed on or about October 28, 2004 and recorded in the Official Records of the County Recorder for the County of Riverside on November 8, 2004 as Instrument No. 2004-0885063, by that certain Amendment No. 2 to 882/015610-0107 945032 04 a09105/08 "1 " 242 Development Agreement executed on or about November 17, 2005 and recorded in the Official Records of the County Recorder for the County of Riverside on December 19, 2005 as Instrument No. 2005-1045418, and by that certain Amendment No. 3 to Development Agreement executed on or about May 6, 2008 and recorded in the Official Records of the County Recorder for the County of Riverside on June 4, 2008 as Instrument No. 2008-0303530 (hereinafter collectively referred to as the "DA"). E. WHEREAS, subsequent to CP's purchase from the Agency of the Dolphin Property, CP sold the Dolphin Property to Lennar Homes of California ("Lennar") pursuant to an assignment and assumption agreement consented to by the Agency and the City. Pursuant to the DDA, the DA, and the entitlements previously issued by the City, a total of one hundred thirty-two (132) condominium/casitas units are required to be developed on the Dolphin Property (the "Dolphin Property Casitas Development"). As of the Effective Date, on the Dolphin Property forty (40) condominium/caritas units have been constructed by Lennar and have received certificates of occupancy by the City, and another four (4) condominium/casitas units have been partially constructed by Lennar. F. WHEREAS, subsequent to Lennar's purchase from CP of the Dolphin Property, Lennar sold the Dolphin Property to Dolphin and transferred all of Lennar's rights and obligations with respect to the Dolphin Property and the Dolphin Property Casitas Development to Dolphin pursuant to an assignment and assumption agreement consented to by the Agency and the City. In connection with Dolphin's acquisition of the Dolphin Property from Lennar, Dolphin deposited Four Hundred Thousand Dollars ($400,000.00) ("Performance Deposit") into an escrow pursuant to an Agreement for Deposit of Funds dated May 22, 2008, by and among the Agency, the City, Lennar, and Dolphin (the "Deposit Agreement"). Under the Deposit Agreement at paragraph I.a.ii, the Performance Deposit shall be disbursed to Dolphin if prior to September 30, 2008, CP and Dolphin close an escrow providing for the conveyance to CP of the "Transfer Parcel" (as defined in Recital H below) and CP conveying to Dolphin the CP Property. G. WHEREAS, pursuant to the DDA, and DA, and the entitlements previously issued by the City, a total of thirty-two (32) condominium/casitas units are required to be developed on the CP Property (the "CP Property Casitas Development'). As of the Effective Date, no condominium/casitas units have been developed on the CP Property. H. WHEREAS, Dolphin and CP have entered into mutual exchange agreements both originally dated as of June 23, 2008, and both subsequently amended on July 28, 2008, and August 7, 2008 (collectively the "Exchange Agreement") pursuant to which Dolphin would transfer to CP a portion of the Dolphin Property (the "Transfer Parcel"), and CP would transfer to Dolphin the entire CP Property. As a closing condition to the Exchange Agreement, Dolphin is processing through the City, Lot Line Adjustment No. 2008-495 (the "Lot Line Adjustment") the boundaries of which are more fully detailed on the proposed certificate for the Lot Line Adjustment attached hereto and incorporated herein as Exhibit "D". The Lot Line Adjustment would have the effect of combining all portions of the Dolphin Property (other than the Transfer Parcel) 1821015610A107 945032 04 a09/05108 -2- 243 with the CP Property as a single parcel (identified on Exhibit D as Parcel `B") and establishing the Transfer Parcel as a new parcel (identified on Exhibit D as Parcel "A"). Following the City's approval of the Lot Line Adjustment, legal descriptions for the Transfer Parcel (i.e., Parcel "A" on Exhibit D) and the combined Dolphin Property (excepting the Transfer Parcel) with the CP Property (i.e., Parcel `B" on Exhibit D) shall be substantially in the form reflected on attached and incorporated Exhibit "E", respectively. I. WHEREAS, the portion of the Dolphin Property Casitas Development required to be constructed on the Transfer Parcel (the "Transfer Parcel Casitas Development") includes the required construction of: (i) sixteen (16) . condominium/casitas units, (ii) parking, and (iii) associated amenities. As of the Effective Date, on the Transfer Parcel four (4) condominium/casitas units have been almost completely constructed by Lennar but none of such units have been issued certificates of occupancy, and construction of the required parking and associated amenities has not yet commenced. J. WHEREAS, upon the closing under the Exchange Agreement (i) Dolphin desires to transfer and assign to CP the Transfer Parcel, and concurrently therewith, to transfer and assign to CP all of Dolphin's rights and responsibilities under the DDA and the DA with respect to the Transfer Parcel and the Transfer Parcel Casitas Development; and (ii) CP desires to transfer and assign to Dolphin the CP Property, and concurrently therewith, to transfer and assign to Dolphin all of CP's rights and responsibilities under the DDA and the DA with respect to the CP Property and the CP Property Casitas Development. K. WHEREAS, the Agency and the City require Dolphin and CP execute this Assignment to memorialize acknowledgement of the rights and development obligations of the Dolphin Property and the CP Property as further detailed in the DDA and DA and to provide for the assumption of such obligations. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Dolphin Transfer to CP. a. Dolphin hereby assigns to CP all of Dolphin's rights and responsibilities under the terms of the DDA and the DA with respect to the Transfer Parcel and the Transfer Parcel Casitas Development from and after the "Effective Date" (as that term is defined in Section 4 below) of this Assignment. b. CP hereby accepts the foregoing assignment and agrees to be bound by the terms of the DDA and the DA with respect to the Transfer Parcel and the Transfer Parcel Casitas Development from and after the Effective Date. 882/015610A107 945032 04 a09/05/08 "3" ... 244 c. The parties hereto acknowledge and agree that CP shall not be responsible for any of the obligations of the DDA or the DA which arise from ownership of the Transfer Parcel existing prior to the Effective Date hereof. As such, a default by Dolphin under either the DDA or the DA with respect to the Transfer Parcel prior to the Effective Date hereof shall not be deemed a default by CP, and Dolphin shall indemnify, defend and hold harmless CP from any and all losses, claims or liability, including without limitation reasonable attorneys' fees and costs, arising from any such default by Dolphin. A default by CP under either the DDA or the DA with respect to the Transfer Parcel after the Effective Date hereof shall not be deemed a default by Dolphin, and CP shall indemnify, defend and hold harmless Dolphin from any and all losses, claims or liability, including without limitation reasonable attorneys' fees and costs, arising from any such default by CP. 2. CP Transfer to Dolphin. a. CP hereby assigns to Dolphin all of CP's rights and responsibilities under the terms of the DDA and the DA with respect to the CP Property and the CP Property Casitas Development from and after the Effective Date of this Assignment. b. Dolphin hereby accepts the foregoing assignment and agrees to be bound by the terms of the DDA and the DA with respect to the CP Property and the CP Property Casitas Development from and after the Effective Date. c. The parties hereto acknowledge and agree that Dolphin shall not be responsible for any of the obligations of the DDA or the DA which arise from ownership of the CP Property existing prior to the Effective Date hereof. As such, a default by CP under either the DDA or the DA with respect to the CP Property prior to the Effective Date hereof shall not be deemed a default by Dolphin, and CP shall indemnify, defend and hold harmless Dolphin from any and all losses, claims or liability, including without limitation reasonable attorneys' fees and costs, arising from any such default by CP. A default by Dolphin under either the DDA or the DA with respect to the CP Property after the Effective Date hereof shall not be deemed a default by CP, and Dolphin shall indemnify, defend and hold harmless CP from any and all losses, claims or liability, including without limitation reasonable attorneys' fees and costs, arising from any such default by Dolphin. 3. Requirement for Amendments to DDA DA and Center Point Specific Plan. CP acknowledges and agrees that prior to CP commencing any development on the Transfer Parcel CP shall be required to process through the City amendments to the DDA, DA, and Center Point Specific Plan (SP2001-055) that permit the development contemplated on the Transfer Parcel by CP. Dolphin acknowledges "2i015e10-0107 945032 04 e0910506 _4_ 245 and agrees that prior to Dolphin commencing any development on the CP Property Dolphin shall be required to process through the City amendments to the DDA, DA, and Center Point Specific Plan (SP2001-055) that permit the development contemplated on the CP Property by Dolphin. 4. Effective Date. This Assignment shall be deemed effective (the "Effective Date") upon the last of the following events to occur: (a) the written consent to this Assignment by the City with respect to the assigned rights and obligations arising under the DA, (b) the written consent to this Assignment by the Agency with respect to the assigned rights and obligations arising under the DDA, (c) conveyance of the CP Property to Dolphin and the Transfer Parcel to CP at the closing under the Exchange Agreement, as evidenced by the recording of the grant deeds therefor in the Official Records of the County Recorder for the County of Riverside, California and (d) the recordation of the Lot Line Adjustment in the Official Records of the County of Riverside. 5. Recording of Documents. This Assignment and four (4) other documents are to be recorded in the Official Records of the County Recorder for the County of Riverside, California at the closing as further detailed in the Exchange Agreement. The order and description of documents to be recorded pursuant to the Exchange Agreement are: (a) first, a grant deed from CP to Dolphin conveying the CP Property; (b) second, the Lot Line Adjustment; (c) third, a grant deed (e.g., `perfecting' deed) from Dolphin to Dolphin for the entire property covered by the Lot Line Adjustment (inserting the new lot boundaries into the chain of title); (d) fourth, a grant deed from Dolphin to CP conveying the Transfer Parcel; and (e) fifth, this Assignment. Upon completion of steps one through four [(a)-(d)] herein, escrow will be in a position to disburse the Performance Deposit to Dolphin. Notwithstanding the foregoing, in the event that the fully executed and notarized deeds described herein (collectively "Deeds") are tendered to escrow prior to September 30, 2008, to be held in trust for recording pursuant to the Exchange Agreement, but escrow is not in a position to close prior to September 30, 2008 due to either (i) a cause that is not the fault of Dolphin and is beyond Dolphin's control (such as a backlog or other conditions experienced by escrow or the County Recorder, but not including Dolphin's or CP's inability or unwillingness to proceed with the closing), or (ii) the City has delayed the finalization of the Lot Line Adjustment due to no fault of Dolphin, then escrow shall be permitted to disburse the Performance Deposit to Dolphin following recording of the Deeds. 6. Corporate Authority. Except as otherwise described in paragraph 3 above, the parties hereto each warrant and represent that they have taken all necessary corporate action to authorize the execution and performance of this Assignment and that the individuals executing this document on behalf of the parties are authorized to do so, and by doing so, create binding obligations as described herein of the party represented. 882/015610A107 14503204 s09/05108 _5_ 246 7. Governing Law. This Assignment shall be governed by the internal laws of the State of California, without regard to conflict of law principles. 8. Counterparts. This Assignment may be executed in counterparts, and counterpart signature pages may be combined into one or more fully executed original for recording purposes. [Signature pages follow] 882/015610-0107 945032 04.09/05/08 -6- 247 WHEREFOR, the parties hereto have executed this Assignment on the date first written above. "CP„ CP DEVELOPMENT LA QUINTA, LLC a California limited liability company By: Oliphant Family Trust Its: Member By: Richard R. Oliphant Its: Trustee By: Oliphant Enterprises, Inc. Its: Manager By: Richard R. Oliphant Its: President "Dolphin" DOLPHIN LA QUINTA, a California limited liaVilit; r Dolphin Part r�erd In , a corporation Its: Manager i Its: 882/015610-0107 945032 04 e09/05/08 -7" 248 State of California ) County of ) On before me, Notary Public, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature (seal) State of California ) County of Al C) On I^tk S€'� , before me, �(X� t� �c� Ks ,Notary Public, r ^ (here insert name and title of the officer) personally appeared 6 who proved to me on & basis of satisfactory evidence to be the person whose name Ware- subscribed to the within instrument, and acknowledged to a that he/she ey executed the same in his/herAheir authorized capacity(ies , and that by his/herAheir signaturev on the instrument the person or the entity upon behalf of which the person s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Rr WITNESS my hand and official seal. ® 1fOd017 owr4a COU* got It tufriul�Mo - CaNWrrtla $ Signature U�`� �1 [1 PMM (seal) 88J015610-0107 945032 04 a09105,09 -8_ 249 CONSENT By execution below, the Agency and City hereby (i) consent to the foregoing Assignment; (ii) release CP from any further obligations under the DA or DDA with respect to the CP Property and the CP Casitas Development; and (iii) release Dolphin from any further obligations under the DA or DDA with respect to the Transfer Parcel and the Transfer Parcel Casitas Development. Further, upon recordation in the Official Records of the County of Orange of (a) the Deeds, and (b) the Lot Line Adjustment, the City and Agency hereby authorize the disbursement of the Performance Deposit to Dolphin. Notwithstanding the foregoing, in the event that the fully executed and notarized Deeds are tendered to escrow prior to September 30, 2008, to be held in trust for recording pursuant to the Exchange Agreement, but escrow is not in a position to close prior to September 30, 2008 due to either (1) a cause that is not the fault of Dolphin and is beyond Dolphin's control (such as a backlog or other conditions experienced by escrow or the County Recorder, but not including Dolphin's or CP's inability or unwillingness to proceed with the closing), or (2) the City has delayed the finalization of the Lot Line Adjustment due to no fault of Dolphin, then escrow shall be permitted to disburse the Performance Deposit to Dolphin following recording of the Deeds, even if such recording takes place on or after September 30, 2008. Agency and City agree to provide any additional authorizations or instructions that may be necessary to facilitate such disbursement. LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic By: Its: ATTEST: Agency Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP Agency Counsel 8821015610-0109 945032 04 a09/05/08 -9- Executive Director 250 CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the laws of the State of California By: Its: ATTEST: City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP City Attorney 882/015610-0107 945032 04 .09/05/08 -1 Q- City Manager 251 State of California ) County of ) On , before me, Notary Public, (here insert name and title of the officer) personally appeared ) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) r� sazi- 25 0.0 a12/17/07 EXHIBIT "A" LEGAL DESCRIPTION OF THE DOLPHIN PROPERTY THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, DESCRIBED AS FOLLOWS: PARCEL 2 OF PARCEL MAP NO. 31116, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THE PARCEL MAP FILED ON APRIL 4, 2005, IN BOOK 212 OF PARCEL MAPS, AT PAGES 60-66, AS INSTRUMENT NO. 2005-0262238, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY. 882/015610A 107 945032 04.09/05/08 -11- 253 EXHIBIT `B" LEGAL DESCRIPTION OF CP PROPERTY THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, DESCRIBED AS FOLLOWS: PARCEL 3 OF PARCEL MAP NO. 31116, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THE PARCEL MAP FILED ON APRIL 4, 2005, IN BOOK 212 OF PARCEL MAPS, AT PAGES 60-66, AS INSTRUMENT NO. 2005-0262238, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY. 892/015610-0107 -12_ 945032 04 e09/05/08 254 EXHIBIT "C" BOUNDARY DIAGRAM FROM PARCEL MAP NO.31116 (PAGE 63 OF PARCEL MAP. NO. 31116) [See following Pagel 882/01561M107 945032 04 09/05/08 -13 255 ` \�; 4.J K a•r� �; {� `�2, f Q ■ � � ■, » w 7��#) §'4» �||/§ . | |�| \� \|rZ f| !, | R. 256 f Q ■ � � ■, » w 7��#) §'4» �||/§ . | |�| \� \|rZ f| !, | R. 256 256 EXHIBIT "D" EXHIBIT `B'- CERTIFICATE OF LOT LINE ADJUSTMENT NO. 2008-495 CITY OF LA QUINTA, COUNTY OF RIVERSIDE, CALIFORNIA [See following pages] 882/015610-0107 945032,04 e09/05108 - 15- 257 882/015610-0107 945032 04 a09/05/08 -) 6- ��-258 W J Z. - Nm YpYp��a'm'Myymomm N N. O OIm-M N m 0 N mm�Pi'munMaromN V � 16 m N lm' mm�m N-- 0;1p m �!� M OOi Y 4---------------- Q WW�Wy W'i 33: 3. Y.33333 WW W 3mm O � �NNnY1NMlY`1H NN/fMm�ON�'1 m3 ✓� W O M m N M m M N N N m N N m N M a M m O m Y m m yy�� mOM--N t�YF'1 O* bmkbOY 2ZYmmZm2mmm2mmm2mZ2 NNyye� mmgqO�NMamml�mm 882/015610-0107 941032.04 e09105/08 - %� ��259 EXHIBIT "E" LEGAL DESCRIPTIONS FOR NEW PARCELS "A" AND `B" (EXHIBIT `A' - LOT LINE ADJUSTMENT NO.2008-495) CITY OF LA QUINTA, COUNTY OF RIVERSIDE, CALIFORNIA [See following pages] 882/01561 M 107 945032.04 e09/05/08 —18- �• - 260 EXHIBIT "A" LOT LINE ADJUSTMENT NO. 2008 - 495 PARCEL "A"; IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 31116, AS SHOWN BY MAP ON FILE IN BOOK 212, AT PAGES 60 THROUGH 66, INCLUSIVE, OF PARCEL MAPS, OFFICIAL RECORDS OF SAID RIVERSIDE COUNTY, ALSO BEING IN THE SOUTH HALF OF SECTION 19, TOWNSHIP 5 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2 THE FOLLOWING THREE (3) COURSES: (1) THENCE NORTH 88"08'53" EAST A DISTANCE OF 203.25 FEET; (2) THENCE NORTH 89"31'23" EAST A DISTANCE OF 124.81 FEET; (3) THENCE NORTH 89"33'22" EAST A DISTANCE OF 220.92 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 19°25'33" EAST A DISTANCE OF 64.30 FEET; THENCE SOUTH 14"33'39" WEST A DISTANCE OF 67.86 FEET; THENCE NORTH 75926'21" WEST A DISTANCE OF 24.01 FEET; THENCE SOUTH 14"33'39" WEST A DISTANCE OF 42.63 FEET TO AN ANGLE POINT ON THE WESTERLY LINE OF SAID PARCEL 2, ALSO BEING THE NORTHEAST CORNER OF PARCEL 4 OF SAID PARCEL MAP NO. 31116; THENCE ALONG SAID WESTERLY LINE OF PARCEL 2 THE FOLLOWING SIX (6) COURSES: (1) THENCE NORTH 78"26'24" WEST A DISTANCE OF 179.86 FEET; (2) THENCE SOUTH 71 "26'37" WEST A DISTANCE OF 51.11 FEET; (3) THENCE SOUTH 57"38'20" WEST A DISTANCE OF 203.09 FEET; (4) THENCE SOUTH 53"12'25" WEST A DISTANCE OF 88.76 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2,114.98 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 53044'23" EAST; PAGE 1 OF 5 "2/015610-0107 945032 04 09/05/08 _ 19- ..... _ 2 61 EXHIBIT "A" LOT LINE ADJUSTMENT NO. 2008 - 498 (5) THENCE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 02°14'19", AN ARC DISTANCE OF 82.64 FEET; (6) THENCE NON -TANGENT TO SAID CURVE NORTH 00°26'38" WEST A DISTANCE OF 228.66 FEET TO THE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS - OF -WAY OF RECORD. CONTAINING 102,610 SQUARE FEET OR 2.353 ACRES, MORE OR LESS. _�ONPtw elp. "130/08 1+ Z� cxl& PAGE 2 OF 5 882/01561M107 %5032 04 e09/05/08 _20_ 262 EXHIBIT "A" LOT LINE ADJUSTMENT NO. 2008 - 495 PARCEL"B": IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF PARCEL 2 TOGETHER WITH PARCEL 3 OF PARCEL MAP NO. 31116, AS SHOWN BY MAP ON FILE IN BOOK 212, AT PAGES 60 THROUGH 66, INCLUSIVE, OF PARCEL MAPS, OFFICIAL RECORDS OF SAID RIVERSIDE COUNTY, ALSO BEING IN THE SOUTH HALF OF SECTION 19, TOWNSHIP 5 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS A WHOLE AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2 THE FOLLOWING THREE (3) COURSES: (1) THENCE NORTH 88-08'53" EAST A DISTANCE OF 203.25 FEET; (2) THENCE NORTH 89"31'23" EAST A DISTANCE OF 124.81 FEET; (3)THENCE NORTH 89033'22" EAST A DISTANCE OF 220.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE SOUTH 1902533" EAST A DISTANCE OF 64.30 FEET; THENCE SOUTH 14033'39" WEST A DISTANCE OF 67.86 FEET; THENCE NORTH 75026'21" WEST A DISTANCE OF 24.01 FEET; THENCE SOUTH 14033'39" WEST A DISTANCE OF 42.63 FEET TO AN ANGLE POINT ON THE WESTERLY LINE OF SAID PARCEL 2, ALSO BEING THE NORTHEAST CORNER OF PARCEL 4 OF SAID PARCEL MAP NO. 31116; THENCE ALONG SAID WESTERLY LINE OF PARCEL 2 THE FOLLOWING SIX (6) COURSES: (1) THENCE SOUTH 11"33'36" WEST A DISTANCE OF 149.37 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 139.50 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 20"15'25" WEST; (2) THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 64"48'59", AN ARC DISTANCE OF 157.81 FEET; PAGE 3 OF 5 882/0156TM107 945032 04 .09/05/08 -2 1- 263 EXHIBIT "A" LOT LINE ADJUSTMENT NO. 2008 - 495 (3) THENCE SOUTH 27"44'50" WEST A DISTANCE OF 60.73 FEET; (4) THENCE SOUTH 62"15'10" EAST A DISTANCE OF 167.46 FEET; (5) THENCE NORTH 60"31'08" EAST A DISTANCE OF 43.98 FEET; (6) THENCE SOUTH 29°40'27" EAST A DISTANCE OF 36.75 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 2 AND THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 890.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 26"35'27" WEST; THENCE LEAVING SAID WESTERLY LINE AND ALONG THE SOUTHERLY AND SOUTHEASTERLY LINES OF SAID PARCELS 2 AND 3 THE FOLLOWING FOUR (4) COURSES: (1) THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 19000-25", AN ARC DISTANCE OF 295.24 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 760.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 07035'02" EAST; (2) THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 17"36'50", AN ARC DISTANCE OF 233.64 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 360.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 25*11'52" EAST; (3) THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 65°1446", AN ARC DISTANCE OF 409.95 FEET; (4) THENCE NORTH 00"26'38" WEST A DISTANCE OF 90.92 FEET TO A POINT IN THE NORTHERLY LINE OF SAID PARCEL 3; THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH 45"26'38" WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 4.24 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINES OF PARCEL 3 AND PARCEL 2 SOUTH 89"33'22" WEST A DISTANCE OF 733.35 FEET TO THE TRUE POINT OF BEGINNING. PAGE 4 OF 5 882/015610-0107 945032 04 a09/05M -22- 264 EXHIBIT "A" LOT LINE ADJUSTMENT NO. 2008 - 495 SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS - OF -WAY OF RECORD. CONTAINING 367,958 SQUARE FEET eOOONp,LLA/Z OR 8.447 ACRES, MORE OR LESS. � P k�OF coso PAGE 5 OF 5 882/015610-0107 945032 04 e09/05/08 -23- 265 ceit�p 4 4 a9ha COUNCILIRDA MEETING DATE: September 16, 2008 ITEM TITLE: Authorization for Overnight Travel for the Planning Director to Attend the MAP - Management Training Workshop, Newport Beach, California, October 22-24, 2008 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: I01. STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Planning Director to attend the three- day MAP - Management Training Workshop in Newport Beach, California, from October 22 to October 24, 2008. FISCAL IMPLICATIONS: Costs associated with attending the Conference will be funded through Planning Administration Training & Meetings, Account No. 101-6001-463.51.01. The breakdown, per person of expenditures anticipated for this conference is as follows: • Conference Enrollment $3,100 • Hotel & Meals Package (Attachment 1) $ 774 Total $3,874 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The three-day workshop focuses on planning issues, focusing on core fundamentals, and how to communicate better inter -departmentally to obtain better accountability 26Q within the organization and towards the public. Seminar information is included in Attachment 2. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Planning Director to attend the three-day MAP -Management Training Workshop in Newport Beach CA from October 22 to October 24, 2008; or 2. Do not approve authorization for overnight travel for the Planning Director to attend the three-day MAP -Management Training Workshop in Newport Beach CA from October 22 to October 24, 2008; or 3. Provide staff with alternative direction. Respectfully n, Planning Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Conference (including Hotel/Meals) Invoice 2. Seminar Information 267 ATTACHMENT 1 9 July 25, 2008 City of La Quinta Les Johnson Planning Director P O Box 1504 City of La Quinta, CA 92247 - 1504 Management Action Programs: MAP - Management Training Workshop: (Newport Beach, CA) Participant: Les Johnson October 22 - 24 $3,100 Hotel and meals Package 774 Total tuition: $3,874 MAP - Management Action Programs, Inc. 4725 Hazeltine Avenue Sherman Oaks, CA 91423 Attention: Dan Lawrence 760.591.9777 ATTACHMENT 2 Management Development Program Newport Beach Marriott Bayview, Newport Beach, CA Date: Wednesday, October 22-Friday, October 24 Location: 500 Bayyiew Circle. NewooEt-Beach CA 92660 Price: $3100.00 MAP Management Development Program This customized unique program increases personal management effectiveness and the business performance of each participant. This event, an intensive 2.5 day management training workshop for senior executives and top managers of all types of organizations, is the cornerstone workshop of the MAP organization. If there have been problems, issues and challenges that you have been meaning to fix within your organization, this is the perfect opportunity to handle those needs. MAP's unique management training workshop is designed to give you and your team the ability to focus on your core fundamentals —tailored to your specific needs —to become a more effective organization. You will learn to improve accountability, planning, goal setting, teamwork and communication. As a result, you and your senior team will be focused and aligned on critical issues and priorities, with a common language and understanding of goals and objectives and an action plan to achieve them. Workshop Agenda Highlights: Learn how to ground your management team using four fundamental concepts: Effective Decision -Making, Communication, Accountability, and Problem Solving. MAP's management training workshop flows smoothly through four stages: • Information gathering about the specific issues facing your organization that need to be handled • Customization of your workshop goals • Workshop facilitated by MAP's expert senior consultants where you and other participants work as a team to develop goals and action plans • The Follow -Up Plan, to make sure that everything you have done in the past 2.5 days is applied to your organization. See map of workshop location �Back-to Mainag_emen_k_Dcvelooment Program Events Price: $3100.00 263 a, 5 F`N OF COUNCIL/RDA MEETING DATE: September 16, 2008 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Authorization for Overnight Travel for the CONSENT CALENDAR: Community Safety Manager and Three Code Compliance Officers to Attend the Annual Code Enforcement Seminar STUDY SESSION: Sponsored by the California Association of Code PUBLIC HEARING: Enforcement Officers in South Lake Tahoe, CA from October 7-10, 2008 Approve the overnight travel for the Community Safety Manager and three Code Compliance Officers to attend the Annual Code Enforcement Seminar sponsored by the California Association of Code Enforcement Officers in South Lake Tahoe, CA from October 7-10, 2008 (Attachment 1). FISCAL IMPLICATIONS: Attendance at the training will be funded from the Travel, Training and Meetings, account 101-5004-424.51-01. The attendees will travel by city vehicles to the training. Registration includes breakfast and lunch. Expenditures for the training are estimated as follows: • Registration ($370 per person x 4) $1,480 • Hotel ($176 per night x 2 rooms x 3 nights) 1,056 • Meals ($175 per person x 4) 700 Total $3,236 CHARTER CITY IMPLICATIONS: None C GROUND AND O ERVIEWe the skills and abilities of the Community Safety Manager and three Code Compliance Officers. Their training will focus on three areas: 1) development and implementation of a successful Property Maintenance Code, 2) foreclosures with updates on trends and processes, and 3) Officer Safety with a focus on special threats and current trends. The courses can be applied toward the continuing education requirements for California Association of Code Enforcement Officers (C.A.C.E.O.) certification. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the overnight travel for the Community Safety Manager and three Code Compliance Officers to attend the Annual Code Enforcement Seminar sponsored by the California Association of Code Enforcement Officers in South Lake Tahoe, CA from October 7-10, 2008; or 2. Deny the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, , Building & Safety Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Description of training course Pq 271 on r ., l i. � >4 ,� .A � � s41t t F a 6h ��:. � l hi�'F, ��y ,". it"� Y< v` Y 1 yy¢�' � �{�� I4Y �/ r / i �a Z i�.f y�� .. , ��'� � f y a ' �$ �g� � l ��AF . R y � M }yi �¢�: Y M � �� tea'$' " _ 1 ':. Ate' . .x'a �ts �'T.ti\-'' s �! �'�� _ i 1.:' 1 � . ,I1� � � •�1 _ �. r �,. i . _� ` .. '., tt rY r'C': -:''% �: �� General Information and Frequently Asked Questions WHERE IS THE CONFERENCE? All activities associated with the 2008 Annual Code Enforcement Seminar and Exhibitor Showcase take place at: Embassy Suites Lake Tahoe Resort 4130 Lake Tahoe Blvd. South Lake Tahoe, CA 996150 Tel: (877) 497-8483 NOW DO REGISTER? Register before September 22, 2008 and take advantage of the early bird discount by completing the registra- tion form on page 7. You can also visit us online at www.coceo.us. The deadline to pre -register for the confer- ence is September 22, 2008. WHAT IF 1 REGISTER AFTER THE SEPTEMBER 22, 2008 DEADLINE? Anyone not registered by the Septem- ber 22, 2008 deadline will have to register onsite. There is an additional $20 fee for onsite registrations. WHAT IS THE CANCELLATION POLICY? Cancellations must be made IN WRIT- ING and received by CACEO (via fax or mail) no later than September 22, 2008. All cancellations received by September 22, 2008 will be refunded less a $25 processing fee. There will be NO refunds for cancellations made after September 22, 2008. NO EXCEPIONS WILL BE MADE. CAN 1 REGISTER A GUEST? Guests may join you for all meal func- tions provided a separate meal pass is purchased in advance. Guest registra- tion fees are $175 if registered before September 22, 2008; $195 if regis- tered onsite; and include lunch and entertainment on Thursday and lunch on Friday. Your guest will be given a name badge for all meal functions, however, educational sessions are reserved for persons who have paid full conference registration fees. WHEN CAN I PICK UP MY REGISTRATION MATERIALS? Registration materials including badges, tote bags, and an up -to -slate conference onsite guide will be available onsite at the registra- tion desk the following hours: Tuesday, October 7, 2008 4:30 - 9 p.m. Wednesday, October 8, 2008 7:30 a.m. - 5 p.m. Thursday, October 9, 2008 7:30 a.m. - 5 p.m. EXHIBITOR SHOWCASE The exhibitor showcase takes place over two and one-half days, allowing all attendees the opportunity to conduct business with exhibitors. Exhibitors play a major part in our ability to offer you quality educational programs in four -star locations. Please sup- port our exhibitors by visiting their booths and doing business with them onsite. Check the CACEO website for an updated list of exhibitors. The exhibitor showcase will be open during the following hours: Tuesday, October 7, 2008 4:30 - 9 p.m. Wednesday, October 8, 2008 8 a.m. - 5 p.m. Thursday, October 9, 2008 8 a.m. - 5 p.m. 273 ANNUALCODE ENFORCEMENT SEMINAR SOUTH LAKE TAHOE 4 0C FOBER 7-10 Annual Code Enforcement Seminar and Exhibitor Showcase The conference committee has worked diligently to build a top-notch educational program featuring keynote speaker and author Chris Cox, Owner and Chief Learn- ing Officer of Amplitude LLC, a company ! focused on amplifying the results of lead- ers and teams. She and the Amplitude team provide high - impact training, facilitation and coaching services to some of the nation's best and brightest companies and teams. Chris's keynote presentation "A Meeting of the Minds - Tap into the New Science of Success" and breakout ses- sion "Amplify Your Emergenetics° Results - High Impact Communication Skills for Success", are interactive presen- tations that help you gain an understanding of the Emer genetics° model and the science behind it. You will have an opportunity to identify your own genetically predeter- mined pattern of thinking and behavioral preferences and their impact on your communication outcomes with others. We will also host the exhibitor showcase for two and one- half days on Tuesday evening, Wednesday and Thursday. A diverse group of vendors will be onsite for all your busi- ness needs. FA • Code Enforcement Officers • Managers, Supervisors and Senior Officers • Building and Safety Personnel • Public Safety and Health Department Officials • Legal Services and Administrative Support • Elected Officials and Policy Makers • It's THE conference for Code Enforcement Officers • Two full days of topnotch educational opportunities • Nearly 20 classes to choose from to meet your educational goals • Something for everyone • Raffles throughout the conference • Exhibitor showcase • Networking opportunities with peers 274 Agenda is tentative and subject to change. fJ; Tuesday October 7, 2008 Registration Reception 430-9p.m Stop by the registration desk to pick up your annual seminar materials, visit the exhibit showcase and enjoy light appetizer fare. This is a great opportunity to beat the morning crowd. Wednesday - 10.8.08 7:30 a.m. - 5 p.m. Registration Hours Morning Keynote and Breakout Sessions 8-9arm. CACEO/NACE Welcome, Update and Awards _ 9 a.m. - 12 p.m. A Meeting of the Minds - Tap into the New Science of Success by Chris Cox, CEO of Amplitude Frequently, the key to success isn't what you know or how well you do a job. More than ever, success is achieved by those ' most able to work effectively with diverse sets of people -understanding, appre- ciating and maximizing the differences that exist. Through this fun and high-energy keynote presenta- tion utilizing a powerful communication tool called Emergenetics", you will gain an understanding of the Emergenetics"model and the science behind it, as well as have an opportunity to identify your own genetically predetermined pattern of thinking and behavioral preferences and their impact on your communication outcomes with others. Bring your brain to the meeting, and find out how your unique set of thinking preferences impact your success with others! You are highly encouraged to complete the on-line Emergenetics' Questionnaire prior to this keynote in order to receive your personalized Emergenetics° Profile during the session. Once registered, you'll receive information on how to take the questionnaire in your emailed event confirmation. 1 01 12 - 1 p.m. Lunch - 3 p.m. Navigating Through Community Development and its Relationship with Code Enforcement by Wayne Goldberg, Director of Advance Planning and Public Policy, City of Santa Rosa This course offers a brief overview of how conditions of approval are attached to development applica- tions and later serve as the basis for code enforce- ment activity. - 4:30 p.m. Amplify Your Emergeneticse Results - High Impact Communication Skills for Success by Chris Cox, CEO of Amplitude This highly interactive workshop continues the insights from the morning keynote presentation. You will gain greater understanding of the strengths and challenges of your personal Emergenetics°' Profile and how those think- ing and behavioral preferences can impact communica- tion with others. In addition, you will gain immediately applicable tools and techniques that will enhance your ability to communicate successfully with others, provide more effective customer service and resolve conflicts more effectively. The Emergenetics" model will be the primary tool utilized within this workshop. 4:30 p.m. (two to choose from) • Legal Aspects/Updates of Code Administration by Susana Alcala Wood, Modesto City Attorney • Development and Implementation of a Successful Property Maintenance Code for Today's Code Enforcement (Repeated on Thursday) by Greg Blackburn, Assistant Manager of Code Enforcement, City of Henderson 3 - 4:30 p.m. The Who, What, Where, and How to WIN with Systematic Code Enforcement! by Mel Plummer and Keith Gordon, Los Angeles Housing Department This session will describe the City of Los Angeles' award -winning Systematic Code Enforcement Program (SCEP) now in its loth year of operations SCEP inspects over 760,000 multi -residential rental units within a four- year cycle while achieving a 99% compliance rate - all at no direct cost to the city! Exhibit Hours 9 a.m. -- 5 p.m. ,... 215 Thursday - 10.9.08 7:30 a.m. - 5 p.m. Registration Full -Day Session 8:30 a.m. - 4 p.m. (break 12 - 1 p m.) City Attorney Code Enforcement Boot Camp by Doug Haubert, Partner, Aleshire & Wynder LLP and Signal Hill, Assistant City Attorney/City Prosecutor, Hesperia, Lynwood Morning Breakout Sessions 8:30 - 10:30 a.m. Problem Oriented Policing and How It Can Work For You by Mike Matlock, Assistant Police Chief, and Dirk Voss, Code Compliance Manager, City of Oxnard In this breakout, you will learn how to cre- ate an effective problem oriented policing program that fits the needs of your commu- nity and what other agency services should be involved to make it successful. 8:30 a.m, - 12 p.m. (three to choose from) • Be Your Own Mentor by Anne Bruce, motivational speaker and author Are you ready for an extreme life -coach- ing change? Anne's bestselling book, Be Your Own Mentor, just released in 2008 (McGraw-Hill Publishing), will give you the specific tools you need to be your own mentor and become your own coach -in good times and difficult times. The breakout session will cover a crifical 4-step selfinentoring formula you need for greater successt The steps include: 1. Free Yourselft Face fears and break free of traditional thinking that may be holding you back. 2. Think for Yourself! Think like an entre, preneur even if you work for someone else. 3. Reinvent Yourself Manifest your career and personal life goals. 4. Ignite Yourself! Jump-start your hidden talents and apply them to your life today. Don't wait! Also included will be valuable tools for activating your 10 premium life com- posses-all sure to direct you toward your "true north" and to becoming your best and performing at your peak -on the job and off. • Understanding Zoning, Land Use & Planning by Donelle Stylos, Community Development Director, City of Oakdale This session will show you how to review and change a code enforcement ordi- nance and discuss pitfalls to avoid. • Foreclosure Focus: Updates on Trends and Processes by Doug Leeper, Code Enforcement Manager, City of Chula Vista 10.30 a.m. - 12 p.m. Effective Relationships with Policy Makers and Marketing Your Department by Dirk Voss, Code Compliance Manager, City of Oxnard and John Lovell, CACEO Legislative Analyst This session will suggest methods on de- veloping effective relationships with policy makers and elected officials to improve the workplace environment and to better educate the decision makers and get them on your side. You will also be shown simple ways to market and create a positive image of your department and have the public know more about the services you provide to the community. K 12 -1 Lunch p.m Afternoon Breakout Sessions 1 - 2:30 p.m. Code Enforcement Volunteer Program by Dirk Voss, Code Compliance Manager, City of Oxnard During this breakout session, you will learn to create an effective code enforcement volunteer program that fits the needs of your community and improves the quality of service you provide. - 4.30 p.m. (three to choose from) • The Art of Leadership by Anne Bruce, motivational speaker and author This award -winning leadership course will provide you with a fast MBA when it comes to practical, real -world leadership tips, tools and techniques. This program is designed for leaders at ev- ery level and is based on Anne's leadership bestseller Leaders -Start to Finish (ASTD Press). Whether your are a beginning supervisor or a seasoned pro, this program will provide you with a powerful toolkit of leadership ideas, tips, and tools you can start using immediately. Anne will be available after each program to sign books and answer questions. In the meantime, want more info? Visit www. AnneBruce com for additional information on these exciting programs and more! • Development and Implementation of a Successful Property Maintenance Code for Today's Code Enforcement Issues (Repeat of Wednesday's program) by Greg Blackburn, Assistant Manager of Code Enforcement, City of Henderson • Officer Safety: Special Threats and Current Trends by Michael C. Kimball, Director of Training and Consulting, MC Kimball and Associates 2.30 - 4:30 p.m Group Homes: Where We Have Been and Where We Are Going by Jim Sinasek, Special Projects Coordinator, City of Newport Beach Information will be presented relative to the efforts by the City of Newport Beach in reaching an agreement between the Con- cerned Citizens of Newport Beach and the various group homes with respect to the "over concentration" of group homes in the City of Newport Beach. 4:30 - 5:30 p.m. NACE Annual Business Meeting 216 Don'tforget to boo b000kkyoururroom Friday - 10.10.08 now! 9 a.m - 12 p.m. Please indicate Certification Test that you are $150 exam fee with the CACEO Been in the code enforcement field for a long Annual Seminar time? Want to be certified, but feel you have the when making your experience to "test out" of taking the education reservation to courses2 Apply to take the certification exami- ensure you receive nation CACEO will be offering experienced the group discount individuals that have worked in the construction and CACEO's ,00m industry and/or public safety industry the oppor- block with the hotel (unity to bypass the formal training requirement is credited of the Academy modules by taking the Certifica- tion Examination. Contact Kailo Ricci at the CACEO office (kricci@coceo.us, 916.492.2223) for Certification Examination eligibility information. 9 a.m. - 12 p.m Roundtable on Trends, Topics and Processes Members will be broken up into small groups where they will have the opportunity to present problems, provide solutions, and offer ideas on how code enforcement can advance in the future. This is a great opportunity for members to see "how they do it." CACEO Board Members will moderate the groups. Housing Information All events associated with the Annual Seminar will take place at: EMBASSY SUITES LAKE TAHOE RESORT 4130 Lake Tahoe Blvd South Lake Tahoe, CA 996150 Tel: (877) 497-8d83 Room Rate Cut -Off date: September 15, 2008 Room Rate: S 135 single/double (Sunday - Thursday) and $229 (Friday and Saturday) $155 triple (Sunday - Thursday) and $229 (Friday ana Saturday) Please indicate that you are with the CACEO Annual Seminar when making your reservation to ensure you receive the group discount and CACEO's room block with the hotel is credited 2009 CACEO Annual Seminar September 8 - 11, 2009 Westin San Diego 2010 CACEO Annual Seminar September 8 - 11, 2070 Sheraton Grand Sacramento 'n.. - 2 Annual Code Enforcement Seminar Registration Form The deadline to pre register for the conference is September 22, 2008. Cancellations must be made IN WRITING and received by CACEO (via fox or mail) no later than September 22, 2008, All cancellations received by September 22, 2008 will be refunded less a $25 processing fee. There will be NO refunds for cancellations made after September 22, 2008. NO EXCEPTIONS WILL BE MADE Name Title: Agency' Address City State: ZIP: Telephone Extension Fax: Email. Full Registration Fees include odmiss on to the four Jay seminar, all breakout sessions, lunch on Wednesday and Thursday, doily coffee breaks, and all conference materials Guest passes include all meal functions, however, educational ses- sons are for persons who have paid full seminar Fees `3er,/ �hnh'- aa;.r= t:.t:r nr�, y, 1 b �.1t: -M,u ❑ S 370 - (ACEO/NACE Member ❑ S 390 - CACEO/NAG Member ❑ $445-Nonmember ❑ 5465-Nan-member ❑ S 175 - Guest ❑ S 195 - Guest Guest name' ,'-txpw 04 I/ ..uti!t.r; `gib. ,W�9:LIt�', i '-0:P.• ., 430-9p.m 800-9am. 8.30-4:00 p.m 9:00 a.m.-12 pm ❑ Registration ❑ CACEO Welcome, Update and Awards ❑ City Attorney Code Enforcement Boot Camp ❑ Certification Reception 9:00 a.m. - 12:00 p.m 8.30 - 10.30 a.m. Test ❑ A Meeting of the Minds - Tap Into the New ❑ Problem Oriented Policing and How it ❑ Roundtable Science of Success Can Work For You Discussion I - 3 pm. 8.30 a.m-12 pm ❑ Navigating Through Community Development and it's ❑ Be Your Own Mentor Relationship with Code Enforcement ❑ Understanding Zoning, Land Use is Planning 1 - 4.30 p m ❑ Foreclosure Focus Updates on Trends and Processes ❑ Amplify Your Emergenetics Results - High Impact 1 - 2.30 p.m. Communication Skills for Success ❑ Code Enforcement Volunteer Program I-4:30 pm. 1:00-430pin. ❑ Legal Aspects/Updates of Code Administi ation ❑ The Art of Leadership ❑ Development and Implementation of a Successful ❑ Development and Implementation of a Successful Property Maintenane code for Today's Code Enforcement Property Maintenance Code for Today's Code Enforcement 3 - 4.30 p.m. Cl Officer Safety Special Threats and Current Trends ❑ The Who, What, Where and How to WIN with 2:30 - 4 30 p in. Systematic Code Enforcement, ❑ Group Homes Where We Hove Been and Where We Are Going INFORMATIONPAYMENT PAYMENT ENCLOSED IN THE AMOUNT OF: $ ❑ Check & ❑ Pay online at www coceo.us n., 21 t9 a •� UMW cF`y OF TK�'9w COUNCIL/RDA MEETING DATE: September 16, 2008 ITEM TITLE: Approval of the 2008 Conflict of Interest Code Biennial Notice RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approval of the 2008 Conflict of Interest Code Biennial Notice. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Political Reform Act requires every local government agency to adopt a unique conflict -of -interest code which lists designated employees within the agency that make or participate in making governmental decisions that could affect their personal economic interests. Every two years, the Act also requires every local government agency to review its conflict of interest code. A Biennial Notice for the city's conflict of interest code is due to the City Council for review no later than October 1, 2008. Staff has prepared the required notice which is attached for the City Council's review and approval (Attachment 1). Necessary amendments to the city's conflict of interest code must be forwarded to the City Council within 90 days of approving the Biennial Notice. Staff will submit an 1 280 ordinance with the necessary amendments to the conflict of interest code for the City Council's review on December 2, 2008. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the 2008 Conflict of Interest Code Biennial Notice; or 2. Do not approve the 2008 Conflict of Interest Code Biennial Notice; or 3. Provide staff with alternative direction. Respectfully submitted, Veronica J. ntecino, City Clerk Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. 2008 Conflict of Interest Code Biennial Notice 1 280 Attachment 1 2008 Multi -County Agency Biennial Notice Name of Agency: Mailing Address: Contact Person: VI ipri („[V AylD y YY+t=G 11 b Office Phone No: -76 o - 77 7- 7 oaf E-mail: VIM Drll-r- no & IQ_9 jjn-F I. Or6I Fax No: %6()-777— 7l D% This agency has reviewed its conflict -of -interest code and has determined that: lYJ An amendment is required. (Check all that apply) Substantive O�Include new positions (including consultants) that must be designated 03�Delete positions that manage public investments from the list of designated positions O Revise disclosure categories O Other (describe) ❑ Code is currently under review by the code -reviewing body. ❑ No amendment is required. The agency's code accurately designates all positions that make or participate in the making of governmental decisions; the disclosure categories assigned to those positions accurately require the disclosure of all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding the designated positions; and the code includes all other provisions required by Government Code Section 87302. Signature afChtef Executive Officer Date All agencies must complete and return this notice, including agencies whose codes are currently under review. Please return this notice no later than October 1, 2008, to: Fair Political Practices Commission 428 J Street, Suite 620 Sacramento, CA 95814 (866) ASK-FPPC Fax (916) 322-3711 281 ce,t,yag..C&qu«rw COUNCIL/RDA MEETING DATE: September 16, 2008 ITEM TITLE: Approval of Contract Change Order No. 10 for Project No. LMC 2005-08, Citywide Landscape Maintenance Services for Fiscal Year 2008/2009 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 15 STUDY SESSION: PUBLIC HEARING: Approve Contract Change Order No. 10, in the amount of $3,412 (Attachment 1) for Project No. LMC 2005-08, Citywide Landscape Maintenance Services for Fiscal Year 2008/2009, with Kirkpatrick Landscaping Services, Inc. FISCAL IMPLICATIONS: Adequate funds for the Citywide Landscape Maintenance Services have been proposed in the Fiscal Year 2008/2009 budget, Account No. 101 -7004-431.34-04, Landscape Maintenance Contract Services - $800,640. CHARTER CITY IMPLICATIONS: This project is funded by the Landscape and Lighting Assessment District 89-1 Funds and the General Fund. Therefore, under the Charter City status, the City is not mandated to pay prevailing wage rates. BACKGROUND AND OVERVIEW: On September 20, 2005, the City Council awarded a contract to Kirkpatrick Landscaping Services, Inc. for the Citywide Landscape Maintenance Contract, Project No. LMC 2005-08 in the amount of $612,000, and appropriated additional funds in the amount of $107,000. This program provides for weekly maintenance of all landscape areas located within the City's medians and perimeter landscape. The Contract Specifications allowed for four (4) one-year extensions renewable at the beginning of each fiscal year through Fiscal Year 2009/2010, at the City's discretion, however, all change orders to this contract require City Council approval. 20 89 On June 6, 2006, the City Council approved a one-year contract extension for Project No. LMC 2005-08, Citywide Landscape Maintenance Services, for Fiscal Year 2006/2007, with Kirkpatrick Landscaping Services, Inc., in the amount of $723,808 and approved Contract Change Order No. 2 in the amount of $107,563. On April 17, 2007, the City Council approved Contract Change Order No.3 in the amount of $2,201 and Contract Change Order No. 4 in the amount of $4,168 for Project No. LMC 2005-08, Citywide Landscape Maintenance Services for Fiscal Year 2006/2007, with Kirkpatrick Landscaping Services, Inc. On June 5, 2007, the City Council approved Contract Change Order No. 5 in the amount of $22,082 and an Amendment to the Citywide Landscape Maintenance Services Agreement, Project No. LMC 2005-08 for Fiscal Year 2007/2008, with Kirkpatrick Landscaping Services, Inc. and authorized the City Manager to execute the Amendment. On October 16, 2007, the City Council approved Contract Change Order No. 6 in the amount of ($6,731) credit, for Project No. LMC 2005-08, Citywide Landscape Maintenance Services for Fiscal Year 2007/2008, with Kirkpatrick Landscaping Services, Inc. On November 6, 2007, the City Council approved an Agreement with Coachella Valley Water District for landscape maintenance at six well sites and approved Contract Change Order No. 7 in the amount of $16,800 for Project No. LMC 2005-08 for Fiscal Year 2007/2008, Citywide Landscape Maintenance Services, with Kirkpatrick Landscaping Services, Inc. On March 18, 2008, the City Council approved Contract Change Order No. 8 in the amount of $4,206 for Project No. LMC 2005-08 for Fiscal Year 2007/2008, with Kirkpatrick Landscaping Services, Inc. On June 2, 2008, the City Council approved Contract Change Order No. 9 in the amount of $18,211 and an Amendment to the Citywide Landscape Maintenance Services Agreement, Project No. LMC 2005-08 for Fiscal Year 2008/2009, with Kirkpatrick Landscaping Services, Inc. and authorized the City Manager to execute the Amendment. Attachment 1 is the proposed Contract Change Order No. 10 in the amount of $3,412. This contract change order is the first of Fiscal Year 2008/2009 and adds the Eisenhower Drive median from Avenida Fernando to Hidden Canyon Drive; Miles Avenue from Vista Dunes to Adams Street and deletes La Quinta Drive median south of Highway 111. 283 A summary of previous contract change orders is as follows: Original Contract Amount $612,000 Contract Change Adds Downtown Parking Lot (Ave Bermudas @ $4,245 Order No. 1 Montezuma), Avenue 50 Median (Park Avenue to Orchard Lane) Contract Change Deletes City Hall Civic Center, Library, Senior Center, $107,563 Order No. 2 Adams Retention and Adds SilverRock Perimeter Contract Change Deletes Eisenhower Drive (Median) (Washington St. to $2,201 Order No. 3 Hidden Canyon Drive) Contract Change Adds Eisenhower Drive (Median) 1500 ft. N of $4,168 Order No. 4 Tampico to Ave. 50), Eisenhower Drive - East Parkway (60 ft. S of bridge to 740 ft. N, Eisenhower Drive - West Parkway Tampico to Evacuation Channel Contract Change Adds Avenue 52 (Median) (Hideaway) (Madison St. to $22,082 Order No. 5 0.5 miles west of Madison), Fred Waring Drive (Median)(Esplanade) (Jefferson to 0.40 miles west of Jefferson), Consumer Price Index (CPI) increase at 2% Contract Change Adds Washington Street (Median) (Ave 48 to Ave 50), ($6,731) Order No. 6 Eisenhower Dr (Median) (Tampico to 600 LF, N of Tampico), and deletes Avenue 52 (Median) Washington St to Jefferson St Contract Change Adds CVWD Well Sites - Saguaro & Date Palm (S/W $16,800 Order No. 7 corner), 46-995 Adams Street (N/W Adams/Ave 47), Las Vistas & Sanita Dr (S/E corner), 52-520 Velasco (South of Ensenada), Ave Bermudas (N/S, at Velasco & Herrera), Hildalgo & Velasco Contract Change Adds Round About (Median & Parkway) (Ave Navarro $4,206 Order No. 8 & Montezuma), Washington St. (Median) (Simon Drive to Ave 47) Contract Change Adds Ave 52 median (Washington Street to Jefferson $18,211 Order No. 9 Street), Ave 52 median (East of Jefferson St to Canal), Washington St at Hwy 1 1 1 (south east corner, DG area), Ave 50 median (Orchard Ln to Jefferson St, Miles Ave perimeter S/S (Seeley Dr east to Property line), and deletes Ave 54 median (Jefferson St to Madison St) Contract Change $3,412 Order No. 10 Total Revised Contract Amount 5788,157 ,... 284 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Contract Change Order No. 10 in the amount of $3,412 for Project No. LMC 2005-08, Citywide Landscape Maintenance Services for Fiscal Year 2008/2009 with Kirkpatrick Landscaping Services, Inc.; or 2. Do not approve Contract Change Order No. 10 in the amount of $3,412 for Project No. LMC 2005-08, Citywide Landscape Maintenance Services for Fiscal Year 2008/2009, with Kirkpatrick Landscaping Services, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, 't". (z L"'-� mothy R. nass n, P.E. Public Works Dire r/City Engineer Approved for submission by: l Thomas P. Genovese, City Manager Attachment: 1. Contract Change Order No. 10 285 ATTACHMENT 1 Tw9p 4 4 4944 CONTRACT: L.M.C. 2008/2009 PROJECT NO. 2005-08 CONTRACTOR: Kirkpatrick Landscaping Services, Inc. 43-752 N. Jackson St. P.O. Box 1807 Indio, CA 92202 CONTRACT CHANGE ORDER NO. 10 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE: Addition of Landscape Maintenance as follows: Location: Turf @ Planter @ Irrigation @ Monthly Annual $0.11832/SF $0.16/SF $0.02693 SF Eisenhower median (Ave Fernando to 0 6,450 SF 6,450 SF $100.48 $1,205.70 Coachella Dr) (8 Palms, 8 trees, 28 It his) _ $1,032.00 = $173.70 Eisenhower median(CoachellaDrtoHidden 0 8,050SF 8,050SF $125.40 $1,504.80 Canyon Dr) (6 Palms, 17 Trees, 10 lights) _ $1,288.00 = $216.80 Miles Ave. median (Vista Dunes to Adams) ( 0 4,500 SF 4,500 SF $ 70.10 $ 841.20 6 Palms Trees) _ $720.00 —$ 121.19 La Quinta Drive median (Hwy I l I to Auto 0 750 SF 750 SF $(11.68) S(140.20) Center. ( 3 Trees, 3 lights) DELETE = S 120.00 = $20.20 TOTAL (rounded u) 1 1 $3,412.00 All other requirements of the Landscape Maintenance Contract (LMC) 2008-2009 shall apply. Previous Contract Amount Through Change Order No. 9 $784,745.00 Add This Change Order $ 3,412.00 Revised Contract Total $788,157.00 Submitted Approved By: Date: We, the undersigned Conh actor, havegiven carefid eonsideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, pe 'min all labor. Except as map be noted above, and pefornn all services necessary to complete the above specified work, and hereby accept as fuli payment the amount shown above, which includes all direct and indirect overhead expenses for any delays Accepted Contractor: Date: 286 i COUNCIL/RDA MEETING DATE: September 16, 2008 ITEM TITLE: Approval of a Request for Proposal to Obtain Professional Engineering Services to Prepare the Plans, Specifications and Engineer's Estimate of Probable Construction Costs for the Village Enhanced Pedestrian Crossings and Traffic Calming Devices, Project Number 2008-04 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 1•A Authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) for the Village Enhanced Pedestrian Crossings and Traffic Calming Devices, Project Number 2008-04, and appoint a consultant selection committee. FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources: CDBG Funds State Gas Tax Funds Total Funding Available: The following is the anticipated project budget: Design: Professional: Inspection/Testing/Survey: Construction: Administration: Contingency: Total: $160,055 $424,393 $589,393 $43,100 $8,620 $42,023 $431,000 $21,550 $38,155 $584,448 .. 23$ As illustrated, adequate funding is available to support staff's recommendation. CHARTER CITY IMPLICATIONS: The project is partially funded with Community Development Block Grant (CDBG) and State Gas Tax funds. As such, the project will be bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The purpose of the project is to install aesthetically pleasing pedestrian crossings and to calm traffic within the City's Village area near "Old Town". Specifically, improvements will be made to Avenida Bermudas, between Calle Tampico and Avenue 52, and to Desert Club Drive, between Calle Tampico and Avenue 52. Improvements to Avenida Bermudas include installing decorative pavers within the crosswalks at the Calle Tampico intersection, an enhanced pedestrian crossing with speed tables immediately south of Calle Estado and adjacent to the Post Office, as many as three speed humps between the new enhanced pedestrian crossing at the post office and Avenue 52, and striped parking lanes between Calle Estado and Avenue 52. Improvements to Desert Club Drive include installing decorative pavers within the crosswalks at the Calle Tampico intersection, as many as five speed humps between Calle Tampico and Avenue 52, and striped parking lanes between Calle Tampico and Avenue 52. On April 15, 2008, the City Council adopted Resolution 2008-023 approving the Fiscal Year 2008/2009 through 2012/2013 Capital Improvement Program (CIP). The Village Enhanced Pedestrian Crossings are included within the adopted CIP and scheduled for funding during Fiscal Years 2008/2009. The RFP to obtain professional engineering services to prepare the PS&E has been prepared and is ready for distribution to qualified consultants. The RFP is attached for the City's Council's review as Attachment 1. The selection process follows the procedures outlined in the La Quinta Municipal Code for "major projects". The procedures require establishing a selection committee, reviewing the proposals, negotiating a contract, and final contract approval by the City Council. The City Manager has tentatively determined that he will appoint the following members to the Selection Committee: 288 Tim Jonasson, P.E. - Public Works Director/City Engineer Nick Nickerson - Project Manager Bryan McKinney - Engineering Services/CIP, Principal Engineer If the City Council wishes to appoint the Selection Committee, it could include one or two City Council Members to participate in the selection process. Should the City Council opt to appoint the Selection Committee, the Selection Committee meetings shall be subject to the provisions of the Brown Act unless the City Council formed a committee consisting only of two City Council members. If the City Council were to also appoint City Staff to the committee, the committee would not qualify as an ad -hoc committee and would therefore be subject to the Brown Act. Contingent upon City Council authorization to distribute the RFP on September 16, 2008, the following is how the project is expected to proceed: Issue RFP Proposal Due Date Recommendations to City Council Project Design (4 months) FINDINGS AND ALTERNATIVES: September 17, 2008 October 21, 2008 November 4, 2008 December 2008 - March 2008 The alternatives available to the City Council include: Authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) for the Village Enhanced Pedestrian Crossings and Traffic Calming Devices, Project 2008-04, and appoint a consultant selection committee; or 2. Do not authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) for the Village Enhanced Pedestrian Crossings and Traffic Calming Devices, Project 2008-04, and do not appoint a consultant selection committee; or 3. Provide staff with alternative direction. 289 Respectfully submitted, Ti othy R. J nas P.E. ublic Works Dire or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Request for Proposal (RFP) 290 ATTACHMENT j CITY OF LA QUINTA REQUEST FOR PROPOSAL PROFESSIONAL ENGINEERING AND DESIGN SERVICES OLD TOWN ENHANCED PEDESTRIAN CROSSINGS AND TRAFFIC CALMING DEVICES, PROJECT NO. 2008-04 The City of La Quinta requests proposals from qualified professional engineering consultants to prepare plans, specifications, and estimates (PS&E), and contract bid documents for Old Town Enhanced Pedestrian Crossing and Traffic Calming Devices, Project 2008-04. Project Description: The purpose of the project is to install aesthetically pleasing pedestrian crossings and to calm traffic within the City's "Old Town" or Village area. Specifically, improvements will be made to Avenida Bermudas, between Calle Tampico and Avenue 52, and to Desert Club Drive, between Calle Tampico and Avenue 52. Improvements to Avenida Bermudas include the installation of decorative pavers within the crosswalks (Refer to Exhibit 1) at the Calle Tampico intersection, the installation of an enhanced pedestrian crossing with speed tables (Refer to Exhibit 2) immediately south of Calle Estado and adjacent to the Post Office, the installation of as many as three speed humps between the new enhanced pedestrian crossing at the post office and Avenue 52, and striped parking lanes between Calle Estado and Avenue 52. Improvements to Desert Club Drive include the installation of decorative pavers within the crosswalks (Refer to Exhibit 1) at the Calle Tampico intersection, the installation of as many as five speed humps between Calle Tampico and Avenue 52, and striped parking lanes between Calle Tampico and Avenue 52. Considering safety, aesthetics and the existing conditions of both corridors, the design consultant will evaluate and recommend the appropriate type of speed humps to be used. Services Requested Services and products to be rendered in performing all work associated with project development may include, but may not be limited to: • Perform appropriate engineering related field survey, and prepare base maps; • Perform utility coordination and obtain clearances. The Consultant will be required to provide its utility coordination documentation to the City at the conclusion of design; • Prepare a brief written evaluation which analyzes the different types of speed humps available and recommends the type of speed hump that should be used within the Village environment; • Prepare project plans, specifications and engineer's estimates of probable construction costs for the approved enhanced pedestrian crossings and 291 traffic calming devices, including landscape and irrigation plans, as appropriate, for the Avenida Bermudas enhanced pedestrian crossing with speed tables. o Project plans shall be at 40 scale. o Project Specifications and Bid Documents will likely include a detailed project description, preparation of bid schedule, bid item descriptions, payment methods, special provisions, technical specifications, geotechnical report, and any specification detail sheets specific to the project. • Consultant coordination will include an appropriate number of meetings with City staff. The consultant may be required to attend a City Council meeting. The design consultant will be expected to attend the pre -bid meeting and will respond to contractor request for clarification or information during the bid process. • Consultant will assist the City during the construction phase by responding to Requests for Information (RFI) and provide clarification on its plans as necessary. Project Development Process 1 . Pre -Design Meeting Initial meeting between the consultant and City staff to clarify project design objectives. Agency Approval Consultant will submit PS&E and/or other necessary documents to City to obtain approval. At a minimum, the consultant should plan for the following plan check submittals: (1) 1 st Review - Concept Review (2) 2nd Review - 85-90% Check Plans & Specs (3) 3rd Review - 100% Check Plans, Specs, & Engineer's Estimate (4) 4th Review - Preliminary Final (screen check) B. Staff approved PS&E will be submitted to the City Council for approval. C. All approved plans will be provided to the City on compact disk in AutoCAD 2000 or higher format, as well as on "D" size Mylar. Specification documents, including technical specifications, will be provided on digital medium disks in Microsoft Word for Windows format. The Engineer's estimate will be provided in Excel for Windows format. 292 Bidding Phase The consultant will be expected to provide technical support during the bidding and award process. Construction Phase The consultant will be expected to provide technical support during the construction phase. This work objective will include the review and response to Requests for Information (RFI) and/or contractor questions. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. Proposal packages are to be submitted to the City on/or before Tuesday, October 21, 2008 at/or before 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Nick Nickerson, Project Manager City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: Work Proposal (envelope 1) - submit 4 copies Cover Letter (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and individual resumes for prime and sub - consultants. (2) Consultant's and sub -consultant experience with similar work, including names and current phone numbers of reference for listed projects. 293 Project Understanding and Approach A description of your project understanding, and how you will approach the project. Scope of Work A description of the tasks, sub -tasks, and deliverables that will be provided. Project Schedule A project schedule is to be submitted describing the nature and scheduling of proposed tasks and reflecting November 17, 2008 as the start date. Cost Proposal (envelope 2) — submit 2 copies The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each defined task and/or sub -task. Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may or may not choose to interview two or more closely -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. The City will open contract negotiations with the top -ranked firm. The successful consultant will be expected to enter into the attached Professional Services Agreement. Exhibits 1. Decorative Paving Motif 2. Enhanced Pedestrian Crossing Construction Details 3. Professional Services Agreement 294 CITY OF LA QUINTA COST PROPOSAL SHEET OLD TOWN ENHANCED PEDESTRIAN CROSSINGS AND TRAFFIC CALMING DEVICES, PROJECT NO. 2008-04 The following is a summary of costs to provide the services outlined in the Request for Proposals for professional engineering consultants to prepare the PS&E for the Old Town Enhanced Pedestrian Crossings and Traffic Calming Devices, Project No. 2008-04 and will be used as the basis for negotiating a Professional Services Agreement: Project Area Total Fixed Fee Avenida Bermudas Desert Club Drive TOTAL LUMP SUM FIXED FEE: $ Attached herein is a detailed man-hour and fee breakdown for each of the project areas by task and sub -task as defined within our proposal. Prime Consultant Date Signed ,,.,. 295 EXHIBIT 1 Ws w 0 a CD o 0 d N Ul m Q cr CO G co N 0 N m N N 2 O O a � d W D v f!/ c W a Q z rop as U V o 'a m m t- r d d m m U U 296 EXHIBIT 2 ail a a„g � 9 9 pp5e 7 1 Cp� i58i p=9 c 1y e1 ec° 1 - 4 I 1€.1 y� .I 9B I@ .11 d !! 6 a. 1 oil 1 5 O 000 O 0 00000 0 291 Last Revised 1-19-07 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Project No. , as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work and Standard of Work. »... 298 a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may .be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Dollars ($ ) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the 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, 299 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 Contractor 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 1 _ 200 and terminate on 1 200 (initial term). This agreement may be extended for additional year(s) upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 300 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or 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. 301 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 Iniury/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 ,,.,., 302 additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability• When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, 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 �... 303 agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 304 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. �... 305 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 306 by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking 301 any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 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 308 City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 309 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. �... 310 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 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: To Consultant: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 312 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. 313 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: Veronica J. Montecino, CIVIC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: By: _ Name: Title: 314 Date: 315 Last Revised 1-19-07 Exhibit A Scope of Services 316 Last Revised 1-19-07 Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed ($ 1 except as specified in Section 1.6 - Additional Services of the Agreement. 317 Last Revised 1-19-07 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. Last Revised 1-19-07 Exhibit D Special Requirements 3l9 T4*y aF XPQ4!«rw COUNCIL/RDA MEETING DATE: September 16, 2008 ITEM TITLE: Approval of Plans, Specifications, and Engineer's Estimate and Authorization to Advertise for Bids for a Sand Volleyball Court at Adams Park, Project No. 2008-08 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: r� CONSENT CALENDAR: / STUDY SESSION: PUBLIC HEARING: Approval of Plans, Specifications, and Engineer's Estimate (PS&E) and authorization to advertise for bids for a Sand Volleyball Court at Adams Park, Project No. 2008-08. FISCAL IMPLICATIONS: The Fiscal Year 2008/2009 Capital Improvement Program includes $65,000 for the design and construction of a sand volleyball court (Account No. 401-1797-551.45- 01). BACKGROUND AND OVERVIEW: City Council directed staff to research the costs and locations for the installation of a Sand Volleyball Court at a park in La Quinta. Staff contacted neighboring cities and consolidated information on construction costs. The engineers estimate for construction is $60,000. Staff toured the City's park sites and narrowed the possible locations to Adams Park and the Season's Retention Basin. The Adams Park location is an open turf area on the southeast section of the park with existing picnic tables and benches. The advantage for Adams Park is the location, which is at the corner of Adams Street and La Palma Drive. The disadvantage is lack of room for additional sand volleyball courts. The Season's Retention Basin is regarded by residents as a park because of an existing playground in the basin. The Season's Retention Basin is five acres and is maintained under the Public Works Department Landscape and Lighting District. There is a location for the volleyball court on the east end. The advantage of the Season's location is relief from the wind and room for additional sand volleyball courts. The disadvantage is the location, which is within a neighborhood. There is also potential For flooding. After a rain event, it may be necessary to replace the sand in the volleyball court. On September 8, 2008, the Community Services Commission reviewed the possible locations of Adams Park and the Season's Retention Basin and recommends the sand volleyball court be constructed at Adams Park. The PS&E for the Sand Volleyball Court Construction are being completed and will be detailed specifically for Adams Park. Contingent upon City Council authorization, staff will advertise the project for bids on October 24, 2008 the following is the anticipated project schedule: City Council Approves PS&E Advertise Project City Council Awards Contract Construction Project Acceptance FINDINGS AND ALTERNA September 16, 2008 September 22, 2008 November 18, 2008 November 24, 2008 to January 8, 2009 January 20, 2009 Alternatives available to the Agency include: 1. Approve the Plans, Specifications, and Engineer's Estimate (PS&E) and authorize staff to advertise for bids for a Sand Volleyball Court at Adams Park, Project No. 2008-08. 2. Do not approve the Plans, Specifications, and Engineer's Estimate (PS&E) and authorize staff to advertise for bids for a Sand Volleyball Court at Adams Park, Project No. 2008-08. 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylt Community Services Director Approved for submission by: Thomas P. Genovese, Executive Director 321 L4-n- a4 `ems 4 XPaumrw CF`N OF COUNCIL/RDA MEETING DATE: September 16, 2008 ITEM TITLE: Approval of an Advance from the General Fund to the SilverRock Golf Enterprise Fund RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve an advance of $949,269 from the General Fund to the SilverRock Golf Enterprise Fund to cover operations for Fiscal Year 2007/2008. FISCAL IMPLICATIONS: The Fiscal Year 2007/2008 advance to cover operating losses from the SilverRock Golf Course is $949,269 for operations ($865,985 in principal and $83,284 in interest on the outstanding advances. This advance request is based upon the annual audit which was conducted in August. Last year's Fiscal Year 2006/2007 SilverRock Golf Enterprise Fund advance was $889,368. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City entered into a management agreement with Landmark Golf to operate the SilverRock Golf Course. Landmark was advanced $250,000 to use to pay operating expenses for golf course operations. Twice per month Landmark Golf requests a reimbursement for its expenses which are approved by the Community Services Department and a wire transfer is processed by the Finance Department to replenish the balance back to the $250,000 level. The Fiscal Year 2007/08 SilverRock original budget projected a $923,685. During the course of the year $33,126 in budget amendments were approved which increased the deficit to $956,811. As previously mentioned, the actual operational deficit was $865,985 which is $90,826 less than had been anticipated. 3''3 The following chart lists the advances the City Council has entered into and the actual amount spent through June 30, 2008. SILVERROCK ADVANCES CURRENT TRANSACTIONS Product Sales Advance Advance for Inventory(actual) Liquor License Food & Beverage Opening Inventory Pro Shop Opening Inventory Pre -Opening FFE Equipment Sub -total Interest on Advances - FY 04/05 Interest on Advances - FY 05/06 Interest on Advances - FY 06/07 Interest on Advances - FY 07108 Sub -total Operations - FY 04/05 (1) Operations - FY 05/06 Operations - FY 06/07 Operations - FY 07/08 Sub -total (1) FY 04/05 was a partial year APPROVED TRANSACTIONS 250,000 25,330 45,000 15,000 80,000 71,000 486,330 260 13,364 69,733 83,284 166,641 305,658 875,674 819,635 865,985 2,866,952 3,519,923 APPLIED THRU 6/30/2008 250,000 20,251 1,000 67,328 43,100 381,679 260 13,364 69,733 83,284 166,641 305,658 875,674 819,635 865,985 2,866,952 AVAILABLE 5,079 44,000 15,000 12,672 27,900 104,651 3,415,272 104,651 Staff is requesting an additional advance $949,269 for operations 0865,985 in principal and $83,284 in interest) on the outstanding advances for a total of $3,415,272 outstanding as of June 30, 2008. It should be noted that next year's Fiscal Year 2008/2009 budget also projects a loss of $759,645 which will also require a future advance. It is anticipated that these advances will be repaid from future golf course net income that is generated in future years. The outstanding advances will be charged the Local Agency Investment Fund (LAIF) earnings rate on a quarterly basis. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 323 1. Approve the advance from the General Fund to the SilverRock Golf Enterprise Fund for $949,269; or 2. Do not approve the advance from the General Fund to the SilverRock Golf Enterprises Fund; or 3. Provide staff with alternative direction. Respectfully submitted: John M. Falconer, Finance Director Approved for Submission by: Thomas P. Genovese, City Manager 3414 f COUNCIL/RDA MEETING DATE: September 16, 2008 ITEMTITLE: Approval of Contract Change Order Number 1 for the Avenue 54 Median Landscape Improvements, Project No. 2006-09 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: _ L1 STUDY SESSION: PUBLIC HEARING: Approve Contract Change Order No. 1 (Attachment 1 ) to the Avenue 54 Median Landscape Improvements Project No. 2006-09 for the Construction of landscape enhancements to the Airport Boulevard Median Islands. FISCAL IMPLICATIONS: This change order will add decomposed granite, boulders and artificial turf to the unimproved medians on Airport Boulevard west of Monroe Street. This change order will be funded from the Landscape Maintenance Operating Supplies Account No. 101- 7004-431 .56-52. The following is a budget summary: Avenue 54 Median Landscape Improvements Construction Budget Transfer of funds from Landscape Account # 101 -7004-431.56-52 Project Award Amount Pending Contract Change Order No. 1 Remaining Balance As indicated above, sufficient funding exists for this contract change order. $ 628,859 $ 80057 $ 581:160 $ 80,057 $ 47,699 326 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On March 18, 2008, City Council directed staff to investigate enhancing the Airport Boulevard Medians by installing decomposed granite and boulders in the median islands located between the Village at the Palms Entrance and Monroe Street (Attachment 2). In order to reduce the cost of the improvements, no irrigation or landscaping was to be installed. The budget for the landscape improvements was set at $80,000 (Attachment 3). On May 6, 2008, City Council awarded a contract for $581,159.60 to Sierra Landscape Company, Inc. to construct the Avenue 54 Median Landscape Improvements, Project No. 2006-09. A change order has been prepared to include the Airport Boulevard median improvements in this contract. Since the work on Airport Boulevard is similar to that required for Avenue 54 staff believes this contractor can perform the work most economically for the City. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve Contract Change Order No. 1 to the Avenue 54 Median Landscape Improvements Project No. 2006-09 for the Construction of Landscape Enhancements to the Airport Boulevard Median Islands.; or 2. Do not approve Contract Change Order No. 1 to the Avenue 54 Median Landscape Improvements Project No. 2006-09 for the Construction of landscape enhancements to the Airport Boulevard Median Islands.; or 3. Provide staff with alternative direction. 3�6 Respectfully submitted, w t4aothy R. na s n, P.E. Public Works Dir for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Contract Change Order #1 2. Airport Boulevard Median Enhancement Concept Drawing 3. Airport Boulevard. Median Enhancement Cost Estimate and Bid 3�- SEP/09/2008/TUE 05:38 PM Sierra Landscape Co. FAX No,760 328 8944 09/09/2000 SUE 17:04 PAX 760 777 7155 La Quinta Public works P. 001/001 j�001/001 ATTACHMENT 1 T-&f 4 4 Qxwfij CONTRACT: ' Avenue 54 Median Landscape Improvements CONTRACTOR: Sierra Landscape Campany, lic. 73-771 Dinah Shore Drive, Suite 200 Pahn Desert, Ca. 92211 Sheet I oft PROJECT NO.2006-09 CONTRACT CHANGE ORDER NO. I Potsumu to the terms ofthe original Contract Agreement, You are hereby directed to makethe herein described changes or dotbe following daoacd worknot included is the pima and specifications for this Contract Unless otherwise stated all work shalt conform to the terms, general cgnditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE This Contract Change Order allows for the installation of Desert Gold Fines, Boulders and Synthetic Toff in the center median islands on Airport Boulevard Rom the Village of the Palms Enhance to Mourne Street, as per the attached Bid Schedule. Amount S 80,057.00 2�921 Contract Amount 1 S 581 159,60 Add This Change Order No. 1 I $ 80,057.00 Revised Contract Total 1 $ 661,216.60 By reason of riffs contract change order the time or completion is adjusted as fo0ows: .21. working dm+s added to convect 1inm The raised contract completion date skill be: 11fo5108 Submitted By: Date: Approved By: Date: We, the undersigned Cox t ariaP. haw given comfbl cowideralimia Aeckaagepmpora! and hereby arm, if this proptwat is appraM4 thdtwe will provide all equipment, furnish all mferials, perform all labor, eraept as awry be noted above, and perform all services nem amytd daatplete'the above rpadfled work and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays Accepted 0 Date- 9I ra Qati*Wa6PahCr.t�Vl tit raa,6CrB�i_COMTA "M 0" AVE, 54 MEDMI LMS)SCA.maaRAO�atPwra,G0N9ra11CnatlaaaGAaeS PAYM kCCO%V.MP MWM=AWamAracMWEKrjcwriDac . fir' 1 4v- y i j I Ar SA � f .jai 7 If •` y f Flli t� n f t � IE r I� � tf y l i � 1 y � LA CITY OF LAQUINTA ATTACHMENT 3 AIRPORT BLVD MEDIAN LANDSCAPE ENHANCEMENT AIRPORT BLVD MEDIAN LANDSCAPE ENHANCEMENT- COST ESTIMATE BASE 13101-D.G. AND BOULDERS ONLY ITEM NO. DESCRIPTION OW I UNIT UNITPRICE PRICB 1 MOBILMATION I IS 2 TRAFFICCONTROL I LS l DUSTCONTROL I IS 4 CLEARING AND GRUBBING/GRADING I LS S INSTALL DECORATIVE "CRESTA" BOULDERS, 3k3V 60 EA $75.00 SIA00.00 6 FURNISH AND INSTALL 'DESERT GOLD' PINES Y THICK7 39,000 SF SOAO $15400.00 FURNISH/ INSTALL SYNTHETIC TURF 0 SF $6.10 $0.00 8 FURNISH / INSTALL PERMALOC ALUMINUM EDGING 0 LF $6.00 SOAO Total: Concept N 1- D.G., Boulder, Synthetic Thry and Edging ITEM NO. DESCRWTION OTY Olg[I UNIT PRICE EXTENDED PRICE I MOBILIZATION I LS 17M4Z nn t1DW, a 2 TRAFFIC CONTROL I LS 0W.0P OD 3 DUST CONTROL I IS jiW—co r6�620, 4 CLEARING AND GRUBBING/GRADING 1 IS ��V.ez 9go. 5 INSTALL DECORATIVE"CRWA" BOULDERS. 3k3k3' 60 EA $75.00 $4.500.00 6 FURNISH AND INSTALL'DESERT GOLD" PINES r THICK 01;390 SF I $0.40 7 FURNISH/INSTALL SYNTHETIC TURF 74, 1� SF $6.10 'l�,�i(p.00 114Yal.,0 8 FURNISHIDISTALLPERfiWACALUMMURDGING / (} 1F $6.00 7$gp•00 Total: 86 057.00 Concept N 2-D.G., Boulder, Synthetic Tur4 and Edging MIND. DESCRIPTION Ow Um UNIT PRICE EXTENDED PRICE I MOBILIZATION 1 LS 2 TRAFFIC CONTROL 1 IS 3 DUST CONTROL 1 IS 4 CLEARING AND GRUBBING/GRADING I LS 5 INSTALL DECORATIVE"CRESTA" BOULDERS, V,,N.T 60 EA S75.00 54,500.00 6 � AND INEM'DESERT GOLD' FINES 2" 33,300 SF $0.40 S13,R0.00 7 FURNISH/ INSTALL SYNTHETIC TURF 5,200 SF $6.10 331,720.00 8 FURNISH INSTALL PERMALOC ALUMINUM EDGING 330 IF $6.00 $1,980.00 Total: Qua ddearta EsdammesOnly. Unft Prices Baud m Aw 54 M4snLwderW9W Pdcm. Contractor shall Pam quality tako ^ aced advin City ofany diunMnUu in the gaanddes. LemadLSLSmm,c 8/160 331 F F`y of TN60 COUNCIL/RDA MEETING DATE: September 16, 2008 AGENDA CATEGORY: ITEM TITLE: Approval to Award a Contract to Hazard Construction, in the amount of $389,971, to Construct the Eisenhower Drive Rehabilitation Improvements for Bid, Project No. 2007-18A RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: 9'C) STUDY SESSION: PUBLIC HEARING: Award a contract in the amount of $389,971, to Hazard Construction to construct the Eisenhower Drive Pavement Rehabilitation Improvements for bid, Project No. 2007-18A. FISCAL IMPLICATIONS: Eisenhower Drive (Avenue 50 to 1600 feet north) The following is the project's proposed funding and funding sources: RDA Project Area No. 1 Total Funding Available: $620,501 $620,501 Based upon the low bid received from Hazard Construction, in the amount $389,971, the following is the anticipated project budget: Design: Inspection/Testing/Survey: Construction: Contingency: Total: Adequate funding is available to support staff's recommendation. $42,125 $ 32, 647 $389,971 $155,758 $620,501 333 CHARTER CITY IMPLICATIONS: The Eisenhower Drive project is funded with RDA Project Area No. 1 funds. As such, the project will be bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: 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 to the north of Avenue 50. The project also includes signing and striping, and other minor street improvements to allow for golf cart paths on the east side of Eisenhower Drive between Avenue 50 and Avenida Fernando and on the west side of Eisenhower Drive between Avenue 50 and the entrance to the La Quinta Resort. Staff anticipates that the connection between the resort entrance and Avenida Fernando will be made on Eisenhower Drive as part of the resort's entrance improvements. On December 4, 2007, the City Council awarded a design contract to Dudek Inc., of Palm Desert, CA in the amount of $69,795 to prepare plans, specifications and an engineer's estimate for the Avenue 58 and Eisenhower Drive Pavement Rehabilitation Improvements, Project No. 2007-18, and the Golf Cart Route Improvements on Eisenhower Drive, Project No. 2007-09. Of the amount awarded, $21,320 was associated with designing the Eisenhower Drive pavement rehabilitation improvements and the golf cart route. 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 Funds for the Eisenhower Drive Pavement Rehabilitation Improvements, Project No. 2007-18. On October 2, 2007, the Redevelopment Agency adopted a Resolution of the Redevelopment Agency of the City of La Quinta Making Certain Findings Pursuant to Health and Safety Code Section 33445(a) and authorizing the expenditure of funds for the Eisenhower Drive Pavement Rehabilitation Improvements, Project No. 2007-18. On August 5, 2008, the City Council approved the plans, specifications and engineer's estimate (PS&E) and authorized staff to advertise the Eisenhower Drive Pavement Rehabilitation Improvements for bid, Project No. 2007-18A. On September 5, 2008, three sealed bids were received for the construction of this project. Hazard Construction submitted the lowest responsive combined bid in the amount of $389,971. A detailed bid comparison summary is provided for the City Council's review as Attachment 1. Contingent upon City Council authorization to award a contract to Hazard Construction on September 16, 2008, the following is the anticipated project schedule: City Council Awards Contract September 16, 2008 Sign Contracts and Mobilize September 17 - 30, 2008 Construction October 2008 — December 2009 Project Close-out January 2009 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Award a contract in the amount of $389,971, to Hazard Construction to construct the Eisenhower Drive Pavement Rehabilitation Improvements for bid, Project No. 2007-18A; or 2. Do not award a contract in the amount of $389,971, to Hazard Construction to construct the Eisenhower Drive Pavement Rehabilitation Improvements for bid, Project No. 2007-18A; or 3. Provide staff with alternative direction. Respectfully submitted, Ju othy R. nasP.Elic Works Direc r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Bid Comparison Summary 334 Q z < <�<f K LU j> I�fn GaoZ 5W�° ORWQ >❑pa UOf w K O � ELU O ❑ Z W N W 0 0 0 0 0 0 0 0 0 0 0 0 0 coo O O O 00 O O c O 00 O C 00 O 0 O 0 On 0 00o O O O e P o P 00 10 0 N 0 C 0o N O e. .+ O k1 O O O O O 0,1 O i) iii fH V3� •F M I Y3 V3 l/ ei H3 Yf FA N N N � y a � � � .» is f9 N v w F9 N � k v3 vi vi si 0 000 00 0 00 0 0 0 0 000 om Ana ,o s. U o00 00 0 0o Mo v a — fn o — o C O O O �l N O Vi N Vi Y3 W Vi h n. cc cc e 0 o00 0 0 0 00 0 0 o 0 Co o b =o o 0 0 0 0 .�i 0 o0o 0 0 w v 0 �ih 0 z ZZ 0 e C O [V o O v) N 0 O 0 :i 0 b o o W n C V vl o W Ll ^J o N (� O a vl V P v C V r- W t W e 69 Z U LO r t�1 V V b r N - b Vl .� M C R b M VI 'J � C fA Yf fA Vi -� N V3 V3 6^ FA F9 H3 V3 69 H3 VI w V� in Ni N VI .L. X a vi w C � O U 000 00 0 00 00 o h o 00o ran Q 9 Ooc o0 o no c o o b o0o voo z z � C O N z a 0 0 0 o c o 0 0 0 o G e G G 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 V GC 0 O v�J 0 O 0 O V 0 J o O b c O O o C O 0 Q O 0 P O 0 O �n 0 O r 0 P N z z z 0 O Y � o 0 o e m o 0 0 �o U. w ... vi r" G � O O O O O O O O� O O O O O O O O O O G G •C u O C O O O O O O O O C O O O .. O O - O O O N O W O M O N O C O O vl O M V z z L a O O O V O 6i V Yi N O U F' =°w= is `w is w z '^ c o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C C o C 0 c o o c c o 0 C c 0 o e o 0 0 0 0 0 0 0 G ki o0o O O O cc O O o O 0o O O rvo V O �n n c o00 1 O O O r O oc V I P r O vin N r r O v V vl v� v v V O P � - - V3 - fA Vi Vi W EA EA EA Vi 69 69 O O C v O V M F. a H3 03 F/i Vi V3 N v Ni N R m U o 0 0 0 0 0 0 0 0 'J FA M Z' O N v1 � C E9 69 FA . H3 - =A 69 � 69 4l3 H3 _ Yi Ya V3 FA N Vi 69 O O O O O O min d' ._ N O V O M - N Y a z z o 0. S �i a o PF1 O_ O > b JI N ✓' r0 y '� y O L L ^ 00 CO c41 m m Vl EG a z Lo 12P O lC m C Q Q 35 okDTW�D �W t - (��/^ ` 1 COUNCILIRDA MEETING DATE: September 16, 2008 AGENDA CATEGORY: BUSINESS SESSION: oZ ITEM TITLE: Denial of Claims for Damages Filed by: PW CONSENT CALENDAR: Construction, Inc.; Dates of Loss — February 9, 2007; August 29, 2007; September 21, 2007 STUDY SESSION: PUBLIC HEARING: Deny the Claims for Damages filed by PW Construction, Inc., with reported dates of loss of February 9, 2007, August 29, 2007 and September 21, 2007. FISCAL IMPLICATIONS: The total amount of the claims is in excess of $619,000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Three claims were filed by PW Construction, Inc. with reported dates of loss as follows: Project La Quinta Museum Vista Dunes Courtyard Homes City Hall Expansion Anticipated Completion Date February 9, 2007 August 29, 2007 September 21, 2007 Copies of all three claims are included (Attachment 1). The City Attorney and the Building and Safety Director have reviewed these claims and concur that they are unfounded, and recommend the City Council deny the claims. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Deny the Claims for Damages filed by PW Construction, Inc., with reported date of loss of February 9, 2007, August 29, 2007 and September 21, 2007; or 2. Accept the claims, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Bret . Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. PW Construction, Inc., Claims for Damages 2 3'D IA9Procopio' Pmccoo, Cory. Hargreaves 8 Savdch LLP 2069 i'J) 7 PM 2 27 G � , Y MiAb&90, 2008 C.I VIA CERTIFIED MAIL- RETURN RECEIPT REQUESTED ATTACHMENT 1 Katherine M. Knudsen Dimt Dial (619) 515-3206 E-mail: knik@r owpo man Personal Fax: (619) 744.5425 Veronica Montecino Thomas P. Genovese City Clerk City Manager and Contract Officer City of La Quinta City of La Quinta 78-495 Calle Tampico 78-495 Calle Tampico La Quinta, CA 92253 La Quinta, CA 92253 Re: Our Client: PW Construction, Inc. Project: La Quinta Museum 77-885 Avenida Montezuma La Quinta, California Owner: City of La Quinta Dear Sirs: Please be advised this office is counsel for PW Construction, Inc. ("Claimant") in connection with the above referenced work of improvement. Please consider this letter as a formal amended demand by Claimant pursuant to California Government Code section 910, et seq. The Claimant, PW Construction, Inc., has its address at 1905 E. Route 66, Suite 200, Glendora, California 91741. The following facts give rise to this action: In or about November 2006, Claimant and the City of La Quinta ("City") entered into a Professional Services Agreement by which Claimant agreed to provide construction management services for the design, bid/award, construction, and close-out phases of the La Quinta Museum Project located at 77-885 Avenida Montezuma, La Quinta, California. The original Agreement price was $157,500 for 15 months of construction management services. Claimant was to be paid $10,500 each month. At the commencement of Claimant's services, the Project began experiencing delays. Due to delays caused by either the City or the City's design consultants, the design completion date extended beyond the original design completion date of two months. Further, the bid/award phase of the Project exceeded the original bid/award completion date of two months due to the City delaying in its issuance of the Notice to Proceed. The City awarded the contract to the general contractor on April 3, 2007. 'However, the City did not issue the Notice to Proceed until 62 8 Shea Bale 2100 • Ban 0lepa, CA 92101-4469 • T. 619.238.19" F. 619.205.0398 Wth Ce 1, (Mite i91Palcr.a O.:hs'Nay FUN: AYJ • . a,kh „I (;A FiDS6 G5' I • 1 760 911 97UD 1 760931 1155 W W W. g f o C 0 p o9s, 6/ 00 0000/948145.02 33B 4Procopic Thomas P. Genovese Veronica Montecino August 5, 2008 Page 2 June 25, 2007. Further, there were delays caused by revisions to the civil drawings. Finally, there were delays during the construction of the Project. None of these delays were caused, in part or in whole, by Claimant. Pursuant to the original Schedule, Claimant's services were to commence on or about November 9, 2006, and complete on or about February 9, 2007. However, through no fault of the Claimant, Claimant's construction management services were not completed until on or about June 25, 2008. Thus, Claimant was significantly delayed by the City in completing its services on the Project. Pursuant to the terms of the Professional Services Agreement, the time period for the performance of the construction management services "shall bey extended because of any delays due to unforeseeable cause beyond the control and fault or negligence" of Claimant. As the delays to the Project were due to unforeseeable causes beyond the control of Claimant, Claimant is entitled to additional compensation for each month the Project exceeded the original schedule. However, the City has refused to compensate Claimant for each month beyond the original 15- month schedule, in spite of Claimant's compliance with the terms and conditions of the Professional Services Agreement. As a direct and proximate result of the foregoing breaches by the City, Claimant has suffered costs and expenses as and for additional cost of performance and damages for delays and related claims. Although not fully ascertained at this time, the amount of the claim is in excess of $47,000. Accordingly, in accordance with the provisions of California Government Code section 910(f), jurisdiction over the claim would rest in the Superior Court of the County of Riverside. Claimant desires notices concerning this claim be sent to Craig A. Ramseyer/Katherine M. Knudsen, Procopio, Cory, Hargreaves & Savitch, 530 B Street, Suite 2100, San Diego, CA 92101, telephone number 619-238-1900. You are requested, pursuant to the applicable provisions of the California Government Code to adjust and settle this claim at the earliest possible date. Very truly yours, Katherine M. Knudsen KMK/cmg cc: PW Construction, Inc. 339 109516/000000/948145 02 �Procopiu Procopio, Cory, Hargreaves & Savitch LLP August 1, 2008 VIA CERTIFIED MAIL - RETURN RECEIPT REOUESTED KKY7> Katherine M. Knudsen Direct Dial: (619) 515-3206 E-mail kmk@procopto.com Personal Fax. (619) 744-5425 Veronica Montecino Thomas P. Genovese City Clerk City Manager and Contract Officer City of La Quinta City of La Quinta 78-495 Calle Tampico 78-495 Calle Tampico La Quinta, CA 92253 La Quinta, CA 92253 Re: Our Client: PW Construction, Inc. Project: Vista Dunes Courtyard Homes 78990 Miles Avenue, La Quinta, California Owner: City of La Quinta Dear Sirs: Please be advised this office is counsel for PW Construction, Inc. ("Claimant") in connection with the above referenced work of improvement. Please consider this letter as a formal demand by Claimant pursuant to California Government Code section 910, et seq. The Claimant, PW Construction, Inc., has its address at 1905 E. Route 66, Suite 200, Glendora, California 91741. The following facts give rise to this action: In or about December 2005, Claimant and the City of La Quinta ("City") entered into a Professional Services Agreement by which Claimant agreed to provide construction management services for the design, bid/award, construction, and close-out phases of the Vista Dunes Courtyard Homes Project located at 78990 Miles Avenue, La Quinta, California. The original Agreement price was $625,000 for 20 months of construction management services. Claimant was to be paid $31,250 each month. At the commencement of Claimant's services, the Project began experiencing delays. Due to delays caused by either the City or the City's design consultants, the design completion date extended beyond the original design completion date of four months. Further, the bid/award 530 B Street, Suite 2100 • San Diego, CA 92101-4459 • T. 619.238.1900 F 619.235.0398 340 r O No, � ountyOff i I' - ... 9 il: h 7t,p99! 11 a, N1w4 pr000p19 Ci:'<___-- Procopio' Veronica Montecino Thomas P. Genovese August 1, 2008 Page 2 phase of the Project exceeded the original bid/award completion date of two months. Finally, there were significant delays during the construction of the Project due to the Coachella Valley Water District ("CVWD") revising its sewer design. The construction phase of the Project commenced on or about September 21, 2006, and in or about November 2006, the CVWD decided to change its sewer tie-in location and would not permit the sewer work to commence until the re -design was completed. The re -design of the sewer tie-in location took several months and the City essentially stopped the construction of the Project until the re -design was complete. In addition, there have substantial scope of work changes to the Project, including the change to a LEED platinum project, which impacted the timely completion of the Project. Further, there were delays caused by, inter alia, civil design issues and quality control issues. None of these delays were caused, in part or in whole, by Claimant. Pursuant to the original Schedule, Claimant's services were to commence on or about December 29, 2005, and complete on or about August 29, 2007. However, through no fault of the Claimant, Claimant's construction management services were not completed until on or about July 6, 2008. Claimant substantially exceeded its original anticipated duration period. Thus, Claimant was significantly delayed by the City in completing its services on the Project. Pursuant to the terms of the Professional Services Agreement, the time period for the performance of the construction management services "shall be extended because of any delays due to unforeseeable cause beyond the control and fault or negligence" of Claimant. As the delays to the Project were due to unforeseeable causes beyond the control of Claimant, Claimant is entitled to additional compensation for each month the Project exceeded the original schedule. However, the City has refused to compensate Claimant for each month beyond the original 20- month schedule, in spite of Claimant's compliance with the terms and conditions of the Professional Services Agreement. As a direct and proximate result of the foregoing breaches by the City, Claimant has suffered costs and expenses as and for additional cost of performance and damages for delays and related claims. Although not fully ascertained at this time, the amount of the claim is in excess of $320,000. Accordingly, in accordance with the provisions of California Government Code section 910(f), jurisdiction over the claim would rest in the Superior Court of the County of Riverside. 341 I n"I AI N MOO/94RARA 01 Off' Procopio Veronica Montecino Thomas P. Genovese August 1, 2008 Page 3 Claimant desires notices concerning this claim be sent to Craig A. Ramseyer/Katherine M. Knudsen, Procopio, Cory, Hargreaves & Savitch, 530 B Street, Suite 2100, San Diego, CA 92101, telephone number 619-238-1900. You are requested, pursuant to the applicable provisions of the California Government Code to adjust and settle this claim at the earliest possible date. Very truly yours, Katherine M. Knudsen KMK/cmg cc: PW Construction, Inc. 342 109516/000000/948086.01 gProcopiou Procopio, Cory, Hargreaves & Savhch LLP August 1, 2008 VIA CERTIFIED MAIL - RETURN RECEIPT REOUESTED s� Katherine M. Knudsen Direct Dial (619) 515-3206 E-mail kmk@pmcopio.com Personal Fax* (619) 744-5425 Veronica Montecino Thomas P. Genovese City Clerk City Manager and Contract Officer City of La Quinta City of La Quinta 78-495 Calle Tampico 78-495 Calle Tampico La Quinta, CA 92253 La Quinta, CA 92253 Re: Our Client: PW Construction, Inc. Project: City Hall Expansion La Quinta Civic Center Campus Owner: City of La Quinta Dear Sirs: Please be advised this office is counsel for PW Construction, Inc. ("Claimant") in connection with the above referenced work of improvement. Please consider this letter as a formal demand by Claimant pursuant to Califomia Govemment Code section 910, et seq. The Claimant, PW Construction, Inc., has its address at 1905 E. Route 66, Suite 200, Glendora, California 91741. The following facts give rise to this action: On or about June 17, 2006, Claimant and the City of La Quinta ("City") entered into a Professional Services Agreement by which Claimant agreed to provide construction management services for the design, bid/award, construction, and close-out phases of the City Hall Expansion Project located within the La Quinta Civic Center Campus, La Quinta, California. The original Agreement price was $580,008 for 20 months of construction management services. Claimant was to be paid $29,000 each month. At the commencement of Claimant's services, the Project began experiencing delays. Due to delays caused by either the City or the City's design consultants, the design completion date extended beyond the original design completion date of four months. Further, due to delays in the issuance of Addendum #4 to the bidders and delays in the issuance of the Notice to Proceed to the general contractor, the bid/award phase of the Project exceeded the original 530 a Sheet, Suite 2100 • San Diego, CA 92101 4469 • T 619.238.1900 F 619.235.0398 NorthCotmry www.prDsr:,:.,, 343 109519516/000000/947947.01 r 1, Procopio Thomas P. Genovese Veronica Montecino August 1, 2008 Page 2 bid/award completion date of two months. Finally, there were delays during the construction of the Project due to the City adding time to the construction schedule to accommodate the completion of the south parking lot causing the construction phase to exceed the original construction completion date of 12 months. None of these delays were caused, in part or in whole, by Claimant. Pursuant to the original Schedule, Claimant's services were to commence on or about February 10, 2006, and complete on or about September 21, 2007. However, through no fault of the Claimant, Claimant's construction management services were not completed until on or about June 30, 2008. Claimant substantially exceeded its original anticipated duration period. Thus, Claimant was significantly delayed by the City in completing its services on the Project. Pursuant to the terms of the Professional Services Agreement, the time period for the performance of the construction management services "shall be extended because of any delays due to unforeseeable cause beyond the control and fault or negligence" of Claimant. As the delays to the Project were due to unforeseeable causes beyond the control of Claimant, Claimant is entitled to additional compensation for each month the Project exceeded the original schedule. However, the City has refused to compensate Claimant for each month beyond the original 20- month schedule, in spite of Claimant's compliance with the terms and conditions of the Professional Services Agreement. As a direct and proximate result of the foregoing breaches by the City, Claimant has suffered costs and expenses as and for additional cost of performance and damages for delays and related claims. Although not fully ascertained at this time, the amount of the claim is in excess of $252,000. Accordingly, in accordance with the provisions of California Government Code section 910(f), jurisdiction over the claim would rest in the Superior Court of the County of Riverside. Claimant desires notices concerning this claim be sent to Craig A. Ramseyer/Katherine M. Knudsen, Procopio, Cory, Hargreaves & Savitch, 530 B Street, Suite 2100, San Diego, CA 92101, telephone number 619-238-1900. You are requested, pursuant to the applicable provisions of the California Government Code to adjust and settle this claim at the earliest possible date. Very truly yours, Katherine M. Knudsen KMK/cmg cc: PW Construction, Inc. 109516/000000/947947.01 341 T4ht 4 4 QK&M COUNCIL/RDA MEETING DATE: September 16, 2008 ITEM TITLE: Consideration of Appointment of Two City Representatives to the Imperial Irrigation District (IID) Energy Consumers' Advisory Committee (ECAC) RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the selection of two appointees to the Imperial Irrigation District's Energy Consumers' Advisory Committee (ECAC). FISCAL IMPLICATIONS: Line ",- CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: As related to City Council on the August 5, 2008, Department Report, the Imperial Irrigation District's (IID's) Energy Consumers Advisory Committee ("ECAC") revised the IID Energy Action Plan, a 6-point plan that was initiated to improve intergovernmental communications and strengthen the strategic planning process in IID's Coachella Valley service area. The City of La Quinta currently has six residents on the ECAC. The current La Quinta residents who are members of the ECAC are Frank Blum, Don Delzell, James Hunt, Mack Carter, John Corella and Polo Doria. IID's 6-point plan allows the City of La Quinta to make two nominations to the ECAC. IID intends to transition to the new ECAC by October 1, 2008. n At the August 5, 2008, City Council Meeting, the City Council directed staff to bring back this item for discussion today with the current six members in attendance for consideration of appointment. Although all six members were invited to be interviewed, only three agreed to participate and be interviewed. They are: Frank Blum, Don Delzell and Mack Carter. The interviews for the three members are scheduled to begin at 2:30 p.m. Staff recommends that the City Council appoint one of the three interviewees to the ECAC with one of the interviewees designated as an alternate, and appoint one Council Member to the ECAC with one staff member as the alternate. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the selection of two appointees to the Imperial Irrigation District's Energy Consumers' Advisory Committee; or 2. Do not approve the selection of two appointees to the Imperial Irrigation District's Energy Consumers' Advisory Committee; or 3. Provide staff with alternative direction. Respectfully submitted, jv�A-z leiw�& Bret Plumlee Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager 3q6 FRANK P. BLUM 61 Oil' 0o� 47840 Via Livorno La Quinta, CA 92253 760-701-9146 EDUCATION: Bachelor of Arts Degree in Economics, California State University, Long Beach Frank Blum has twenty-five years experience in banking, equity and debt financing, land acquisition, entitlement, construction, marketing, project management; development of multi family, commercial, single-family housing and real estate sales & acquisition. Skilled in conducting feasibility studies, cost break down analysis, ROI, and budget analysis. Experienced in property acquisition, land acquisition and entitlement, including presentations before planning commissions and city councils for entitlements. EMPLOYMENT: June 2004 COLDWELL BANKER. Relocated to the Coachella Valley and joined Coldwell Banker Commercial. Represent buyers and sellers, landlords & tenants for commercial property, apartments, raw land and subdivisions. Responsibilities include leasing The Atrium, a 61,000 sq.ft. Mall in Rancho Mirage. 2002 to 2004 REXFORD CAPITAL/George Smith Partners. Broker private and institutional equity to builders & developers in Southern California. Focus was to builders that build between 25 and 500 homes, Condominiums or Town homes per year. 2001 to 2002 GRANITE INVESTMENT GROUP. Director Capital Formation. Responsible for underwriting projects and raising equity and mezzanine financing for this $700,000,000 apartment house owner, including the financial modeling. The company acquires and repositions 100 to 500 unit multifamily apartment buildings in the western states. The emphasis was to establish relationships with Wall Street and Pension Fund equity sources. 1998 to 2001 WASHINGTON MUTUAL BANK. Manager Inland Empire construction lending division. Responsible for opening and developing the Riverside county region to medium and large privately owned builders and developers. Duties included origination; underwriting and loan management. Reporting included monthly and quarterly status, financial stability and completition probability. Conducted and supervised the valuation, due diligence, financial modeling, and capital structure analysis. Project financing included land acquisition, development and construction. This division had the responsibility of developing $150,000,000 annually. 1972 to 1999 B.E. DEVELOPMENT/ REXFORD CAPITAL. Owner. Developer. Responsible for development of multi -family, high end single-family detached housing, and commercial projects. Financial responsibilities included raising equity capital from high net worth individuals. The duties included land acquisition, entitlement, financing, bidding and managing all phases of the project from acquisition through construction and sale, including presentations before planning commissions and city councils for approvals. Projects include acquisition, renovation, financing and sale of multi -family units, a commercial strip center in Long Beach, a PUD in the city of Orange and the construction and sale of waterfront homes in the Naples area of Long Beach and Huntington Harbor, Huntington Beach (price range $800,000 to $3,000,000). BUSINESS AND CIVIC ACTIVITIES IID Board member Energy Consumer Advisory Commission. (ECAC) Appointed by LaOuinta City Council March 2008 LaQuinta Rotary, Treasurer 06/07, Secretary 07/08. President-elect 09/2010. Member, International Council of shopping Centers. Past Member, Building Industry Association, National & Southern California. Past Member, Mortgage Bankers Association. Past -President Bixby Hills Community Association. Past -President, Presidents Associates, CSULB. Past -President, CSULB Athletic Foundation. Past -Vice President Long Beach Rotary. Board of Directors, Membership Chairman, Long Beach Grand Prix. Board of Directors, Boys Scouts of America. Board of Directors, Long Beach City College Foundation, Chairman Audit Committee. DEVELOPMENT PROJECTS Long Beach, Belmont Heights. Acquired strip center in this beach community. Rehabbed the building and parking lot. Re -leased to new tenants that upgraded the interior spaces. Re -leased for long term, triple net terms at 300% increase in income The Mariposa, a 99 Unit nine story apartment building, in the Ambassador Hotel area of the mid Wilshire district of Los Angeles. Completely rehabbed this class "A" building and arranged capital structures. The building consisted of singles, one and two bedroom apartments. The Gramercy, a 66 unit six story class "A" apartment building in the Hancock park section of the mid Wilshire district of Los Angeles. Rehabbed and re rented the building with fire doors and retrofitted with sprinklers to comply with Los Angeles fire code. The Rossmore, a 43 unit five story class "A" apartment building in the Hancock park section of the mid Wilshire district. Financed, rehabbed and re rented this classic building. Orange Park Acres subdivision. Acquired and entitled this five -acre Planned Unit Development (PUD) for a gated four estate home development. Long Beach Peninsula. 5511 Seaside walk. Acquired, demolished, rebuilt and sold this 3300 sq.8. beach front luxury home Long Beach Peninsula. 5701 Bayshore walk. Acquired, rehabbed and sold this bay front home Long Beach Peninsula. 5600 Seaside walk. Acquired and remarketed this ocean front lot Long Beach Peninsula. 6701 Bayshore walk. Acquired this double lot. Split lots and sold to custom owner builders. Huntington Harbor. Venture Dr., Trinidad Island. Acquired lot and remarketed to buyer to build his custom home. DRE License # 0114490 E-Mail: fblum @dc.rr.com 161 RESUME Malcom K. "Mack" Carter For consideration as a City of La Quinta member on the Imperial Irrigation District Energy Consumers Advisory Committee Residence: 53-495 Avenida Bermudas La Quinta, California Background: Resident homeowner since 1995 Education: Bachelor degree in Public Administration Claremont McKenna College Masters degree in Public Administration Golden Gate University Applicable Employment Experience: East Bay Municipal Utility District City of Palo Alto, California City of Pasadena, California Consultant to: Pacific Gas and Electric Company Community Activities: Chamber of Commerce Ambassador La Quinta Volunteer Fire Department Experience with Imperial Irrigation District: Current Member of the Energy Consumers Advisory Committee r6 ©qm' /o � RESUME Donald G. Delzell, CMB 79377 Calle Prospero La Quinta, CA 92253 Phone: 760-574-9456 Fax: 760-772-8192 Background Retired in July 2004 after 31 years of Retail Banking and Mortgage Banking. My primary responsibility over the last 20 years was to oversee a Loan Servicing Department of 25 employees, and $3 billion dollars in conforming, reverse and commercial mortgage servicing assets. This included close oversight of large sales and acquisitions of mortgage servicing portfolios, as well as complex data interfaces. IBM AS400 and Data General UNIX platforms were the backbone, and this was coupled to a 500 user PC WAN network and enterprise system. In addition I have maintained relationships with Fannie Mae, HUD and GNMA as well as a score of commercial lenders. Many years of involvement in the Mortgage Bankers Association of America as well as the designation of Certified Mortgage Banker have been instrumental to my success in this field. (Please refer to the following for more detail.) Strategic Planning Developed long -tern departmental growth and profit goals, including selection of specific market niches catering to our institutions specific strengths, with a focus on overall profit, not department or company size. Legal/Leg islative/Lobby Worked with industry lobbyists at national and state levels. Reviewed proposed legislation and commented on same for state or national lobbyists or representatives. Reviewed all incoming legal correspondence for appropriate response and delegation to staff or attorneys. Worked with the Loan Servicing and HUDNA liaison committees of the Mortgage Banker Association of America. Economic Forecastini?/Market Analysis/Product Development Currently maintain access to national and international economists. . Analyzed markets and trends to develop financial products to accommodate corporate lending goals. Benefit Packages/Pension Plans Involved with 401K portfolio managers, corporate compensation, profit sharing, medical/dental plans MORTGAGE BANKING Commercial Real Estate Lending/Administration Developed secondary markets, solicited builder /developer relationships. Reviewed operating statements. Submitted loan packages to lenders. Assigned cap rates and valued projects based on net operating income. Residential Real Estate Lending/Administration Negotiated warehouse credit lines. Maintained thorough knowledge of origination, processing, underwriting, loan servicing, including foreclosure, collections and bankruptcies. Secondary Marketine/ShiouinLY/Fundin Maintained relationships with GNMA/ FNMA/ FHLMC . Also, FRA, VA, and private mortgage insurance companies Formulate hedging strategies, evaluate pipeline, set pricing criteria Systems Administration Authored a thorough survey of all large loan administration systems. Developed numerous electronic data interfaces (EDI) to both servicing and origination systems. Knowledge of IBM AS400, and Data General UNIX Mainframe Systems as well as PC networks. Formulated procedures for backup and end day processes. Responsible for many large transfers of acquired, as well as sold servicing portfolios. Construction and Development Knowledge of joint ventures, and plat development, as well as construction financing, warehouse credit lines, blueprint and design analysis. Worked with state, county, city building and planning departments Banking and Operations Was instrumental in the development of Seattle Savings Bank which was started in 1999. Retail/Branch Bankin2/Operations Began career in checking and savings and consumer lending, including: New car dealership flooring, credit lines, auto loan approvals, repossessions, accounts receivable financing, as well as bankcard administration, proof and data processing. Worked in central supply and account services. EMPLOYMENT HISTORY 1984 to 2004: 1983 to 1984: 1979 to 1982: 1977 to 1979 1973 to 1977: Professional Vice President Seattle Mortgage Company Seattle, Washington $3.0 billion real estate portfolio Pacific First Federal Savings Bank $2.3 billion real estate portfolio Tacoma, Washington estate portfolio Rainier Mortgage Company Federal Way, Washington Puget Sound National Bank Tacoma, Washington First Interstate Bank Tukwila, Washington EDUCATION $3.0 billion real estate portfolio Hold industry designation of Certified Mortgage Banker (CMB) Graduate MBA School of Mortgage Banking (1991) Service on several state and national committees, and industry panels Author of articles for trade publications and surveys Participation in writing an MBA textbook "Handbook of Loan Administration' Political action committee (MORPAC) Participation in, or attendance at, numerous conferences, seminars and workshops General Tacoma Community College, Tacoma, Washington Pacific Lutheran University, Tacoma, Washington PERSONAL INFORMATION Personal Interests Skiing, Cyclist, Pilot, Golfer, Active Church Member. Personal Statistics Age: 51 Excellent Health Height: 67' Married, 2 children (I married, one in highschool) oTay/ 4 ka�w COUNCIL/RDA MEETING DATE: September 16, 2008 ITEM TITLE: Consideration of a Resolution of the City Council Granting Consent to the County of Riverside to Form the Palm Springs Desert Resort Communities Tourism Business Improvement District RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting consent to the County of Riverside to form the Palm Springs Desert Resort Communities Tourism Business Improvement District. FISCAL IMPLICATIONS: The Palm Springs Desert Resort Communities Convention and Visitors Authority (CVA) is proposing establishment of a Business Improvement District (BID). The total annual revenue projected to be generated in the first full year is approximately $7.6 million. If approved, contributions from Coachella Valley member cities and the County of Riverside to the CVA would decrease by 75% (from $4.96 million to $1.24 million), beginning the second year of implementation. For the City of La Quinta, the potential savings could be approximately $495,000 annually (according to the City's current contribution). CHARTER CITY IMPLICATIONS: None. R1 BACKGROUND AND OVERVIEW: During the CVA's reorganization process in 2005, one of the directives set forth by the CVA Executive Committee was to investigate options to increase private sector revenue and enhance industry participation. Since that time, numerous research efforts, discussions, and meetings have taken place regarding the formation of a BID as a viable option. Hospitality stakeholder discussions began in early 2007, a Task Force was appointed in early 2008, and by June 2008, the CVA had completed review and approval of a "Tourism" BID. A BID is a type of assessment district that is publicly sanctioned but privately directed. The assessment is not considered a tax under Proposition 218 because businesses are being assessed, not property. BIDs are essentially public/private partnerships where private businesses agree to assess themselves in exchange for the authority to use the funds to benefit their business. Cities and counties form these districts, collect the assessments, and turn over the revenue to an association or advisory group. The CVA completed a thorough review and approved a multi -jurisdictional Tourism BID concept with input from their JPA Executive Committee, Technical Advisory Committee (TAC), and Hospitality Industry and Business Council (HIBC). The CVA also consulted with representatives from affected hotels (of 50 rooms/units or more) who endorsed the concept and provided input. The level of assessment being considered for the proposed Tourism BID is 2% of the sale of overnight room stays. This would apply only to hotels and motels with 50 or more sleeping rooms. There are approximately 80 hotels/motels in the Coachella Valley that fall into this category. The total annual revenue projected to be generated in the first full year is approximately $7.6 million. The revenue collected would be used to fund the following activities to promote tourism in the Coachella Valley: 1. Marketing, advertising, and public relations 2. Brochure development and distribution 3. Promotion of public events which benefit hotels/motels in the area and which take place on or in public places within the area 4. Activities which benefit hotels/motels located and operating in the area The current funding responsibility shouldered by local governments to pay for regional tourism marketing programs would decrease due to the formation of a Tourism BID. CVA Joint Powers Authority member jurisdictions currently pay for most of the CVA marketing efforts with a portion of their Transient Occupancy Tax (TOT) revenue. If approved, funding from the cities and County to the CVA would decrease by 75% (from $4.96 million to $1.24 million), beginning the second year of implementation of 348 the Tourism BID. For the City of La Quinta, the potential savings could be in the neighborhood of $495,000. Funding from local governments would remain the same during the first year of the BID, but would change in the second year as indicated on the chart below: Cities/County Contributions Current With Tourism BID (25%) Palm Springs 1,185,622 296,406 Palm Desert 973,324 243,331 Indian Wells 937,056 234,264 Rancho Mirage 869,930 217,483 La Quinta 660,352 165,088 Cathedral City 123,000 30,750 Indio 91,020 22,755 Desert Hot Springs 77,511 19,378 Riverside County 48,824 12,206 TOTAL $4,966,639 $1,241,661 Assuming a January 2009 effective BID date, the City of La Quinta's TOT contribution for Fiscal Year 2008-2009 would remain at the current level of approximately $660,000. For the first half of Fiscal Year 2009-2010, the City of La Quinta's TOT contribution would be approximately $330,000, and during the latter half of Fiscal Year 2009-2010 (which marks the beginning of the BID's second year of implementation), the City's TOT contribution would be approximately $165,000 reflecting a decrease of 75%. Each fiscal year thereafter would be at the 25% level. As a first step in formation of the Tourism BID, the County approved Resolution 2008- 330 on July 1, 2008 (Attachment 1). It formally requests consent from each of the participating cities for the County to form a multi -jurisdictional Tourism BID in the Coachella Valley. Resolution 2008-330 also designates the HIBC as the Advisory Committee to the Board of Supervisors for the formation of the proposed Tourism BID. The HIBC is comprised of hospitality professionals from the Coachella Valley, including hotel general managers, restaurateurs, and attraction managers. There are 17 HIBC Board Members at any given time, including a Chair, Vice Chair, and Secretary. Its current purpose is to review and guide CVA policies, marketing initiatives, and other matters relating to the success of the CVA from the hospitality industry's perspective. The second step will be for each city to consider the request from the County. Each city is being asked to adopt its own resolution granting permission for the County of 349 Riverside to form a Tourism BID and include the city's jurisdiction in that Tourism BID (this step is before the La Quinta City Council today). The third step will be for the County to adopt a resolution declaring its intent to establish the Tourism BID and schedule a public hearing. Notice of the intent to establish the Tourism BID and of the public hearing will be published and mailed to each impacted business. The proposed creation of the Tourism BID will fail if written protests are received from impacted business owners in the proposed area which will amount to 50% or more of the total number of rooms. The fourth and final step will be for the County to adopt the ordinance that establishes the Tourism BID and allows for the assessments to be levied by the County. The target effective date of the Tourism BID ordinance is January 1, 2009. In regards to collection and expenditure of the BID assessment, each hotel included within the BID would be responsible for filing a report with the County on a monthly basis. The County would collect the assessment and transfer it to the CVA. In addition to collection of the assessment, the role of the County of Riverside would be to receive annual reports by the Advisory Committee outlining a marketing plan and specifying how the assessment monies would be spent. The BID Advisory Committee, in this case the CVA Hospitality Industry and Business Council (HIBC), would govern and oversee expenditure of the funds collected through the BID. Currently, the La Quinta representative on the HIBC is Brad Poncher of Homewood Suites. If the BID were established, the HIBC/Advisory Committee would be expanded and La Quinta would have an opportunity to add more representatives. City staff is advised that all affected hotel properties in La Quinta have been consulted and are agreeable to the establishment of this Tourism BID. In regards to the continued transient occupancy tax (TOT) contribution, proposed at 25% of the current contribution, the City would continue to send its TOT portion directly to the CVA. As is the case today, the CVA Executive Committee would be responsible for those TOT funds paid for by the cities and County. Council Member Terry Henderson would continue to serve on the CVA Executive Committee representing the City of La Quinta until such time as the City Council takes action to change its representative. As of the writing of this staff report, five cities have adopted resolutions giving the County of Riverside consent to establish a Tourism BID. Those cities include: Cathedral City, Desert Hot Springs, Indian Wells, Palm Springs, and Rancho Mirage. The cities of Indio and Palm Desert are considering the item this month. 350 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council of the City of La Quinta granting consent to the County of Riverside to form the Palm Springs Desert Resort Communities Tourism Business Improvement District ; or 2. Do not adopt a Resolution of the City Council of the City of La Quinta granting consent to the County of Riverside to form the Palm Springs Desert Resort Communities Tourism Business Improvement District; or 3. Provide staff with alternative direction. Respectfully submitted, i 4c6e52�� Doug as R. ans Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Resolution 2008-330 from the County of Riverside adopted July 1, 2008 ,.- 351 Resolution No. CVA Bid Approved: September 16, 2008 Page 1 of 4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONSENT TO THE COUNTY OF RIVERSIDE TO FORM THE PALM SPRINGS DESERT RESORT COMMUNITIES TOURISM BUSINESS IMPROVEMENT DISTRICT THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the California Legislature in adopting the Parking and Business Improvement Area Law of 1989 (Streets & Highways Code § 36500 et. seq.) ("Business Improvement Law") authorized cities and counties to levy assessments on businesses in order to promote economic revitalization and tourism, to create jobs, attract new businesses and prevent erosion of business districts; and WHEREAS, the County of Riverside is beginning the process to establish a business improvement district ("BID") to be commonly known as the Palm Springs Desert Resort Communities Tourism Business Improvement District ("Tourism BID"), pursuant to the Business Improvement Law, the purpose of which is to promote tourism within the desert communities and to fund programs that benefit the hotel and motel businesses within desert communities; and 352 Resolution No. CVA Bid Approved: September 16, 2008 Page 2 of 4 WHEREAS, the Board of Supervisors of the County of Riverside has requested consent to form the Tourism BID within the boundaries of the Cities of Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage, by the adoption of Resolution No. dated , 2008; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta as follows: Section 1. Recitals are True and Correct. The recitals set forth herein are true and correct. Section 2. Consent for County of Riverside to Create Multi -Jurisdictional BID. The City Council consents to the County of Riverside forming the Tourism BID, which shall include the City of La Quinta. Section 3. Transmission of Resolution to County of Riverside. The Clerk of the City of La Quinta is hereby directed to transmit a certified copy of this Resolution to the Clerk of the Board of Supervisors of the County of Riverside. 353 Resolution No. CVA Bid Approved: September 16, 2008 Page 3 of 4 BE IT FURTHER RESOLVED THAT the City Council of the City of La Quinta, California, does hereby adopt this Resolution of Intention as set forth herein. PASSED AND ADOPTED this day of , 2008. ATTEST: Veronica J. Montecino City Clerk of the City of La Quinta APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Don Adolph Mayor of the City of La Quinta ,w... 354 Resolution No. CVA Bid Approved: September 16, 2008 Page 4 of 4 STATE OF CALIFORNIA ► COUNTY OF RIVERSIDE ► ss CITY OF LA QUINTA 1 I, Veronica J. Montecino, City Clerk of the City of La Quinta, hereby certify that the above and foregoing Resolution No. _ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the day of , 2008, by the following roll call vote: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of La Quinta this _day of 2008. Veronica J. Montecino City Clerk of the City of La Quinta 355 Board of Supervisors ATTACHMENT County of Riverside 2 0 rl 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2008-330 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE CALIFORNIA REQUESTING CONSENT OF THE CITIES OF CATHEDRAL CITY, DESERT HOT SPRINGS INDIAN WELLS INDIO LA OUINTA PALM DESERT, PALM SPRINGS, AND RANCHO MIRAGE TO CREATE THE PALM SPRINGS DESERT RESORT COMMUNITIES TOURISM BUSINESS IMPROVEMENT DISTRICT AND APPOINTING AN ADVISORY BOARD TO RECOMMEND PROVISIONS OF A RESOLUTION OF INTENTION TO CREATE A BUSINESS IMPROVEMENT DISTRICT THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the California Legislature in adopting the Parking and Business Improvement Area Law of 1989 (Streets & Highways Code § 36500 et, seq.) authorized cities and counties to levy on businesses in order to promote economic revitalization and tourism, to create jobs, attract new businesses and prevent erosion of business districts; and WHEREAS, the Board of Supervisors of the County of Riverside desires to begin the process to form a business improvement district ("BID") to be commonly known as the Palm Springs Desert Resort Communities Tourism Business Improvement District ("Tourism BID"), the purpose of which is to promote tourism within the desert communities and to fund programs that benefit the hotel and motel businesses within desert communities; and WHEREAS, certain lodging businesses within the proposed Tourism BID have requested that the Board of Supervisors establish such a business improvement area; and WHEREAS, the territory proposed to be included in the Tourism BID lies within the boundaries and jurisdiction of the Cities of Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage; and 356 07.01.08 3.17 WHEREAS, it is the opinion of the Board of Supervisors that the hotel and motel businesses 0 0 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 within the proposed Tourism BID will benefit from the activities of a business improvement district and purpose sought to be accomplished by the work can best be accomplished by a single comprehensive scheme of work; and WHEREAS, consenting cities will participate in the proposed Tourism BID by authorizing the County of Riverside to collect the assessment applied to certain hotels and motels within their local jurisdictions; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Riverside as follows: Section 1. Recitals are True and Correct. The recitals set forth herein are true and correct. Section 2. Consent of Cities requested to Create Multi -Jurisdictional BID. Consent of the Cities, through their City Council, is hereby requested to create the Palm Springs Desert Resort Communities Tourism Business Improvement District, and to grant to the Board of Supervisors of the County of Riverside jurisdiction in connection with creation and operation of the proposed Tourism BID, with input from the lodging businesses and participating cities. Section 3. Appointment of Advisory Board Prior to Adoption of Resolution of Intention. The County appoints the Hospitality Industry and Business Council (HIBC) of the Palm Springs Desert Resort Communities Convention and Visitors Authority (CVA), a joint powers authority, as the advisory board pursuant to Section 36530 of the California Streets and Highways Code to recommend the provisions of resolution of intention prior to the adoption of the resolution of intention to create the Tourism BID. The HIBC, which includes 17 experts from the local hospitality community, interprets the policies of the CVA and advises on CVA marketing programs. Section 4. Transmission of Resolution to Cities. The Clerk of the Board is hereby directed to transmit a certified copy of this Resolution to the City Clerk for each of the Cities of Cathedral City, Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage. 357 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BE IT FURTHER RESOLVED THAT the Board of Supervisors of the County of Riverside, California, does hereby adopt this Resolution as set forth herein. PASSED AND ADOPTED this 1st ATTEST: Sandi Schlemmer, Deputy Clerk Nancy Romero, Clerk of the Board day of July , 2008. Board of Supervisors of the County of Riverside FOR PPROVEp I -t- �COM -8BY' NTA EA. 'AR N R 358 07.01.08 3.17 1' 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) CITY OF RIVERSIDE ) ss COUNTY OF RIVERSIDE ) I, Nancy Romero, Clerk of the Board of Supervisors of the County of Riverside, hereby certify 2008— the above and foregoing Resolution No. 330 was duly and regularly passed and adopted by the said Bi of Supervisors at a regular meeting thereof held on the 1 day of July , 2008, by the following roll vote: AYES: NOES: Buster, Tavaglione, Stone, Wilson and Ashley ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the County Riverside this 1st day of July 2008. maw Sandi Schlemmer, Deputy Clerk for Nancy Romero, Clerk of the Board The foregoing is certified to be a true copy of a resolution duly adopted by said Board of Supervisors on the date therein set forth. NANCY ROMERO, Clerk of said Board By: Deputy 359 07.01.08 3.17 Toaf 4 4 a" COUNCIL/RDA MEETING DATE: September 16, 2008 ITEM TITLE: Consideration of Recommendation of Location of Commercial Center for Police Department RECOMMENDATION: AGENDA CATEGORY: IUSINESS SESSION: 3 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve locating the Commercial District Police Office as specified. Authorize city staff to negotiate and execute the necessary agreements and make the needed purchases to place the office in operation. FISCAL IMPICATIONS: The City Council authorized the expenditure of $120,134 to open and operate a police office in the Commercial District as part of the 2008/2009 budget. It is projected this level of funding will cover the cost for lease, utilities, and the majority of the needed improvements, furniture and equipment for the selected police office. It is anticipated additional needed funding will be covered from within other areas of the police budget, by contributions from the Sheriff's Department, or by a mid -year appropriations request. CHARTER CITY IMPLICATIONS: None. 361 1 BACKGROUND AND OVERVIEW: In meetings held by city management and police department administration while preparing the 2008/2009 budget request, staff analyzed activities and service usage data for each area of the city in an effort to develop strategies to improve police services. The analysis showed a need for the police department to develop an increased presence in the city's commercial areas. One strategy selected to address this need was to open a permanent police office in the Highway 111 business district to house the Business District and Special Enforcement Team Officers and other select operations. It is anticipated the office will increase the presence of the police department in the area and provide a convenient location for businesses and residents in the northern part of the city to access police services. To further discussion regarding this strategy and form an estimate of what implementation would cost, Business District Officer Prezell Burgie conducted an informal survey of available properties and made a rough estimate regarding costs. This information was integrated into the 2008/2009 police department budget request, specifying an allotment of $120,134 for this project. Upon approval of the budget in mid -July, city management and police department administration again met to discuss criteria for selection of the best available site for the police office. Understanding certain factors were more vital than others, the group decided features to be considered should include: • Location: Is the site easy to find? Is it visible or easily marked with signage? How well can visitors and officers get to the site? Can officers quickly respond from the location to other areas of the commercial district or city? Is access to two-way travel on neighboring roadways limited by medians, traffic signals, or lack of driveways? Does the site have plentiful visitor parking considering the activities of surrounding businesses? Does the site allow for parking and access for both public operations (front-end) yet allow the teams to also conduct private operations (back -end)? Is the basic building configuration conducive to expected activities? • Size & Growth Potential: Is the site large enough for the current needs and is there potential for growth? Are there known or anticipated changes in the surrounding area that may alter the suitability of the site? • Use Compatibility: Are there foreseeable conflicts with any current or anticipated neighbors? Does the property owner/manager want the police office there? Will the presence of a police office likely address persistent localized problems (such as graffiti, vandalism, aggressive panhandling, etc)? 361 ►a • Availability & Timing Issues: When will the property be available? What are the time requirements for any required modifications to the existing building or layout? Could move -in be accomplished by the beginning of the holiday shopping season? • Site Features: Does the current or proposed layout contain the required office and storage spaces? Is there a suitable lobby and reception desk/counter? Is there an area for meeting with the community? Is there a meeting area outside the public section for operations planning? Is the site conducive to security concerns (operating & after-hours)? • Cost: What are the lease terms and improvement costs? What are the various ongoing costs for utilities, necessary services, and maintenance? Are future costs adequately controlled? A committee from the police department was formed to evaluate available sites and select the three best candidates that met the minimum qualifications. The committee was comprised of Lt. Raymond Gregory, Assistant Chief of Police, Sgt. Matthew Martello, Administrative Sergeant, and Deputy Prezell Burgie, Business District Officer. On July 22 and 23, 2008, the committee toured six different commercial locations within five complexes; Dune Palms Plaza, The Centre at La Quinta, La Quinta Valley Plaza (2 buildings), Komar Desert Center, and J Paul Building. After touring the sites and receiving follow-up information from the property owners/managers and agents, the committee determined the three locations that had available spaces best meeting the evaluation criteria were: • Dune Palms Plaza (located at the southeast corner of Highway 1 1 1 and Dune Palms Road); • The Centre at La Quinta (located on the southwest corner of Highway 111 and Dune Palms Road); and • J. Paul Building (located on Corporate Center Drive, west of Dune Palms Road). The committee reported their findings to Captain Rodney Vigue, Chief of Police, and Bret Plumlee, Assistant City Manager - Management Services. On July 30, 2008, Captain Vigue and Assistant City Manager Plumlee toured the three sites with the committee members. The committee was then directed to open a dialogue with the appropriate representatives for each of these three sites and solicit proposals for location of the police office within their respective buildings. In August, the Police department staff met individually with Pat Wood (owner of Dune Palms Plaza), Chris Clarke and Lucia Moran (owner and property manager of 3 36? The Centre at La Quintal, and James Paul (owner of J. Paul Building) in a series of meetings to discuss each site, the improvements and furnishings needed, and other details. Each representative was asked to consider what they were prepared to offer and formulate a detailed proposal. All were encouraged to tailor their proposal as much as possible to include all costs, highlight the features included, and make the final product as turn -key as possible. Proposals were received in late August and evaluated by police department staff. Each site as proposed was once again rated according to the same evaluation criteria used in the initial evaluations and given a score of either "Excellent," "Good," "Fair" or "Unacceptable" in each of the major areas (Attachment 1 - Evaluation Criteria Worksheets). It should be noted that cost was one factor considered, but not given higher priority over other factors dealing with site suitability. Additional information was provided to the Police Department after the original proposals were submitted in late August and is available in the Police Department if requested by City Council. On September 8, 2008, a representative from the selection committee met with City Manager Tom Genovese, Captain Rodney Vigue and Assistant City Manager Plumlee, and the committee's findings were discussed. After careful consideration, a decision was reached to recommend Suite 119 at the J. Paul Building as the site for the Commercial District Police Office. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve locating the Commercial District Police Office in Suite 119 at the J. Paul Building, and authorize staff to negotiate and execute the necessary agreements and make needed purchases to open the office; or 2. Do not approve locating the Commercial District Police Office in Suite 119 at the J. Paul Building; or 3. Provide staff with alternate direction. Respectfully submitted, A__A I" Bret M. Plumlee Assistant City Manager — Management Services 363 4 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Evaluation Criteria Worksheets 364 City of Attachment 1 "Gem of the Desert" s..:ryA&A...wawj,A.*,R"o.. POLICE OFFICE EVALUATION CRITERIA WORKSHEET Site Evaluated: Dune Palms Plaza — Suite A Description: This location is a 3,011 square -foot site located at the north end of a retail strip mail at the southeast comer of the intersection of Highway 1 I 1 and Dune Palms Road. The location once housed a Coldwell Banker office, but is currently vacant (approx. 3 years left on lease). It is improved with a front -counter area, three offices, a conference room, two bathrooms, and an open central area configured into 4 large bays and 2 smaller bays. Owner: Pat & Jack Wood Leasing Agent: Dani Alexander, CB Richard Ellis Location Ranking: FAIR This location has good visibility from Dune Palms Road. Visibility from Hwy I I I is limited, although signage there is possible. The basic building configuration is good, but lacks some elements. The biggest issue with the location is access in and out of the center. The site ranked best only in access to areas east of the location, such as the Costco and Home Depot Shopping Centers. Access to locations west of the center, which includes most of the shopping district, is blocked by medians and require left-tums at signal lights. Visitors to the center would likewise have to make additional turns, particularly if coming from the east or north. Size & Growth Potential Ranking: FAIR This site was the smallest of the final four sites evaluated, and lacked some desired site features. Expansion might be possible if needed depending on availability of the neighboring suite (currently vacant). The area immediately east of the site is currently undeveloped, but it is anticipated the police department would have the ability to have input if something were proposed for that location that might cause a conflict. Use Compatibility Ranking: EXCELLENT The property owner expressed a strong desire to have the police office located at the site. She or her representatives were accessible and responsive throughout the proposal process. There were no concerns expressed in the committees' contacts with any tenants of nearby businesses. The site is in a retail center with a number of vacant units so there was some uncertainty regarding future compatibility, although the property owner would likely mitigate any future concerns. It is felt the presence of a police office at this location will help address local problems, such as graffiti, vandalism and other security concerns. 365 Police Office Evaluation Criteria Worksheet Dune Palms Plaza Suite A Availability and Timing Issues Ranking: EXCELLENT The site is available immediately. Police and City staff would be responsible for coordinating all improvements and providing furnishings. Site Features Ranking: FAIR The site provides for the very minimum amount of office space needed, but lacks an area for an interview room, a back -end meeting area, and an easily -configured bicycle/Segway storage area contains adequate office space. The open main office area would need to be portioned for cubicles or individual desks, and part of it set aside for storage. The site is not conducive for the concurrent operation of both front-end and back -end operations, and meeting space for each would need to be shared. Cost Ranking: FAIR The lease covers the site "as -is." Utilities are not covered by the lease. All other costs for improvements, furniture and equipment would need to be paid by the City. The committee estimates the funds already budgeted for the office would not cover all the first year costs. After the first -year lease and utilities are paid the committee estimates about $39,990 would remain available; however, the committee estimates the cost to fully furnish and equip the site would be $113,000 (leaving an estimated deficit of $73,010). Needed improvements and/or equipment would have to be deferred or an additional appropriation would be needed. FY 2009-2010 Lease and Utility cost total is estimated at $112,776. The initial lease period is only 5 years, with two additional five-year options offered at "fair market value." Yearly lease increases in the initial term are limited to 5% annually. 0... � 366 2 City of 'Gem of the Desert" 8.-.aellr df..P...-" a- I ej-*, Aw POLICE OFFICE FINANCIAL SNAPSHOT` Site Evaluated: Dune Palms Plaza — Suite A (3,011 square -feet) Lease — Year 1 = $1.99/sq-ft + $0.35NNN = $7,046 / month Year 2 = _ $7,398 / month Year 5 ==$8,564 / month Year 10 = =Unknown Term: 5 years with two 5-year options / Increases 5% per year 2008-2009 — Assuming Move -in on 10/1 — (9 months) Lease = $63,405 Utilities = $16,605 Total Fixed= $80,010 Total Remaining for Furniture / Equipment / Improvements = $39,990 Estimated Cost to Equip = $113,000 (1" year Deficit = $73,010) 2009-2010 Lease = $88,776 Utilities = $24,000 Total Fixed = $112,776 ' All financial data was rounded during calculations, which might cause slight variations against actuals. Figures are for illustrative and comparison purposes only. Triple Net computed at 1 cent increase each year. 367 City of A1,� _ 'Gem of the Desert" MCP 3r POLICE OFFICE EVALUATION CRITERIA WORKSHEET Site Evaluated: Dune Palms Plaza — Suite C Description: This location is a 5,058 square -foot site located in the center of a retail strip mall at the southeast comer of the intersection of Highway 111 and Dune Palms Road. The location once housed a design firm called Transwest, but they are currently vacating the property at the end of their lease. It is improved with a front -counter area, up to 15 office areas (depending on use), two conference rooms, four bathrooms, and a large open area just off the reception area. It has plentiful parking in the rear and two rear doors. Owner: Pat & Jack Wood Leasing Agent: Dani Alexander, CB Richard Ellis Location Ranking: FAIR This location has good visibility from Dune Palms Road. There is no visibility from Hwy 111, although signage there is possible. The basic building configuration has space for the adequate elements, although the large number of enclosed offices could be problematic for promoting team interaction. The biggest issue with the location is access in and out of the center. The site ranked best only in access to areas east of the location, such as the Costco and Home Depot Shopping Centers. Access to locations west of the center, which includes most of the shopping district, is blocked by medians and require left-tums at signal lights. Visitors to the center would likewise have to make additional turns, particularly if coming from the east or north. Size & Growth Potential Ranking: EXCELLENT This site is the second to largest of the final four sites. The committee felt it had more than enough space to meet or exceed every foreseeable need within the proposed 10-year lease, although the current configuration might require modest interior alterations to improve work flow. Since the site is in an established shopping center, there were no concerns that changes in the surrounding area would negatively affect the usability unless a very -high volume tenant was later located in the same building, which might cause issues with the parking areas. Use Compatibility Ranking: EXCELLENT The property owner expressed a strong desire to have the police office located at the site. She or her representatives were accessible and responsive throughout the proposal process. There were no concerns expressed in the committees' contacts with any tenants of nearby businesses. The site is in a retail center with a number of vacant units so there is some uncertainty regarding future compatibility, although the property owner would likely mitigate any future concerns. It is felt the presence of a police office at this 368 Police Office Evaluation Criteria Worksheet Dune Palms Plaza Suite C location will help address local problems, such as graffiti, vandalism and other security concerns. • Availability and Timing Issues Ranking: GOOD The site is available once the current tenants move out, which is expected by November I' or sooner. The landlord would be responsible for some minor improvements, but these would not delay move -in. Police and City staff would be responsible for coordinating all other improvements and providing furnishings. • Site Features Ranking: GOOD The site provides for plentiful office space and has all the desired features. One of the rear offices could be configured for bicycle/Segway storage with reasonable access to an exterior door. A large area at the front of the office could be utilized for City Code Enforcement to also have some work space at the site if desired. The site is conducive for the concurrent operation of both front-end and back -end operations, and contains separate meeting space for both. The landlord will include part of the needed furniture and equipment, and a $2,000 allowance for signage. The current configuration contains a large number of individual offices. The committee felt this layout was problematic for promoting team interaction. • Cost Ranking: FAIR The lease covers the site "as -is," but includes part of the needed office furniture, some break room equipment, some built in work -areas and shelving, and a credit for signage. Utilities are not covered by the lease. All other costs for improvements, furniture and equipment would need to be paid by the City. The committee estimates the funds already budgeted for the office would not cover all the first year costs. After the first -year lease and utilities are paid the committee estimates about $21,913 would remain available; however, the committee estimates the cost to fully famish and equip the site would be $98,000 (leaving an estimated deficit of $76,087). Needed improvements and/or equipment would have to be deferred or an additional appropriation would be needed. FY 2009-2010 Lease and Utility cost total is estimated at $132,642. The offered lease term is ten years with one 5-year option. There is no lease increase in Year 2; Years 3 to 5 have fixed increases. Yearly lease increases in the remainder of the term are limited to 5% annually. 2 369 City of "Gem of the Desert" ter, POLICE OFFICE FINANCIAL SNAPSHOT' Site Evaluated: Dune Palms Plaza — Suite C (5,058 square -feet) Lease Year 1 = $1.44/sq-ft + $0.35NNN = $9,054 / month Year 2 = _ $9,054 / month Year 5 — =$11,026 / month Year 10 = =$13,794 / month Term: 10 years with one 5-year option / Years 3 to 5 have fixed increases; increases 5% per year thereafter 2008-2009 — Assuming Move -in on 10/1 — (9 months) Lease = $81,482 Utilities = $16,605 Total Fixed= $98,087 Total Remaining for Furniture / Equipment / Improvements = $21,913 Estimated Cost to Equip = $98,000 (1" year Deficit = $76,087) 2009-2010 Lease = $108,642 Utilities = $24,000 Total Fixed = $132,642 'All financial data was rounded during calculations, which might cause slight variations against actuals. Figures are for illustrative and comparison purposes only. Triple Net computed at 1 cerrt increase each year. 370 City of "Gem of the Desert" L W 8a AryA6e_ 6C—i-f"xV%90� POLICE OFFICE EVALUATION CRITERIA WORKSHEET Site Evaluated: The Centre at La Quinta — Suite 6 Description: This location is a 5306 square -foot site located in the center of a newer L-shaped retail strip mall at the southwest corner of the intersection of Highway 111 and Dune Palms Road. The location is currently vacant and vanilla shell. It is elevated above both roadways and has excellent visibility. It has a glass front entrance and two rear exits, one of which leads to a parking area originally designated as a loading area. Owner: Chris Clarke Property Manager: Lucia Moran Location Ranking: GOOD This location rated best for visibility from Hwy 111, and has the easiest access out to the Wal-Mart and Sam's Club Shopping Centers. The proposed signage at the top of the space would promote maximum visibility. The interior is to be custom-built to a design worked out with police staff and the plan includes all desired features, including nearly all needed furniture and equipment. There was some concern about access into the parking lot, which is limited to Dune Palms Road unless drivers turn into the nearby shopping centers and work their way through the parking lots. There was additionally some concern about units leaving being able to quickly go into north La Quinta (although a legal tum-pocket is nearby) and being able to go both west and east on Hwy 111 (neither direction can be directly accessed from the parking lot nearest the building, although alternative routes do exist). Size & Growth Potential Ranking: EXCELLENT This site was the largest of the final four sites. The committee felt it had more than enough space to meet or exceed every foreseeable need within the proposed 10-year lease. Since the site is in an established shopping center, there were no concerns that changes in the surrounding area would negatively affect the usability unless a very -high volume tenant was later located in the same building, which might cause issues with the front parking area. Use Compatibility Ranking: EXCELLENT Both the property owner and property manager expressed a strong desire to have the police office located at the site. They were accessible and responsive throughout the proposal process. There were no concerns expressed in the committees' contacts with any tenants of nearby businesses. It is felt the presence of a police office at this location will help address local problems, such as graffiti, vandalism and other security concerns. 371 Police Office Evaluation Criteria Worksheet The Centre at La Quinta Suite 6 Availability and Timing Issues Ranking: FAIR Due to the extensive work required to bring the site from its current vanilla -shell state to a finished product, move -in would likely not occur until after the holiday shopping season (estimated as late as February 2009). Site Features Ranking: EXCELLENT The interior is to be custom-built to a design worked out with police staff and the plan includes all desired features, including nearly all needed furniture and equipment. The space would allow City Code Enforcement to also have some work space at the site if desired. The layout is highly flexible and contains plentiful storage. Cost Ranking: GOOD The landlord has proposed to include all standard furnishings and equipment, and cover the cost of all improvements in the lease cost, thus reducing uncertainty and the amount of work required of police or city staff to open the office. Utilities are not covered by the lease. The committee estimates the funds already budgeted for the office would cover all the first year costs with a likely surplus. FY 2009-2010 Lease and Utility cost total is estimated at $197,184. The offered lease term is ten years with two 5-year extensions. Yearly lease increases are limited to 3% annually. 37? City of POLICE OFFICE FINANCIAL SNAPSHOT` _ 'Gem of the Desert" dr.:ilfj tl..Pwvu6 U'.fs Sb#iL%uAiw6 Site Evaluated: The Centre at La Quinta — Suite 6 (5,306 square -feet) Lease — Year 1 = $2/sq-ft + $0.65NNN Year 2 = Year 5 = Year 10 — _ $14,061 / month _ $14,432 / month =$15,605 / month =$17,772 / month Term: 10 years with two 5-year extensions / Increases 3% per year 2008-2009 — Assuming Move -in on 2/1— (5 months) Lease = $70,304 Utilities = $9,225 Total Fixed= $79,529 Total Remaining for Furniture / Equipment / Improvements = $40,471 Estimated Cost to Furnish & Equip = $30,000 (1" year Surplus = $10,471) 2009-2010 Lease = $173,184 Utilities = $24,000 Total Fixed = $197,184 'All financial data was rounded during calculations, which might cause slight variations against actuals. Figures are for illustrative and comparison purposes only. Triple Net computed at 1 cent increase each year. 373 City of -- _ "Gem of the Desert" &...Wit a. K..-.& POLICE OFFICE EVALUATION CRITERIA WORKSHEET Site Evaluated: J Paul Building — Suite 119 Description: This location is a 3339 square -foot site located on the west end of a professional building on Commerce Center Drive, west of Dune Palms Road. The location is directly north of the proposed ice skating rink and south of the Whitewater Wash. The location was the former site of the Sylvan Learning Center and is currently vacant. It has a lobby with a reception window, conference room, open bay suitable for partitioning into cubicles, four offices, kitchen, and storage room with an exit to the side of the building. It has a rear exit into a secondary parking area and two bathrooms. Owner and Property Manager: James and Shari Paul Location Ranking: EXCELLENT This location rated best for access to north La Quima (including La Quinta High School and Park), and for the businesses on the north side of Hwy 111. There is currently the ability to legally turn both north and south on Dune Palms Road. Access to Hwy 111 westbound can be accomplished either via Dune Palms Road or by driving through the parking lot of the neighboring complex. Future access to Adams Street is possible when the planned extension of Commerce Center Drive is complete. The site is not as visible from the major roadways, but the landlord has proposed monument signage on Dune Palms Road to promote visibility. The current interior layout is nearly ideal for the police department needs for this site with no unutilized space. The location has the most private back area of the sites evaluated. Size & Growth Potential Ranking: GOOD This site was not one of the largest of the final four sites, but was judged to be large enough to meet projected needs. Expansion might be possible if needed depending on availability of the neighboring suite. The site is in an established professional building, and there were no concerns that changes in the surrounding area would negatively affect usability. The area immediately west of the site is currently undeveloped, but it is anticipated the police department would have the ability to have input if something were proposed for that location that might cause a conflict. Use Compatibility Ranking: EXCELLENT Both property owners expressed a strong desire to have the police office located at the site. They were accessible and responsive throughout the proposal process. There were no concerns expressed in the committees' contacts with any tenants of nearby businesses. It is felt the presence of a police office at this location will help address local problems, such as graffiti, vandalism and other security concerns. 374 Police Office Evaluation Criteria Worksheet J. Paul Building Suite 119 • Availability and Timing Issues Ranking: EXCELLENT The site is available immediately. Improvements by the landlord are very minor and could be accomplished in a few days. Police and City staff would be responsible for coordinating all other improvements and providing furnishings. • Site Features Ranking: EXCELLENT The site contains adequate office space. The open main office area would need to be portioned for cubicles or individual desks. There is an area for storage of bicycles and Segways with excellent access to the outdoors. The site is conducive for the concurrent operation of both front-end and back -end operations, and has adequate meeting space for both. • Cost Ranking: GOOD The lease covers the site "as -is," except for a minor window change. Utilities are not covered by the lease. All other costs for improvements, furniture and equipment would need to be paid by the City. The committee estimates the funds already budgeted for the office would not cover all the first year costs. After the first -year lease and utilities are paid the committee estimates about $63,728 would remain available; however, the committee estimates the cost to fully furnish and equip the site would be $113,000 (leaving an estimated deficit of $49,272). Needed improvements and/or equipment would have to be deferred or an additional appropriation would be needed. FY 2009-2010 Lease and Utility cost total is estimated at $103,335. The offered lease term is ten years with two 5-year extensions. Yearly lease increases are limited to 3% annually. 375 3 City of 8...:e.!!r at. kY..dG Cwty.r4.ry�:0.r.at POLICE OFFICE FINANCIAL SNAPSHOT' Site Evaluated: J Paul Building — Suite 119 (3,339 square -feet) Lease — Year 1 = $1/sq-ft + $0.32NNN Year 2 = $1.65/sq-ft + $0.33 NNN Year 5 = Year 10 = _ $3,339 + 1,068 = $4,407 / month _ $6,611 / month =$7,221 / month =$8,346 / month Term: 10 years with two 5-year extensions / Increases 3% per year 2008-2009 — Assuming Move -in on 10/1— (9 months) Lease = $39,667 Utilities = $16,605 Total Fixed= $56,272 Total Remaining for Furniture / Equipment / Improvements = $63, 728 Estimated Cost to Equip = $113,000 (V year Deficit = $49,272) 2009-2010 Lease = $79,335 Utilities = $24,000 Total Fixed = $103,335 'All financial data was rounded during calculations, which might cause slight variations against actuals. Figures are for illustrative and comparison purposes only. Triple Net computed at 1 cent increase each year. e Desert" 1� 376 z • • ° A a g r ara :� ara g 0 w cs ya O M l CD �' A s 377 �- p... ... � n.,. p.......... a �r 9 q m3�...., Q .., ..p oo om' ap. ...........p )j p.............� 0� p �..., ..� •d a.a.�sm�� '4 ...... p}If 0 W co 91 �l t Fir i �'• ��t,� � r� t �tT'��v`i�r "v u f �, k t � � ` r�. r ' % � "� � w -. � e ; � Y w Jf ' a...,,�..,+,,,, _,�-�v.Y-.,y;ut � ,. ,Sv t wr 5 (' .^.-:7 w y"... ,.- r t + 4 ar a.m..mv� � ,' • LE .=-z>� rSz I �` r `. 'fi.1 • itk 0 �' t� Irtiit d t- It�.,ut ! r� � I m^ t k i i a( wwsuc-xrau J. y 1 l Ir r t ij f � f IA x •.Rv_.°a7 a'Xt-S"� �' t -.., r- a•,.{ s„r. T ,T Tr Ir � 1Vd.3 Nf10 .._ q r IY eyrv.sttl'= di 4'TT r L. i 9r` t A4 &� r9+{w�' �b�'"e .} `/ 1 � � tl t � { r � A'A:y' .x... � _ ♦ a � � �r°{/.�1 .rrs��'�K�^'Wye� Y'"'� � i1�. 1 rJ ; ..� sC'd i+. �.D• x+ �. � xYiht-dt n`,tl�, , { � 11 � :'T 1{ •? d )s {. , � s q ..� 1 � �'i Qy rl �-. �`! � ,!' �."' f 1. �i.•�r �t -i St --77{ r' r t �, �t FBI la r� ) ...$r 1 s n .+.: 1 11x • Y of n au1 L � 7 a _z _ ..7 .-t^ 0-T, , { COMMERCIAL REAL ESTATE SERVICES Dani Alexander Vice President CB Richard Ellis, Inc. Retail Services August 28, 2008 City of La Quints c/o La Quinta Police Dept. RE: Letter of Intent — La Quinta Police Dept. Dune Palms Plaza La Quinta, California Dear Sirs: CBRE CB RICHARD ELLIS 74-770 Highway 111, Suite 101 Indian Wells, CA 92210-711A T 760 340 0106 F 760 341 8602 dani.alexander@cbre.com www.cbre.com CB Richard Ellis, on behalf of Dune Palms Plaza ownership is pleased to submit this Letter of Intent to Lease space formerly occupied by Transwest at 47-120 Dune Palms Rd, La Quinta, California under the following terms and conditions: 1. TENANT: City of La Quinta for the La Quinta Police Dept. 2. LANDLORD: Pat & Jack Wood 3. PREMISES: An approximate 5,058 square foot suite in a single -story, multi - tenant building. 4. USE: Police Station. 5. SECURITY DEPOSIT: None. 6. TERM: Ten (10) years with one (1) Option to Renew for an additional five (5) years. 7. RENTAL: Base Rent for the Premises shall be $1.44 per square foot fixed for Years One and Two, with annual increases as follows: Year3: $1.60 Year4: $1.70 Year 5: $1.80 5% annual increases thereafter for Years 6-10. 8. TRIPLE NET CHARGES: NNN charges shall be estimated at $0.35 per square foot but are actual. 3001 9. OPTION RENT: Then existing market rate but in no event less than Base Rent for the year immediately preceding the Option Term. 10. TENANT OCCUPANCY: Delivery of Premises by Landlord to Tenant to be no later than November 1, 2008. However, offices can be delivered earlier. 11. LANDLORD'S WORK: Landlord will deliver the space in tenant ready condition (as mutually agreed upon by Landlord and Tenant), with HVAC, plumbing, electrical and sewer in good operating condition. 12. ADDITIONAL ITEMS PROVIDED By 1 . Office furniture (Inventory to be provided). LANDLORD AT NO COST TO 2. Refrigerator & Microwave. TENANT: 3. Credit of $2,000.00 for building Signage. 4. Monument Signage on Highway 1 1 1 . 5. Window Treatments. 6. Landlord to provide door between reception area and offices. 7. Built-in work stations & shelving. 8. Existing security system. 13. TENANT IMPROVEMENTS: All additional Tenant improvements shall be at Tenant's sole expense and shall conform to a high quality of design approved by Landlord prior to commencement of work. Tenant shall submit plans and specifications for any and all tenant improvements commenced by Tenant to Landlord and, where necessary, the City of La Quints and other applicable government agencies for their required approval prior to commencement of work. 14. NNN: Tenant will reimburse Landlord for its pro-rata share of NNN expenses for the Center. Tenant's prorata share of these costs will be based upon the total square footage of the demised premises as a percentage of the total square footage for the improvements of the shopping center. 15. INSURANCE: Tenant shall be responsible for obtaining and maintaining insurance coverage on the Premises in an amount not less than $2,000,000 during the term of the Lease. 16. MAINTENANCE: Tenant shall be solely responsible for cleaning, repairing and maintaining the interior areas of the Premises, inclusive of the air conditioning and heating systems. Landlord shall be solely responsible for cleaning, repairing and maintaining the exterior areas of the Premises. 17. UTILITIES: Tenant shall pay all utilities consumed servicing the Demised Premises and said utilities shall be separately metered. 332 18. SIGNAGE: Tenant shall have the right to place its standard size and design signs on the front exterior elevations of its building, subject to the Municipal requirement and Landlord's signage guidelines. 19. PARKING: Tenant shall be permitted to utilize the public parking lot located at the property for its clients and employees on a non-exclusive basis. 20. FINANCIAL CREDIT. This proposal is based on Tenant's representations that its credit condition is stable and of high quality. Tenant agrees to provide Landlord with all reasonable and necessary financial information required for Landlord to sufficiently evaluate Tenant's financial condition and this proposal is conditioned upon a satisfactory review of such information by Landlord. 21. SUBJECT To LEASE EXECUTION: This proposal is an outline of the major Lease provisions only and is neither a binding legal document nor should it be construed as a legal offer to Lease. Neither Landlord nor Tenant shall have any obligation resulting from the proposal made hereby, nor shall any obligation or liability be incurred by either party until and unless a Lease is executed and delivered by both parties. 22. COMMISSIONS: Real Estate commissions with respect to the Lease shall be the responsibility of Landlord as per a separate written agreement. 23. PROPOSAL EXPIRATION. Time is of the essence in this proposal; this offering of space will therefore be withdrawn unless accepted in writing by Tenant no later than September 19t6, 2008. This letter/proposal is intended solely as a preliminary expression of general intentions and is to be used for discussion purposes only. The parties agree that this letter/proposal is not intended to create any agreement or obligation by either party to negotiate a definitive lease/purchase and sale agreement and imposes no duty on either party to continue negotiations. The parties intend that neither shall have any contractual obligations to the other with respect to the matters referred herein unless and until a definitive agreement has been fully executed and delivered by the parties. Prior to delivery of a definitive executed agreement, and without any liability to the other party, either party may (1) propose different terms from those summarized herein, (2) enter into negotiations with other parties, and/or (3) unilaterally terminate all negotiations with the other party hereto. As time is of the essence, we look forward to hearing from, you as soon as possible with your reply. Sincerely, 383 Danielle Alexander Vice President 760.340.0106 AGREED AND ACCEPTED: Tenant: By: Its: Date: Landlord: By: Its: _ Date: 384 REQUIREMENTS RECEIVED FOR LA QUINTA POLICE SUB STATION TRANSWEST HOUSING LOCATION PROVIDED NOT INCLUDED Office space layout requirements: All Layout Requirements Met Offices - 3 minimum x 12 cubicles plus 3 work stations for deputies x Conference room x Kitchen - (sink, dinning area, water outlet drain for ice machine) x Storage - (8 bikes and 2 se wa s) x Lobby x Two bathrooms x Equipment room for server/telephones x The following items need to be in the proposal: Furniture and Equipment: Offices - desk, chairs, filing cabinets, credenzas, wardrobe in each office Inventory List to Follow Cubicles - chairs, storage, cabinets, outlets Inventory List to Follow Lobby - two chairs and a small table May be Provided Lockers/storage cabinets x Kitchen -refrigerator, microwave, ice machine x Dining area - table and chairs for 10 x Conference room - Table and chairs for 8 x TV x Window coverings x La Quinta Police signage $2000 credit Drinking fountain x Trash cans (enough for each work station) x Wall Clocks, shelves x Bulletin boards x White Boards for conference room x Copy machine x Fax machine x Computer work stations - 20 (we will work with out IT department on this cost, however it is included in the 120K) n/a Extras provide by Landlord: Security System installed in space x Cable TV service to suite x Trash service included x ..... 385 I ce- ADD ty OFTICF copy VL ct- VF-- ci rm) rq Vic) l!":- 12V� KT, L7t,�(,Cvl OAF ICE q-!q D utiE [AL-msS F-C) Su I T-F-- LA L) I NnA , CA q NOTE: ALL BUILT-IN STORAGE FULL SIZE REFRIGERATOR SEPARATE ROOMS FOR COPIER AND KITCHEN 339 CENTRALLY LOCATED RESTROOMS LUNCH ROOM 320 LARGE MEETING / MULTI -USE ROOM 1. 391 0 392 ..�.. s .Al °i INTERVIEW ROOM NEAR STORAGE ROOM REAR ENTRANCE NOTE: EXISTING STORAGE SHELVES BICYCLE ROOM NEAR SECOND REAR DOOR 394 wool a - I - I�I� = = in� 1 =litowl I . 4�Ilra�l�■Irl rl�ni■� �h� �; ling -I Mason --- •,:sea .V IY �.�' FAT DOUBLE -ROW PARKING FRONT AND REAR 396 FRONT VIEW — PROPOSED LA OUINTA PD SITE LA QUINTA POLICE REAR ENTRY — NOTE TWO DOORS AND WINDOWS 397 MONUMENT SIGN ON HIGHWAY 111 398 c&t!t 4 4QK&rw COUNCIL/RDA MEETING DATE: September 16, 2008 AGENDA CATEGORY: BUSINESS SESSION: A CONSENT CALENDAR: ITEM TITLE: Consideration of a Facility Use Agreement STUDY SESSION: with the La Quinta Arts Foundation PUBLIC HEARING: RECOMMENDATION: Approve the Facility Use Agreement with the La Quinta Arts Foundation (Foundation) for the Civic Center Campus, authorize the City Manager to execute the Agreement and provide staff with direction regarding the application of the facility use fee for the term of the Agreement. FISCAL IMPLICATIONS: Should the City Council approve the five-year agreement with the Foundation for the use of the Civic Center Campus, the Foundation potentially would be displacing other users of the facilities which would generate facility use fees. As currently drafted, the Facility Use Agreement would require that the Foundation pay the established use fees for the utilization of the City facilities. If the Council chooses to exempt the Foundation from the payment of the fee for the term of the agreement, the City may potentially lose approximately $20,800 annually in facility use revenue at the Civic Center Campus and Senior Center. The City Council may want to provide direction to staff regarding the facility use fee on an annual basis. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On April 22, 2005, the City received correspondence from the Foundation requesting consideration for a multi -year agreement to use the Civic Center Campus for the La Quinta Arts Festival (Attachment 1). In 2006, the Foundation utilized the Civic Center Campus and Senior Center for the Festival and paid the established facility use fees for such use. The facility use fees�ia were deducted from a marketing grant prior to issuance of funds to the Foundation for facility use fees totaling $20,800. The Foundation used the Civic Center Campus and Senior Center for the Festival in 2007 and 2008, but in those years the Foundation was exempted from paying the fees. Instead, the City paid the fees in 2007 and 2008. Attachment 2 is a proposed Facility Use Agreement in which the Foundation would be granted use of the Civic Center Campus (which would also include the Senior Center) for five years. If the City Council wishes to have a shorter term, the Agreement will be revised accordingly. The Foundation will need to apply for a Temporary Use Permit for each annual event. The Foundation has requested that the facility use fee be exempted for the term of the Agreement and have the City pay the fees (Attachment 3). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Facility Use Agreement with the La Quinta Arts Foundation for the Civic Center Campus, authorize the ,City Manager to execute the Agreement and provide staff with direction regarding the application of the facility use fee for the term of the Agreement; or 2. Approve the Facility Use Agreement with the La Quinta Arts Foundation with modifications and provide staff with direction regarding the application of the facility use fee for the term of the Agreement; or 3. Do not approve the Facility Use Agreement; or 4. Provide staff with alternative direction. Respectfully submitted, IE6 Edie Hylibn Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. April 18, 200 Letter 2. Facility Use Agreement 3. June 6, 2008 Letter 4�0 April 18, 2005 Mr. Thomas P_ Genovese, City Manager City of La Quints P. O. Box 1504 La Quinta, CA 92247 Dear Tom, ATTACHMENT 1 APR 2 1 2005 MT`S FOUNDATION As the curtain falls on the 23b annual La Quints Arts Festival, It is with optimism for the future that I write to you. The very successful show drew rave MvWm from attendees and artists alike proclaiming the La Quanta Civic Center Campus the most aesthetically perfect venue to showcase the highest quality art offered at the Festival. Literally thousands of Le Quints residents and beyond were introduced to the beautiful Campus and its many wonderful features, and they can'tstop talking about IN In addition, the proceeds from the event will for yet another year, suocessfully fund LQAF's education programs and scholarships In our local elementary, high schools and colleges. The City of La Quinta grasped long ago the concept of integrated communities where recreation and cultural opportunities are a significant dynamic that entices people to choose where and how they want to live — a fi%style. It has been said maturing LaQuuint Arts Festival is the cultural gem In La Quinta's crown, growing up and right along with the City. As the City plans for its future growth, so too is La Quanta Arts Foundation. The purpose of this letter is to first thank and acknowledge all City staff and Council Members who supported and assisted with La Quinta Arts Festival 2005. It truly takes the receptiveness and cooperation of hundreds of people in the community to accomplish a well -run event of this magnitude. We sinor,rely appreciate the cooperation afforded LOAF through the process. Next, we would like to open a dialogue to explore the possibility of a multi -year agreement to hold the annual La Quints Arts Festival at the Civic Center Campus along with the City of La Quinta as the Premier Sponsor of the event to include the annual Contract Services Agreement. We know the Civic Center Campus, while beautiful, has inherent challenges such as parking and deterioration of the space for City Hall expansion. However, we believe that if we begin discussions now those challenges can be remedied. in addition, we are underway planning the Foundation's overall activities for FY 06-06. Desert Pleln Air and Art Under the Umbrellas programs are tag r0vjgwed. it may be appropriate to include these activities in our discussions as well. 401 POST OFFICE BOX 777 A LA QUINTA, CA 92247 A 76-) 564 1244 A. FAX 760 564 6884 Mr. Thomas P. Genovese City of La Quints April 18, 2005 Page Two Finally, while we are considering our short term needs and plans for the next three to five years, we also are look6rg beyond that scope to begin formulation of long range plans for the Foundation. SiNerRock Resort has been mentioned as a possible rm peanent location for La Quinta Arts Festival and perhaps a La Quinta Arts Foundation program and administrative center. As the next phase of planning and development begins for SilverRock Resort's build out, we request to be included in the process. May we set up an appointment at your earliest convenience to begin our discussions? Christi Sala r9me Executive Director Cc: LQAF Board of Directors Mark Weiss, Assistant COY Manager Dodie Horvitt, Community Services Director Honorable Mayor Adolph and City Council Members 4�2 ATTACHMENT 2 FACILITY USE AGREEMENT BY AND BETWEEN THE LA QUINTA ARTS FOUNDATION AND THE CITY OF LA QUINTA This Facility Use Agreement ("Agreement") is entered into this _ day of , 200 , by and between the La Quinta Arts Foundation, a California non- profit organization ("Foundation"), and the City of La Quinta, a municipal corporation ("City"). The City and the Foundation are sometimes hereinafter individually referred to as "Party" and collectively as "Parties." RECITALS WHEREAS, the City owns certain real property generally referred to as "the Civic Center Campus" located between City Hall, the Senior Center, and the City Library; within the City (the "Property"). The Property is depicted on Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the Foundation organizes and puts on an annual four -day outdoor fine arts festival referred to as the La Quinta Arts Festival ("Festival") customarily held on the third weekend in the month of March in the City; and WHEREAS, the City supports and encourages cultural events which provide benefits to the community; and WHEREAS, in consideration of the Foundation's efforts in connection with the Festival, the City agrees to allow the Foundation to use the Properties for the Festival on the following terms and conditions. AGREEMENTS NOW, THEREFORE, in consideration of the foregoing recitals and other valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Grant of Non -Exclusive Use of the Property. The City hereby grants the Foundation the right to use the Properties subject to the terms and conditions of this Agreement. The use of the Properties shall be subject to the City's use of the Properties in the ordinary course of business and as further described herein. 2. Periods for Use of Property. Foundation shall have use of the Property for the following Festival periods for the Festival break -down and clean-up (collectively referred to in the singular as "Use Period"): Page 1 of 10 4'?3 2009 2010 2011 2012 2013 Set Up & Strike Mar 2-16 Mar 1-15 Feb 28-Mar14 Feb 27-Mar 12 Feb 25-Mar 11 Festival Dates Mar 12-15 Mar 11-14 Mar 10-13 Mar 8-11 Mar 7-10 During the Use Period, the Foundation shall use the Properties for purposes of organizing and putting on the Festival. The Festival set up, operation, and tear down shall be undertaken in substantially the same manner as the 2008 Festival. If the Foundation decides to alter the dates Use Period for any reason, Foundation shall, not less than six (6) months prior to the desired dates, provide City a written request with alternate dates for the Use Period and the City shall, at its sole discretion, approve or deny such request in writing. 3. Term. This Agreement shall be valid from the date of execution until March 31, 2013. The obligations of Foundation under this Agreement shall survive termination of the Agreement. 4. Applicable Permits and Fees. Prior to commencement of the Use Period and as a condition precedent to the City's obligations under this Agreement, Foundation shall procure and obtain at its sole cost and expense all licenses, permits, consents, and authorizations as may be necessary or required by law for the use of the Property for the Festival including, but not limited to, the City's Special Events permit. The Foundation shall pay the attendant facility use fees and the normal permit processing fees. The Foundation shall comply with all necessary terms and conditions relating to procurement of such licenses, permits, consents, and authorizations, including, but not necessarily limited to, any insurance requirement. 5. Materials and Personnel Provided by Foundation. Foundation shall provide all materials and equipment to be used in the Festival. Foundation shall at its sole cost and expense employ an adequate number of competent and responsible personnel to be on the Properties at all times during the Festival to supervise participants and spectators and ensure safety and order. 6. Parking Facilities. The City grants Foundation the non-exclusive right to use City owned parking lots on the Properties during the Use Period. Notwithstanding the foregoing, Foundation shall, at its sole cost and expense, employ an adequate number of competent and responsible personnel to be present at all times on the City Hall South parking lot during the Use Period for the purpose of ensuring that no vehicle associated in any way with the Festival parks without prior written approval from the City Manager. Said personnel shall be directed to allow all City employees and persons conducting City Business to park in the City Hall parking lot during City business hours. The Foundation shall develop a parking plan for the Page 2 'of 10 4 location which ensures that parking associated with the Festival in no way interferes with parking associated with City Hall and the Library building operations. 7. Responsibility for Participants. Foundation shall be solely responsible for the care, safety, and supervision of all participants and spectators present on the Properties during the Use Period and for all claims and liabilities arising there from. 8. Foundation's Obligations With Respect to Condition of Property. (a) Foundation shall maintain the Properties and all improvements thereon in good condition, free of debris, rubbish, waste, and graffiti. It shall be the obligation of Foundation to ensure that the Properties are restored at the end of the Use Period to the condition that the Properties were in at the commencement of the Use Period. The determination of whether the Properties have been properly restored shall be made by the City Manager or his designee, and his determination shall be final. The Foundation shall take all steps directed by the City Manager or his designee to restore the Properties to his satisfaction. (b) Foundation shall be responsible to make all repairs and/or replacements of any City property destroyed or otherwise damaged during the set up, the tear down, or the Use Period by Foundation employees, or agents or by participants and/or spectators of the Festival. The City may demand that any damage or destruction be repaired or replaced by Foundation within thirty (30) days of the end of the Use Period or, at City's discretion, City may make such repair and replacement and Foundation shall reimburse City for such expense within thirty (30) days of receipt of invoices reflecting said expenses. (c) If any such destruction or damage occurs during the Use Period on the Property, it shall be presumed between the City and Foundation that the expense of such destruction or damage is the obligation of Foundation and the burden shall be placed on Foundation to prove that City should be liable for such expense. (d) Foundation shall be responsible, at its sole expense, to discard all debris, rubbish, and waste on the Property resulting from the Festival legally in a location off of the Properties. 9. No Guarantee of Grant Funds. This Agreement shall not be read, interpreted or understood as a guarantee by the City of any funds, compensation, or grants to Foundation for the Festival and shall not have the legal effect of superseding any prior agreement or understanding between the City and Foundation in this respect. 405 Page 3 of 10 10. Limitation on Use of the Property. Foundation shall have no legal or equitable claim against the City, City agent, or third Party to the extent that City construction or repair activity restricts in any manner the ability of Foundation to use the Properties as envisioned herein. 11. Call Out List. No less than two months prior to commencement of the Use Period, Foundation shall provide the City a call out list with the names and contact information for persons designated by the Foundation authorized to act on its behalf with respect to the Festival, making any decision necessary in connection with the Festival, and to respond to any City inquiries. 12. Non -Assignment. Foundation's rights under this Agreement to use the Properties for the Festival are personal to Foundation and non -assignable without written consent from the City, and any purported transfer, assignment, or other conveyance of any of the rights under this Agreement absent such City. consent shall be null and void. 13. Applicable Law. Foundation shall keep itself fully informed of all existing and future state and federal laws, and all county and City ordinances and regulations which in any manner affect the activities of Foundation under this Agreement, and shall at all times observe and comply with, and cause all of Foundation's employees, agents, volunteers, participants, and spectators to observe and comply with, all such laws, ordinances, and regulations. 14. Insurance. (a) Foundation shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, commercial general liability insurance against all claims for injuries against persons or damages to property resulting from Foundation's acts or omissions rising out of or related to Foundation'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 Foundation's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate of insurance with endorsement evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be in accordance with the following limits: $1,000,000 per occurrence; $3,000,000 annual aggregate. (b) Foundation shall also carry automobile liability insurance of $3,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Foundation, its officers, any directly or indirectly employed by Foundation and agents or anyone for whose acts Page 4 of 10 406 any of them may be liable, arising directly or indirectly out of or related to Foundation's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Foundation's performance hereunder and neither the City nor its insurers shall be required to contribute to such loss. (c) Foundation shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. (d) All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice of proposed cancellation to City. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Foundation's obligation to indemnify the City, its officers, employees, foundations or agents. 15. Indemnification. (a) Foundation shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents ("Indemnified Parties"), from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees ("Claims"), for injury to or death of person(s), for damage to property (including property owned by the City), or for errors and omissions committed by Foundation, its officers, anyone directly or indirectly employed by Foundation and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to this Agreement or the Festival, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. (b) In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceedings in any way involving such Claims, Foundation shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including attorney's fees, incurred in defense of such claim. In addition, Foundation shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 16. Remedies. In addition to any other remedies the City may have if Foundation fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: Page 5 of 10 407 (a) Obtain such insurance and invoice Foundation the amount of the premiums for such insurance. Foundation shall remit payment to City of such premium amount no later than three (3) days following receipt of such invoice. (b) Order Foundation to stop work under this Agreement and/or withhold any City obligation which becomes due to Foundation hereunder until Foundation demonstrates compliance with the requirements hereof. (c) Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for Foundation's failure to maintain or secure appropriate policies or endorsements, including termination at City's sole discretion. Nothing herein contained shall be construed as limiting in any way the extent to which Foundation may be held responsible for payments of damages to persons or property resulting from Foundation's performance of work under this Agreement. 17. Enforcement of Agreement. (a) 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, Indio Branch, State of California, and Foundation covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. (b) 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 three (3) days of service of such notice and completes the cure of such default within five (5) days after service of the notice, or such longer period as may be permitted by the nondefaulting Party; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted, including termination of this Agreement. (c) No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Foundation 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 Foundation. Any waiver by either Party of any default must be in writing and shall not be a Page 6 of 10 4 1) waiver of any other default concerning the same or any other provision of this Agreement. (d) 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. (e) 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. (g) Subject to any indemnification right of City, 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. 18. Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to Foundation, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Foundation or to its successor, or for breach of any obligation of the terms of this Agreement. 19. Miscellaneous Provisions. (a) Notice. Any notice, demand, request, consent, approval, communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally 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 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 Attn: Community Services Director Page 7 of 10 To Foundation: LA QUINTA ARTS FOUNDATION 78-150 Calle Tampico, Suite 215 La Quinta, CA 92247 Attn: Christi Salamone (b) Integrated Agreement. This Agreement contains all of the agreements of the Parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. (c) 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. (d) 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. (a) 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. [SIGNATURES ON FOLLOWING PAGE] 410 Page 8 of 10 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. Dated: ATTEST: Veronica J. Montecino, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Dated: CITY OF LA QUINTA: M THOMAS P. GENOVESE, City Manager LA QUINTA ARTS FOUNDATION: in Name: Title: 411 Page 9 of 10 EXHIBIT "A" 412 Page 10 of 10 June 6, 2008 The Honorable Don Adolph and La Quinta City Council Members Lee Osborne, Tom Kirk Stanley Sniff, Terry Henderson City of La Quinta P. O. Box 1504 La Quinta, CA 92253 Honorable Mayor and Council, ATTACHMENT 3 r c w o p • ro c � a A R T SU_ Further to LQAF's previous communications dated April 16, 2008, this correspondence attempts to further detail LQAF's request for FY 2008-09. In conjunction with June 14h City budget hearings we are asking Council's consideration of the following: 1.) Contract Services Agreement for $100,000 for production and promotion of the 2r annual La Quinta Arts Festival, March 12-15, 2009 with City of La GOnta as Premier Sponsor. 2.) Renewal of Facilities Use Agreement for 5 years. Waiver of associated rental fees for term of contract. 3.) Consideration to park at SilverRock Resort, La Quinta Arts Festival, March 12-15, 2009 without imposed fees. Parking at SilverRock would be advertised as free to the public with a free shuttle service. The cost of the shuttle service will be borne by LQAF and LQAF will be responsible to manage the parking with a professional service. 4.) Possible use of Civic Center Campus for Od annual Blues, Brews & BBQ (see b. below) 5.) Contract Services Agreement for $25,000 for Blues, Brews & BBQ. We would like to make the Council aware of collaborative activities planned for the benefit of La Quinta residents and visitors during FY08/09 that are in addition to La Quinta Arts Festival, LQAF's docent program in the elementary schools and the Visual Arts Scholarship program. a. Art Culture NighB_ife at Old Town La Quinta — Three days (one weekend) each month, July, August, and September 2008. b. Blues, Brews & BBQ — November 1, 2008. We continue negotiations with CVRPD for possible use of La Quinta Community Park for this event. While use of the park was granted, the conditions imposed of not allowing vehicles or trailers on the ball field incapacitate the event as designed_ We continue to work with the staff and board hopefully toward a mutual agreement If the request is granted by CVRPD, LQAF will retract request number 4. above. 413 c. La Quints Corrarnudty Services Excursions • 9-20-08 Georgia O'Keeffe Exhibit, San Diego Museum of Art • 10-1-08 Terra Cotta Warriors Exhibit at Bowers Museum • TBD Jazz at Thornton Winery, Temecula • TBD Musicals at Pantages Theatre d. La Quinta Museum Exhibits • 12-11-08 thru 2-1-09 Desert Plein Air - a collaboration between LQAF, City of Palm Desert Community Gallery and LQ Museum. • 1-10-09 thm 3-8-09 Teapots— Ceramic Exhibition with potential fundraising activities for LQ Historical Society, Friends of LO Museum, and LOAF • 5-15-09 thru 7-15-09 LQAF Scholarship Exhibit e. Art Under the Umbrellas at Old Town • Six Saturdays from October 2008 through April 2009 featuring art, demonstrations, live music and additional amenities, free to the public. Attached find draft budgets and supporting collateral for the listed activities. Thank you for your continued consideration. Christi Salamone Executive Director c. Tom Genovese, City Manager Edie Hylton, Community Services Director 414 Twyl 4 4 QK&M COUNCIL/RDA MEETING DATE: September 16, 2008 ITEM TITLE: Consideration to Appoint a Member to the Bob Hope Chrysler Classic Fund Distribution Committee RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: FIB [IyjX1 W*R31NA PUBLIC HEARING: Appoint a member to the Bob Hope Chrysler Classic Fund Distribution Committee (Attachment 1). FISCAL IMPLICATIONS: 101 rem BACKGROUND AND OVERVIEW: On June 6, 2007, an Amended Use Agreement was entered into between Desert Classic Charities, the Bob Hope Chrysler Classic, and the City of La Quinta, which added SilverRock Resort into the rotation for the Bob Hope Chrysler Classic. As part of this Agreement, "The City, at its option, may have a representative on the Fund Distribution Committee ("Committee") during the Term of this Agreement. If the Committee is dissolved, the City will hold a seat on the replacement committee that determines the distribution of the charitable funds generated by the Hope Classic. The representative shall have the same voting rights and other privileges as all other members of the Committee." The Committee meets once and that is usually in December or January. On October 2, 2007, the City Council appointed Mayor Adolph to serve as the City's representative on the Bob Hope Chrysler Classic Fund Distribution Committee. This year's Bob Hope Chrysler Classic Event will be held January 19 - 25, 2009. ,.- 416 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appoint a member to the Bob Hope Chrysler Classic Fund Distribution Committee; or 2. Do not appoint a member to the Bob Hope Chrysler Classic Fund Distribution Committee; or 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Charity Evaluation Committee Description 4A ATTACHMENT 1 Charity Evaluation Committee The function of the Charity Evaluation Committee is to evaluate grant applications submitted to Desert Classic Charities by qualified charitable organizations located in or directly serving the Coachella Valley. The committee consists of approximately 15 individuals. Most members are either current or former Classic Board members; others are individuals from the community well - versed in the unique challenges the Valley faces in dealing with its many and diverse charitable needs. A list of the current members of the committee is attached. Desert Classic Charities reviews charities and distributes charitable funds generated by the annual Bob Hope Chrysler Classic once each year. In May, all charities receiving funds the previous year are sent applications to be completed and returned by September 101n. In addition, any non-profit organization making a request for an application is sent one. After the deadline, the charities are reviewed and pre-screened to assure each meets the criteria established by the committee. Those charities meeting the requirements are assigned to individual members of the committee for review. Each member is assigned between three and five files, depending on the number received, by October 15`n Committee members receive the guidelines and other material developed over the years to assist in their mission of objectively researching the organizations. As part of their investigatory process, they are required to conduct on -site interviews and tour the facilities with the organization's Executive Director. Members are encouraged to submit written reports with their recommendation of approval or disapproval to provide continuity and a history of each charity's progress. The committee meets only once and that is usually in December or January. At this meeting, each organization is reviewed with the assigned director presenting the request, making his recommendation, and leading the general discussion. Each organization is voted upon. Through its nearly fifty years of giving, the Desert Classic Charities has amassed a wealth of background information on each of the organizations applying and furnishes whatever material and support the committee member may need in his evaluation process. The pattern the last few years has been to prepare checks as quickly as possible after the committee's general meeting. Committee members are urged to hand deliver the contribution to their individual charities. If that is not possible, the Classic's Administrative Director will serve that function. The committee's work is done until the next May when the process begins again. 417 CHARITY EVALUATION COMMITTEE James R. Reed, Chairman Keenan Barber, M.D. Robert P. Brennan George K. Collins Ernie Dunlevie John Evanson John M. Foster Howard Hubbard Kevin McGuire Steve Morton Bill Powers A. J. Staples Eugene Weisberg Dick R. Zeigler 418 .T s y y OF TtlF COUNCILIRDA MEETING DATE: September 16, 2008 ITEM TITLE: Consideration of Amendments to the Municipal Code, adding Section 11.20.220 to Prohibit the Sale, Use, and Discharge of Safe and Sane Fireworks in the City of La Quinta RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 1 Motion to take up Ordinance No. to amend the La Quinta Municipal Code by adding Section 1 1.20.220 to prohibit the sale, use, and discharge of safe and sane fireworks in the City of La Quinta by title and number only and waive further reading. 2 Motion to introduce Ordinance No. to amend the La Quinta Municipal Code by adding Section 11.20.220 to prohibit the sale, use, and discharge of safe and sane fireworks in the City of La Quinta, on first reading. FISCAL IMPLICATIONS: None initially. Following adoption, the City may incur cost in connection with enforcement of the proposed code section. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Staff is presenting this amendment for City Council consideration to establish a clear prohibition on the sale, use, and discharge of safe and sane fireworks in the City of La Quinta. Safe and sane fireworks are those that are approved by the State Fire Marshal and bear the State Fire Marshal's Safe and Sane Seal. Generally, they include Fountains, sparklers, wheels, smoke and snake items, strobes, ground spinners, novelty fireworks that do not travel, snappers, and caps. The State Fireworks Law (Health & Saf. Code § 12500 at seq.) allows the sale of safe and sane fireworks under certain conditions from noon June 28th through noon July 6th each year. However, local governments are permitted to ban the sale, use, and discharge of these fireworks within their jurisdiction. (See Health and Safety Code § 12541.) Most neighboring cities and the County of Riverside have adopted prohibitions on the sale and use of safe and sane fireworks. Similarly, the City of La Quinta had always taken the position that sale and use of safe and sane fireworks were not permitted within its jurisdiction because the City Council had not taken an affirmative action to authorize them. However, recently staff learned that an ordinance was necessary to effectuate a prohibition. The reasons for adopting an ordinance banning the use and sale of safe and sane fireworks in the City of La Quinta are numerous. The City's geographical location, which experiences periods of extremely high temperatures accompanied by low humidity and high winds each year, creates a significant risk of fire caused by the use or discharge of fireworks. Furthermore, fireworks are sold to children and, according to the U.S. Fire Administration, children under the age of 15 suffered 45% of all injuries from fireworks in 2003. Moreover, these fireworks are sometimes stored without safety precautions in residential neighborhoods. Thus, a ban of the storage, use, sale, possession, of handling of safe and sane fireworks in the City would help avoid a substantial threat to public health, safety, and welfare. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Amend the La Quinta Municipal Code by taking the following two actions: Motion to take up Ordinance No. to amend the La Quinta Municipal Code by adding Section 1 1.20.220 to prohibit the sale, use, and discharge of safe and sane fireworks in the City of La Quinta by title and number only and waive further reading. Motion to introduce Ordinance No. to amend the La Quinta Municipal Code by adding Section 1 1.20.220 to prohibit the sale, use, and discharge of safe and sane fireworks in the City of La Quinta, on first reading. 2. Do not introduce Ordinance amending the La Quinta Charter and Municipal Code; or 3. Provide staff with alternative direction. 11, 420 Respectfully submitted, T/P ��" Bret M. Plumlee, Assistant City Manager - Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Proposed Ordinance 2 421 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 11, CHAPTER 11.20 ("EXPLOSIVES") OF THE LA QUINTA MUNICIPAL CODE TO ADD SECTION 11.20.220 TO PROHIBIT THE STORAGE, USE, POSSESSION, AND HANDLING OF SAFE AND SANE FIREWORKS WHEREAS, the City Council of the City of La Quinta is committed to protecting the public health, safety, and welfare of the community, and to meet these goals it is necessary for the City Council to adopt measures, from time to time, to meet threats to the public health, safety, and welfare; and WHEREAS, the State Fireworks Law, California Health & Safety Code § 12500 at seq., generally allows the sale of "safe and sane" fireworks under certain conditions from noon June 28th through noon July 6th each year in the State of California; and WHEREAS, the City of La Quinta is authorized, pursuant to California Health & Safety Code § 12541, to prohibit the sale, use, and/or discharge of safe and sane fireworks within its jurisdiction; and WHEREAS, the City of La Quinta experiences periods of extremely high temperatures accompanied by low humidity and high winds each year that create a significant risk of fire caused by the use, discharge, and/or sale of fireworks; and WHEREAS, to avoid the threat to public health, safety, and welfare that would occur if safe and sane fireworks were permitted in the City, it is necessary to prohibit the storage, use, sale, possession, of handling of such fireworks in the City of La Quinta. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES ORDAIN AS FOLLOWS: SECTION 1. AMENDMENT TO MUNICIPAL CODE TITLE 11 (PEACE MORALS AND SAFETY): La Quinta Municipal Code Chapter 11.20, entitled "Explosives," is hereby amended to add section 11.20.220 to read as follows: 11.20.220 Safe and Sane Fireworks Prohibited. A. The storage, use, sale, possession, discharge and handling of safe and sane fireworks as defined in California Health and Safety Code sections 12529 and 12562 is prohibited within the City of La Quinta. 422 B. Safe and sane fireworks within the City of La Quinta are subject to confiscation and disposal by any peace officer or other City official authorized to enforce the La Quinta Municipal Code. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after adoption. SECTION 3. 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 on this day of 200_, by the following vote: AYES: Council Members NOES: Council Members I , ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) 423 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 424 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, VERONICA 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._ which was introduced at a regular meeting on the day of 2008 and was adopted at a regular meeting held on the day of 2008 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 98-109. VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA 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 MONTECINO, CMC, City Clerk City of La Quinta, California 425 Taf ^F.fwQ�ra COUNCIL/RDA MEETING DATE: September 16, 2008 ITEM TITLE: Discussion of a Request by Saint Francis of Assisi Church for City Assistance in Funding Storm Water Retention Facilities RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: _ STUDY SESSION: PUBLIC HEARING: Discuss the request by Saint Francis of Assisi Church for additional city assistance in funding the construction and ongoing maintenance of storm water retention facilities and give direction to staff. FISCAL IMPLICATIONS: Infrastructure funds in the amount of $397,576 were previously allocated toward funding the construction of storm water facilities for Washington Street adjacent to the Saint Francis of Assisi Church site in the Capital Improvement Project (CIP) budget. This cost was based on an above -ground retention basin in the area that currently has a frontage road and median both of which would no longer be necessary when the church site is completely developed. Due to site constraints, Saint Francis prefers to construct an underground retention basin rather than an above -ground retention basin in order to provide more parking spaces. Their preliminary cost estimate for the underground retention basin being proposed by Saint Francis is $4.6 million. Saint Francis requests that the City contribute 75% of the construction cost ($3.5 million) as well as 75% of future maintenance costs for the basin. Funding options available to the City Council for its consideration in funding the St Francis of Assisi Church underground retention basin request of $3.1 million for this underground retention basin include: 1) Consider a General Fund loan to the Redevelopment Agency (RDA) Project Area 2 Fund or 2) Utilize General Fund unallocated reserves. In addition, on -going maintenance of the underground facility would have to be included in a future budget if the City Council approves this funding request. CHARTER CITY IMPLICATIONS: None at this time. BACKGROUND AND OVERVIEW: In March of 2006, Saint Francis of Assisi Church filed applications in the Planning Department for Site Development Permit 2006-860, Conditional Use Permit 2006-097, and Environmental Assessment 2006-564. The proposed project included a new parking lot for the existing church, landscaping, lighting, a graded pad for a future building, new retention basins (both above -ground and underground), new entries in place of the existing frontage road entries, and a new traffic signal at the southern end of the project on Washington Street and Lake La Quinta Drive. The project entry to the church site located at the intersection of Washington Street and Lake La Quinta Drive would be shared with the adjacent residential subdivision being developed by Laing Luxury Homes. The Church's applications with the Planning Department are currently incomplete. St. Francis's engineer, Watson Engineering, submitted a preliminary hydrology report that asserts that 75% of the storm water that is currently flowing to the project site is related primarily to the City's realignment of Washington Street and the County's approval of the Highland Palms development which was not required to retain stormwater and drains to the church site. The Public Works Department has reviewed the engineers report and does not agree with all of the conclusions and assessments in the report. The staff has consulted with the City Attorney who recommends that the City either negotiate with the Church to reach an agreeable sharing of the costs or that the City prepare its own hydrology study to determine whether the City truly shares in the responsibility for the retention improvements. The study would determine whether the City has increased the amount of water draining over the Church property since the Church purchased the property (approximately 25 years ago) such that a parking lot that could have built without retention basins now requires retention basins in order to function. Attachment 1 is the letter from Saint Francis of Assisi requesting that the City pay 75% of the cost of the construction and ongoing maintenance of the storm water retention basins associated with the proposed Saint Francis development. Due to site constraints, Saint Francis prefers to construct an underground retention basin rather than an above -ground retention basin so that they can maximize the size 427 of the parking lot for their project. Watson Engineering submitted a preliminary cost estimate for the construction of the multi -plate steel underground retention facility sized for 8.4 acre-feet of storm water. This preliminary estimate for a multi -plate arch basin is $4.6 million. Watson Engineering did not submit preliminary cost estimates for the ongoing maintenance of the underground retention basin. The Watson Engineering analysis shows that approximately 1 acre foot of water is now flowing to the St Francis site due to storm water flowing from the additional tributary area that was created due to the City's realignment of Washington Street. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include 1. Direct staff to continue to work with Saint Francis of Assisi Church and the Church's engineer to reach agreement regarding the hydrology analysis and appropriate cost sharing, and complete the fiscal analysis; 2. Direct staff to initiate a hydrology analysis on behalf of the City; or 3. Provide alternative direction to staff Respectfully submitted, Ti othy R. nas o P.E. Public Works Dire or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Letter from Saint Francis of Assisi dated June 12, 2008 2. Cost estimate for underground Multi -plate system ATTACHMENT 1 ST. FRANCIS of ASSISI I Z June ��G, 2008 CATHOLIC COMMUNITY Honorable Mayor Don Adolph Council Member Terry Henderson Council Member Lee Osborne Council Member Tom Kirk Council Member Stan Sniff Dear Mayor Adolph and Council Members: St. Francis of Assisi Church and its 3500 parish families are seeking your help. As you know the Public Works Department is requiring that if the church proposes any development on its property south of the existing church that a storm water retention basin for the 100 year storm be built on church property. This basin would not only be for church property but all the area that is to the West, including the mountain ridge line and North to Highway 111, as well as all land located West of Washington Street. This represents about 75% of all the water the church would be required to retain. With the redesign of Washington Street all of this water now funnels to a low spot on the frontage road in front of the church. The City has known about this and has set aside some funds in the Capital budget to participate in the solution. We have had our civil engineer prepare different options for review. One required a dedication of one acre of church property for an above ground retention basin. This drastically reduced the parking lot capacity. This was presented to the City staff who wanted to redesign the basin to be more aesthetically pleasing. The requested aesthetics of the redesign produced a total cost of about $3 million and would reduce the parking capacity as well as result in a 20 ft. hole. The civil engineer also designed an underground system that could handle the water and still provide the church with needed additional parking and appropriate aesthetics. The estimated cost of this system is $3.5 million. With either an above ground or underground system the church is requesting that the City provide 75% of the cost of the construction and the maintenance of the facility (which is considerably higher than the funds originally budgeted by the City). This facility will allow the City to retain the storm water that was created by City development of Washington Street and the lack of appropriate storm drains in the Highland Palms subdivision. 47-225 WASHINGTON STREET • LA OUINTA, CALIFORNIA 92253 • (760) 564.1255 • FAX (760) 564-07W. 4 2 j Asking a non profit religious organization to dedicate its land, pay for the vast majority of the cost of the storm water improvements and maintenance of the storm water system that is handling all of the water generated from developments to the North that are not church property seems inequitable. Therefore the church is asking for assistance in the construction and maintenance of the storm water system that the City is requiring. The church understands the storm water generated from the proposed church project should be handled by the church. Finally, Saint Francis church requests the City Council to consider this proposal as soon as conveniently possible so an informed decision can be made by the church whether to develop or to not develop the parking lot. At this point without the storm water system required to handle "non church water" but adhering to all other City requirements the estimate to construct the parking lot is $4 million. Thank you for considering our request and please advise us when this matter will be considered by the City Council so that church representatives can be present. Sincerely, Fr. James Mc Laughlin, Pastor Tom Ward, Construction Coordinator cc: Thomas P. Genovese, City Manager .--Timothy R. Jonasson, Public Works Director/City Engineer Les Johnson, Director, Community Development Department Prest Vuksic, Architects 430 MAA W&W Design Development, Inc Watson Engineering 81735 Hwy 11 1, Suite B Indio, CA 92201 Phone (760) 342-7766 Fox (760) 342-7716 Facsimile Cover Sheet -"- From: J Yci aC �C.� J- M Company: Date: Fax No. 9 S o8 779 ' 'Cr?4 Project/Job No. /Reference No: UC 1 ypV m4y u.J�( 'fo a,�a.�� e.. ersT7ma,Tes � �� so rvl �r � a.o-wi�i n 1cs • �% 431 - ATTACHMENT 2 `�1VfS�IV1U ]�ces�l%;ml 1Dke�vice�l(ro�Ip»nnxe�nl�ty ll�ntcC� CIVIL ENGINEERING O LAND PLANNING ST. FRANCIS OF ASSISI COST ESTIMATE BASIN 4 UNDERGROUND STORAGE - 24 HOUR STORM 5.4 A.F. ' ITEM TY. UNIT PRICE COST 1) Excavation & Backfill LS 1 150,000.00 150,000.00 2) Furnish Multi -Plate Arch LS 1 912,083.00 912,083.00 3) Bulkhead Construction CY 492 700.00 344,400.00 4) Installation of Structure LF 978 126:00 123,228.00 5) Foundation Concrete CY 1,763 500.00 881,500.00 61 Maxwell Drywells EA 6 30,000.00 180,000.00 Subtotal 2,5 91,211.00 Mobilization (5%) 129,561.00 Contingencies (15%) 388,682.00 TOTAL 3,109,454.00 BASIN 4 UNDERGROUND STORAGE - 6 HOUR STORM 7.4 A.F. ITE OTY. UNIT PRICE COST 1) Excavation & Backfill LS 1 200,000.00 200,000.00 2) Furnish Multi -Plate Arch LS 1 1,216,111.00 Is216,111.00 3) Bulkhead Construction CY 656 700.00 459,200.00 4) Installation of Structure LF 1,304 126.00 164,304.00 5) Foundation Concrete CY 2,347 500.00 1,173,500.00 6) Maxwell Drywells EA 8 . 30,000.00 240,000.00 Subtotal 3,453,115.00 Mobilia.ation (5%) 172,656.00 Contirgercies (15%) 517,967.00 TOTAL, 4,143,739 00 Bh735 State Highwag III • Suite B Indio, California 92201 •' (760) 342 7766 • Fax (760) 342 7716 43 BASIN 4 UNDERGROUND STORAGE - 3 HOUR STORM 8.4 A. F. IT OTY• UNIT PRICE 1) Excavation & Backfill LS 1 230,000.00 2) Furnish Multi -Plate Arch LS 1 1,398,900.00 3) Bulkhead Construction CY 656 700.00 4) . Installation of Structure LF 1,500 126.00 5) Foundation Concrete CY 2,700 500.00 6) Maxwell Drfwells EA 8 30,000.00 Subtotal Mobilization (51/6) Contingencies (15%) TOTAL BASIN 4 UNDERGROUND STORAGE -1 HOUR STORM 8.6 A.F. ITEM OTY• UNIT PRICE 1) Evacuation & Backfill LS 1 246,000.00 .2) Furnish Multi -Plate Arch LS 1 1,477,239.00 3) Bulkhead Construction CY - 656 ' 700.00 . 4) Installation of Structure LF 1,584 126.00 5) Foundation Concrete CY 2,852 506.00 6) Maxwell Drywells EA 8 30,000.00 Subtotal Mobilization (5%) Contingencies (15%) TOTAL COST 230,000.00 1,398,900.00 459,200.00 189,000.00 1,350,000.00 240.000.00 3,867,100.00 193,355.00 590.056.00 4;640� 11.00 COST 240,000.00 1,477,239.00 459,200.00 199,584.00 1,426,000.00 240,000.00 042,023.00 202,101.00 606.304.00 1,850,428.00 433 AGENDA CATEGORY: e cF`y oF'MF'� COUNCIL MEETING DATE: September 16, 2008 ITEMTITLE: Discussion of Design Options for Placement of Street Names Signage in the Cove Area RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: Proposed Construction Costs for signage options: BUSINESS SESSION: CONSENT CALENDAR: nn STUDY SESSION: d— PUBLIC HEARING: Option No. 1 (Install 4 new signs and 2 new posts at the center of curb return for each of the 282 intersections) $185,000 Option No. 1A (Same as Option No. 1 but with the City logo on each sign) $195,000 Option No. 2 (Install new signs on the existing stop sign posts) $110,000 Option No. 3 (Remove conflicting landscaping from parkways) $ 20,000 Option No. 4 (Paint all 267 Obelisks with reflective paint) $ 30,000 The Fiscal Year 2008/2009 budget Account 101-7003-431.56-46 contains $100,000 toward street signs. Any option over this amount would require an additional appropriation from General Fund available reserves 101-0000-290.00- 00. CHARTER CITY IMPLICATIONS: None. 434 BACKGROUND AND OVERVIEW: There are currently 282 street name signs in the cove area. The signs were originally installed in late 1986 and early 1987 with one sign being placed at the southeast corner of each intersection. Due to a number of factors (low levels of lighting, landscape interference, lack of signage etc.) there have been complaints concerning the visibility of the street name signs and difficulty in navigating the Cove area in general, especially during the evening and nighttime hours. Staff researched possible methods of increasing the visibility of the street name signs in the Cove area and presented alternatives for the Council's consideration during the June 2, 2008 City Council Meeting. The council directed staff to get input from the Cove neighborhood on the different sign options and return with design recommendations. On July 15, 2008, The City instituted the Cove Area Street Sign Demonstration Project and installed new 9" reflective street signs along Calle Nogales in the La Quinta Cove Area. The new larger high reflectivity signs were placed on both new posts at the center of the curb returns and on the existing stop sign posts. One of the obelisks was also painted with reflective paint. The City asked for feedback from residents on the daytime and evening hour functionality of these new street signs. Feedback from the Cove residents was almost entirely positive with the majority of responses favoring the new posts at the center of the curb return. Responses concerning the obelisks were split with some favoring keeping the obelisks and others preferring they be removed. The reflective paint did not appear to make the obelisks more visible. Based on feedback from the residents staff has developed the following options for the Council's consideration. Except were noted cost estimates are based on recent contract prices for public works projects. 1 . Install new larger high reflectivity signs on new posts located at the center of the curb return. This will entail the placement of two new posts located at the center of the curb returns of the southeast and northwest corners of each intersection. Each post will contain two new signs. The estimated cost of this alternative is $185,000. Placement of the City of La Quinta seal on each sign in color will add approximately $10,000 to the total cost. 435 2. Install the new larger high reflectivity signs on the existing stop sign posts. This alternative would utilize the existing stop sign posts and replace the existing street name signs with the new larger signs. The signs would be placed 15 feet back from the start of the curb return and be less visible. There would be a cost savings by not having to purchase new posts. The total estimated cost for this alternative is $110,000 3. Remove conflicting landscaping from parkways. Visibility is further decreased at some intersections due to trees and bushes growing up to and in some cases covering the signs from view. Removing these interfering plants and trees would increase visibility and can be used in conjunction with any of the other alternatives. One issue with this alternative is that there are many mature trees and bushes in the parkways that would have to be removed. Assuming 15% of the intersections have problems that will cost $500 to fix gives us an estimated cost of approximately $20,000. 4. Increase the visibility of the Obelisk Street Corner Monuments. The Maintenance Division currently re -paints and re -stencils approximately 40 of the 267 monuments per year at a cost of $4,370. The cost to rehabilitate all 267 monuments each year with reflective paint using a contractor would be approximately $30,000. FINDINGS AND ALTERNATIVES: As deemed appropriate by City Council. Respectfully submitted, Timothy R. J nas o , P.E. Public Works Dir orlCity Engineer Approved for submission by: Thomas P. Genovese, City Manager 436 REPORT/INFORMATIONAL ITEM: /Cl INVESTMENT ADVISORY BOARD Meeting July 16, 2008 CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 4:35 P.M. by Chairperson Daniel, followed by the Pledge of Allegiance. PRESENT: Board Members Moulin, Ross, Daniel, Rassi & Park ABSENT: None OTHERS PRESENT: John Falconer, Finance Director, Vianka Orrantia, Secretary, II. APPOINTMENT OF OFFICERS A. Appointment of Investment Advisory Board Chairperson Chairperson Daniel opened nominations for Chairperson. Chairperson Daniel nominated Board Member Ross for Chairman. VOTE: All Ayes MOTION - It was moved by Board Members Moulin/Park to close nominations and appoint Board Member Ross as the Chairman. Motion carried unanimously. B. Appointment of Investment Advisory Board Vice -Chairman Chairperson Daniel opened nominations for Vice -Chairman. Board Member Daniel nominated Board Member Park as Vice -Chairman. VOTE: All Ayes MOTION - It was moved by Board Members Moulin/Ross to appoint Board Member Park as Vice -Chairman. Motion carried unanimously. At this point in the meeting, Chairman Ross took over from Board Member Daniel in chairing the meeting. General comments ensued among the Board regarding the new Chairman and Vice -Chairman and the Board's hard work during the review of the investment policy. 431 Investment Advisory Board July 16, 2008 Minutes Ill. PUBLIC COMMENTS - (This is the time set aside for public comment on any matter not scheduled on the agenda.) None. IV. CONFIRMATION OF AGENDA -None. Mr. Falconer advised of a hand-out from Board Member Moulin to be discussed under Board Member comments. Chairman Ross requested that under the discussion of board member items that each board member takes the time to comment on any items of interest. V. CONSENT CALENDAR (This item was discussed prior to the appoinhnentof officers) Approval of Minutes of Meeting on July 16, 2008 for the Investment Advisory Board. Board Member Ross advised of minor corrections on page 1; Item III -Confirmation of Agenda: First paragraph: Mr. Falconer requested that an amended copy of page 3 of the May 14' minutes be added to the agenda W reflect [... I Heading of Item IV - Approval of Minutes of Meeting on May 14, (Moulin 2008 1... ) Board Member Ross asked, (page 2 Item V - Business Session, 5`" paragraph) for clarification as to whether or not Board Member Moulin was speaking in reference to the ordinance or the ad for recruitment of Investment Advisory Board Members. General discussion was ensued by the Board regarding the issue of the ordinance and ad; it was agreed by Board Member Moulin to leave the minutes as originally reflected. MOTION - It was moved by Board Members Rassi/Moulin to approve the minutes of July 16, 2008, as amended. Motion carried unanimously. VI. BUSINESS SESSION A. Transmittal of Treasury Report for May 2008 Mr. Falconer presented and reviewed the staff report advising the Board that the portfolio increased by $27.5 million in the month of May, due to 2 438 Investment Advisory Board Minutes July 16, 2008 the second installment from the County property taxes; waste hauling fees, lighting and landscaping, assessment districts and personal property taxes, with the bulk of the monies from redevelopment agency tax increments. Page 11 of the Treasurer's report reflects a decline in the yield of the portfolio from 3.41 % in April to 3.17% in May, due to the current economic market. Mr. Falconer further advised that there was an investment of $14 million in T-Bills to match the maturity for the upcoming debt service payment due at the end of August, which is estimated at $12 to $13 million. In addition, Staff temporarily increased the investments in commercial paper to take advantage of the short-term interest rates. In response to Board Member Moulin, Mr. Falconer advised that his choice in the purchase of commercial paper is based on the current yield and what is available. Mr. Falconer further advised that the current commercial paper he is not willing to purchase at this time is International Lease Finance due to their affiliation with AIG. In response to Board Member Ross, Mr. Falconer advised that the usual amount available to invest is $5 million per issuer per investment. In response to Board Member Ross, Mr. Falconer advised that the tax increment payments for this year were higher than the prior year but would possibly see changes in the upcoming year due to Prop 8 adjustments. MOTION - It was moved by Board Members Moulin/Park to approve, receive and file the Treasury Report for May 2008. Motion carried unanimously. B. FY 2008/2009 Meeting Schedule Mr. Falconer presented the 2008/2009 meeting schedule and commented that in the past the Board has gone dark in the month of August. Chairman Ross suggested that the Board meet in August for educational purposes and asked the Board if they had any ideas for the meeting. Board Member Moulin suggested that the Board select two areas for review for the upcoming fiscal year, one area being the City's internal controls. Board Member Daniel concurred and suggested that the Board meet earlier than the scheduled meeting time so there is no overtime incurred by the City employees. 3 439 Investment Advisory Board Minutes July 16, 2008 Mr. Falconer suggested running through an investment purchase. General discussion ensued among the Board regarding the topic for the August meeting and it was concurrence of the Board to meet at 4:00 p.m. in August to review internal controls. MOTION - It was moved by Board Members Moulin/Park to approve the Fiscal Year 2008/09 meeting schedule to meet monthly. Motion carried unanimously. C. Consideration of Approval of Investment Advisory Board 2008/2009 Work Plan Mr. Falconer presented the Investment Advisory Board 2008/2009 work plan and advised that the items listed, were derived from items discussed at prior meetings. Mr. Falconer further advised that also included was a handout from Board Member Moulin regarding Chapter 2.7 of the Municipal Code along with possible work plans regarding GSE's (i.e. Fannie Mae and Freddie Mac), reviewing LAIF and any other item for the Board's consideration. The work plan is scheduled to be presented to the City Council on August 5`h Board Member Moulin stated that he didn't feel that item 1 needed to be listed on the work plan. Mr. Falconer advised that the review of the Treasurer's Report is the previous history of investments and continued review of item 1 on the work plan would allow the Board and Staff to monitor GSE's, LAIF and Commercial Paper. In response to Board Member Park, Mr. Falconer advised that this item could be added to the monthly agenda as a Board Member item. Mr. Falconer further advised that placing this item on the work plan would inform Council that the Board is keeping an eye on these items due to their recent publicity. Board Member Denial suggested possibly placing on a bi-monthly basis on the agenda, so the review of item 1 does not become routine. Board Member Daniel further suggested an annual review of LAIF with a report written by those Board members that attend the annual LAIF conference. General discussion ensued among Board regarding item 1 of the recommended work plan. 4 440 Investment Advisory Board Minutes July 16, 2008 Board Member Moulin suggested a review of the monthly Treasurers Report. In response to Board Member Rassi, Mr. Falconer advised that the spread sheets for the report are routinely prepared. Mr. Falconer further advised that the reconciliation of cash is completed usually by the 10t" day of each month with the monthly Treasurers Report completed by the 15" of each month, with the report completed on a timely basis. Board Member Moulin advised that the Treasurer submits a quarterly report of investments for Council's review and this report might be one that the Board could review versus the Treasurers report. Mr. Falconer advised that the current Treasurers Report does not meet State code due to the fact that it is not submitted within 30 days; therefore Staff devised along with the auditors, the statement of quarterly investments and is presented to Council on a quarterly basis. General discussion ensued among the Board regarding the Treasurers Report and the wording for items listed on the 2008/2009 Work Plan. It was the concurrence of the Board to list the following items to the 2008/2009 Work Plan: 1) Review of Government Sponsored Enterprises (GSE's) and LAIF annually 2) Revise Chapter 2.70 of the Municipal Code 3) Review the provided information of content and presentation of the monthly Treasurers Report Board Member Moulin suggested that the Board consider a seven member Board versus a five member Board. Mr. Falconer advised that the City Council is supportive of five member Boards and or Committees. In response to Chairman Ross, Mr. Falconer advised that there is one Board/Committee that recently expanded from a five members to seven members. MOTION - It was moved by Board Members Deniel/Moulin to approve the Fiscal Year 2008/09 Investment Policy with the recommended changes and forward to the City Council. Motion carried unanimously. 5 441 Investment Advisory Board July 16, 2008 Minutes D. LAIF Conference Mr. Falconer advised of the upcoming annual LAIF Conference in October and further advised that this item is being presented to Council the first meeting in August for approval of travel for one Staff member along with two Board members to attend. General discussion ensued among the Board regarding the LAIF conference and previous attendees. Board Member Park suggested that Board Member Ross attend this year's LAIF Conference. Mr. Falconer advised the Board that any other member wishing to attend, notify staff as soon as possible to make the necessary travel arrangements. MOTION — It was moved by Board Members Deniel/Moulin to authorize Board Member Ross and one other member of the Board to attend the LAIF conference. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A . Month End Cash Report Mr. Falconer reviewed and presented the June Month End Cash Report and advised that this report is for informational purposes only. In response to Board Member Moulin, Mr. Falconer advised that LAIF's interest rates have declined slightly below 3%, with the quarterly allocations at 3.13%. In response to Chairman Ross, Mr. Falconer stated that he feels the interest rates will remain the same through the first of next year. General discussion ensued among the Board and Staff regarding interest rates, investments and commercial paper. Noted and Filed B. Pooled Money Investment Board Report — April 2008 Mr. Falconer advised that the portfolio continues to grow and further 0 442 Investment Advisory Board Minutes July 16, 2008 advised that he would like to contact LAIF and get their input on Freddie Mac and Fannie Mae. Noted and Filed C. Distribution of Investment Policies for Fiscal Year 2008/2009 Noted and Filed VII BOARD MEMBER ITEMS Board Member Moulin advised of the background of his handout regarding Steven Wymer and further advised that this article from the internet was for informational purposes only. General discussion ensued among the Board regarding the article, the history and the impact on several desert cities. Chairman Ross asked each Board Member to state how they came to serve on the Board, what they like to see happen and any ideas to share with the Board. At this time each Board member summarized how they came to serve on the Board and a little of their background history. Board Member Moulin requested a new Investment Advisory Board Roster with all Board members addresses, phone numbers, fax numbers and email addresses. Board Member Moulin advised of an error in the Investment Policy on page 22, which currently reads: Record Investment Transactions in City's Accounting Manager or (SPACE SHOULD BE DELETED) Accounting Records Financial Services Assistant Board Member Moulin suggested keeping a log of continuing items of discussion. Board Member Daniel volunteered to log and track items of discussion. Board concurred. The Board thanked Board Member Daniel on her previous service as Chairperson and Board Member Rassi as Vice -Chair, and also congratulated the new Chair, Chairman Ross and the new Vice -Chair, Board Member Park. 7 443 Investment Advisory Board Minutes July 16, 2008 VIII Adjournment MOTION - It was moved by Board Members Park/Bassi to adjourn the meeting at 6:05 p.m. Motion carried unanimously. Sub ed by, Vianka Orrantia, Senior Secretary E 444 REPORTS & INFORMATIONAL ITEMS: oP'1) COMMUNITY SERVICES COMMISSION MINUTES July 14, 2008 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 5:34 p.m. by Commissioner Leidner. Commissioner Quill led the audience in the Pledge of Allegiance. COMMISSIONERS PRESENT: Commissioner Joan Biegel Commissioner Sheldon Brodsky Commissioner Rosemarie Darroch Commissioner Kathleen Fitzpatrick Commissioner Andrea Gassman Vice -Chairperson Bob Leidner Commissioner Dori Quill STAFF PRESENT: Edie Hylton, Community Services Director Steve Howlett, Golf & Parks Manager Robert Ambriz Jr., Recreation Supervisor Angela Guereque, Senior Secretary PUBLIC COMMENT None. CONFIRMATION OF AGENDA Motion - It was moved by Commissioner Gassman and seconded by Commissioner Brodsky to confirm the agenda. Motion carried unanimously. PRESENTATIONS: None. APPROVAL OF MINUTES 1. Approval of June 9, 2008 Minutes Commissioner Quill noted that on Page 5, paragraph 3, sentence 3 states that the Cove Neighborhood Association has had a lot of conversation about parking lots 446 Community Services Commission Minutes July 14, 2008 -2- and would like it left alone. Commissioner Quill stated that her perception of that was that some would like it left alone and it wasn't a formal Cove Neighborhood Association meeting. She suggested that the recording be listened to for revisions. Commissioner Quill noted that on Page 8, paragraph 2, she had suggested the Cahuillan Indian name of "Ahwalem" meaning dog. Motion - It was moved by Commissioner Gassman and seconded by Commissioner Fitzpatrick to approve the minutes as corrected. Motion carried unanimously. CONSENT CALENDAR None. PUBLIC HEARING None. BUSINESS ITEMS 1. Election of Chairperson Commissioner Brodsky nominated Commissioner Gassman for Chairperson. Commissioner Gassman declined the nomination and nominated Commissioner Leidner. The vote was cast for Commissioner Leidner for Chairperson: AYES-6, NAYS-1. Motion - It was moved by Commissioner Fitzpatrick and seconded by Commissioner Gassman to elect Commissioner Leidner as Chairperson for the Community Services Commission. Motion carried unanimously. 2. Election of Vice Chairperson Commissioner Quill nominated Commissioner Gassman for Vice Chairperson. The vote was cast for Commissioner Gassman for Vice Chairperson: AYES-7, NAYS-0. Motion - It was moved by Commissioner Fitzpatrick and seconded by Commissioner Biegel to elect Commissioner Gassman as Vice Chairperson for the Community Services Commission. Motion carried unanimously. 3. Consideration to Recommend the Sports Complex Rehabilitation Plan to be considered by the City Council. 1m Community Services Commission Minutes July 14, 2008 -3- Steve Howlett, Golf & Parks Manager introduced the La Quinta Sports Complex report noting that it was built in 1988 and is owned by Desert Sands Unified School District (DSUSD). City staff has been working with DSUSD and the youth sports associations to improve the conditions and services for the community at the Sports Complex. On October 17, 2006, the City Council approved a Request for Proposals for the La Quinta Sports Complex Needs Analysis and Rehabilitation Plan to prepare a needs analysis, which inventories and evaluates existing conditions, plan specifications, and estimates necessary to construct the upgrades identified in the needs analysis. On February 6, 2007, the City Council approved a Professional Services Agreement for the La Quinta Sports Complex Needs Analysis and Rehabilitation Plan with Community Works Design Group. Tim Maloney and Bob Fawcett, Community Works Design Group, explained that stakeholder meetings were conducted with the sports associations who use the facility, DSUSD, and City staff to identify each groups needs for the facility. A site inventory was conducted and a Sports Field Assessment was conducted by PRZ Sports Turf Consulting. The proposed Sports Complex Rehabilitation Plan has been reviewed by DSUSD and was presented to the La Quinta Sports Youth Association. Because of the funding and the scope of work, the Rehabilitation Plan has been divided into two phases. The plan includes the following recommendations: Phase One • Demolition and clearing of Fields 1, 2, 3, and concession area; • Grading and drainage improvements; • Improvements to the baseball and softball fields including new backstops, field fencing, and bleachers; • Site features including drinking fountains, picnic tables, and entry signage; • Improvements to the concrete in the core area to improve drainage; • Irrigation and turf replacement in the outfields for fields 1, 2, and 3; • Replacement of bleachers, dugouts, and score areas; • Replacement of batting cages and pitching areas, and fencing the storage area; • Addition of picnic shelters and two additional restrooms; • Lighting improvements including entry sign lighting, relocation of the service panel at entry, and readjusting field light lamp heads. Phase Two • Demolition and clearing of Fields 4, 5, and 6; • Grading and drainage improvements; 447 Community Services Commission Minutes July 14, 2008 -4- • Improvements to the baseball and softball fields including small backstops, infield mix, sideline fencing, and bleachers; • Updated irrigation system and new turf to improve the outfield conditions for fields 4, 5, and 6; • Adding an additional Field (#7). This plan will be implemented in collaboration with DSUSD. DSUSD will fund the grading, new irrigation system and the turf replacements with Measure K funding. The City will use Quimby Funds to make the improvements that are needed for the recreation and sports uses. Funding is included in the Capital Improvement Program. This plan, if approved by the La Quinta City Council and DSUSD Board, will be implemented in two phases. The first phase will be the improvements to the south and core area including the concession and restrooms. The second phase will include the improvements to the north of the core area. The improvements can not be done during the school year and each phase must be completed over the summer months. DSUSD will be the project manager. Commissioner Fitzpatrick asked if children will be able to use the existing playground by the group picnic area. Mr. Howlett stated that the playground that is currently on the Sports Complex property will become a picnic site and DSUSD will give access to the existing playground on the school site. Commissioner Fitzpatrick asked about the football user group and if soccer is played at these fields. Mr. Ambriz stated that there is no soccer played at these fields. Commissioner Fitzpatrick asked if new lights were going to be put in Phase 1. Mr. Howlett stated that there currently are lights and some poles will be relocated to better suit the alignment. The football field was requested by DSUSD to serve the school district. Vice -Chairperson Gassman asked if there will be sufficient parking with all the changes. Mr. Maloney stated there will be no changes to the parking. Vice -Chairperson Gassman asked if the new fields will be adequate to accommodate the older students hitting the ball. Mr. Fawcett stated that one of the fields will be lengthened, which will provide two 300' fields. Vice -Chairperson Gassman asked if the additional fields can be rotated and rested. Director Hylton stated that the City does not have enough fields to do that. Vice -Chairperson Gassman suggested that the men's and women's restrooms not be built equally. 448 Community Services Commission Minutes July 14, 2008 -5- Vice-Chairperson Gassman asked if the children's play area will be smaller. Mr. Maloney stated that the play area would not be smaller. Vice -Chairperson Gassman suggested having covered children's areas. Commissioner Quill asked what the cost of the project is. Mr. Howlett stated that the cost is estimated at $2.2 million. This cost will be split with DSUSD. Commissioner Quill asked if the cost includes new turf and trees. Mr. Howlett stated that the cost estimate does include new turf and trees. Commissioner Quill asked what Quimby funding is. Director Hylton stated that Quimby funding comes from residential development to provide additional funding for the growth of the communities. Commissioner Quill asked how many more women's restroom will be added with this plan. Mr. Howlett stated there will be a total of two buildings. Director Hylton stated the Sports Association felt the one additional men's and one additional women's restroom would meet there needs. Commissioner Quill stated that she was surprised the Sports Association was okay with only one additional restroom each. She stated that she has seen little girls waiting in long lines outside of the women's restroom. Mr. Ambriz stated that DSUSD does not want additional restrooms on the ends of the fields due to vandalism issues and space issues. Commissioner Quill noted that if the City is spending that much money, it should take care of the restroom problems. Mr. Ambriz stated that La Quinta Park has two restroom buildings which include two stalls and one urinal in the men's and three stalls in the women's restroom. These restrooms have accommodated the AYSO league which has up to 1,600 children. The Sports Complex will have the same number of restrooms as La Quinta Park with the same amount of children. Commissioner Biegel thanked Community Works for the great job done and stated she is excited to see this project move ahead. Commissioner Brodsky asked what Measure K is. Director Hylton stated that Measure K is a DSUSD funding source for Capital Development. Commissioner Brodsky asked if the budget cuts will impact this project. Director Hylton stated that DSUSD staff has stated that this money is bond money to be used for Capital Improvements and can not be used for other purposes. Commissioner Darroch asked how children will get into the school playground. Mr. Howlett stated DSUSD has volunteered to give gate access to the playground. The sports association currently has keys to the gate. 449 Community Services Commission Minutes July 14, 2008 -s- Commissioner Darroch asked if the water fountain between first and third fields will stay there. Mr. Maloney stated the fountain will be relocated close to the same area. Mr. Howlett stated that the design approved by the sports association has cooler stations in each dugout area. Commissioner Darroch asked if Field 3 is enlarged where the bleachers will be located. Mr. Maloney stated the field will be pushed out further. Commissioner Darroch asked if the picnic area will be fixed up. Mr. Ambriz stated that area will be redone. Chairperson Leidner asked if DSUSD has already endorsed the plans. Mr. Howlett stated this project is a result of working together with DSUSD. The final approving bodies will be the City Council and DSUSD Board. Chairperson Leidner asked what the timeline will be for both phases. Mr. Fawcett stated that construction on Phase 1 will take less than 90 days. Chairperson Leidner asked if staff is prepared for Phase 1 to take longer than 90 days. Mr. Ambriz stated that the sports associations are prepared for accommodations if construction takes longer than anticipated. Mr. Fawcett stated that liquidated damages will be imposed on the contractor if they do not complete the work in the time period agreed. Commissioner Quill stated that these fields are primarily for baseball and would like to suggest naming the complex La Quinta Baseball Park. Director Hylton stated that staff can make that recommendation to DSUSD. Chairperson Leidner asked if football is played on these fields. Mr. Ambriz stated that football currently uses the fields for approximately 6 weeks from mid -October through November. Commissioner Quill asked if the project will be done next summer. Director Hylton stated DSUSD will be taking the lead on this project. Staff hopes to have a contractor by spring 2009 with construction starting in the summer. Mr. Howlett stated that the plans and specifications will be done by DSUSD. Commissioner Quill suggested that the drinking fountains be kept in the same areas. Commissioner Fitzpatrick asked if Community Works is contracted and will DSUSD use them. Mr. Howlett stated that Community Works project was to do the needs analysis and rehabilitation. This is their final step in this project. Community Works will be available to present to the DSUSD Board and City Council. 450 Community Services Commission Minutes July 14, 2008 -7- Motion — It was moved by Commissioner Biegel and seconded by Commissioner Brodsky to recommend the Sports Complex Rehabilitation Plan to be considered by the City Council. CORRESPONDENCE AND WRITTEN MATERIALS 1. Parks and Art Maintenance and Improvements for Fiscal Year 2008/2009 Vice -Chairperson Gassman asked if City staff will be contacting the post office about the relocation of mail boxes along Avenida Montezuma. Mr. Howlett stated the relocation has been approved by the post office. Staff has been working to use the AB-939 grant for recycled aluminum mailboxes. Staff has met with the Stewards of the Fred Wolff Nature Preserve and they support staff sending a letter to the residents about the relocation and replacement of mailboxes. Vice -Chairperson Gassman asked if the Fish Trap will be the same type of mosaic as the original. Mr. Howlett stated that the mosaic was not part of the original artist concept. Director Hylton stated the renovated pieces will be more vandal proof. Vice -Chairperson Gassman asked about the two shade structures at Fritz Burns Pool being replaced with one shade structure. Mr. Howlett stated that currently vandals climb up the fence to reach the low shade structure, so the new one will be more elevated. Director Hylton stated that staff is looking into a shape that might not be square and a little further away from the fence. Commissioner Quill stated that if the shade structure is too high there will be no shade. Mr. Howlett stated that the structure being proposed will be bigger than the two that are there now. Vice -Chairperson Gassman suggested that the wood bases in the pavilions be done with a recycled component. Mr. Howlett stated staff will look into that. Commissioner Quill asked if all of the bronze Art in Public Places pieces are waxed annually, especially the Gem at Highway 111/Washington Street. Director Hylton stated that the City does not own that piece, but has been in contact with the Developer to do some general maintenance. Staff has also been in contact with the Artist to see what can be done with that piece. Mr. Howlett stated that many of the Art in Public Places fall under developer maintenance. Commissioner Quill asked if the items on the Park and Art Maintenance list have been approved by City Council. Director Hylton stated that City Council will be reviewing the budget tomorrow. Commissioner Quill asked about the $65,000 cost for the Sand Volleyball. Director Hylton stated that staff used the estimate 451 Community Services Commission Minutes July 14, 2008 -8- from Freedom Park in Palm Desert. Commissioner Fitzpatrick asked if the cost includes design and staff concurred. Commissioner Biegel asked where the volleyball court will be. Director Hylton explained that staff will be recommending two or three locations including Adams Park and Seasons Park Retention Basin. Commissioner Darroch asked where Seasons Park is located. Director Hylton stated it is located behind Adams Elementary. Commissioner Darroch suggested the undeveloped area next to the skate park. Mr. Howlett stated that area is a Coachella Valley Water District well site. Commissioner Quill asked if Tom Kirk was the only person who requested the Sand Volleyball Court or if other people in the community asked for it. Director Hylton stated that Tom Kirk had requested this be considered. Commissioner Quill asked about a picnic table being put in the Library atrium. Director Hylton stated that area is part of the Library and staff would talk to Library staff about it. Commissioner Quill asked what the City Council decided on the items she presented to them for the budget. Director Hylton stated that the City Council did not give direction regarding the requests. Commissioner Quill stated she went before City Council and asked for the misting item and shade for the skate park. Director Hylton stated these items could be tied to other items in the mid year budget. All of the items can be put together for the Commission to prioritize after an Arts and Parks Tour to be held in the fall. Commissioner Quill asked if lighting and benches were going to be installed at the unnamed dog park. Director Hylton stated that these are items that can be prioritized at the mid year budget adjustment. Commissioner Quill asked about the three light poles at La Quinta Park and if people would be able to see the banners when driving around that location. Mr. Howlett stated that the banners would be around the playground area, pavilion, and the water feature. Commissioner Quill asked if the poles are for decorative banners or activity banners. Director Hylton stated the light poles are a combination of low level lighting and decorative banners that are around the Village. Commissioner Darroch asked if the new surfacing at Adams Park would be hot to walk on. Mr. Howlett stated that there will be a painted surface over the flooring similar to the Fritz Burns Pool area. The paint will lower the temperature of the surface by 20 to 30 degrees in full sun. Commissioner Darroch asked what the life span is on this type of material is. Mr. Howlett stated that staff is currently checking into the span of these materials. 452 Community Services Commission Minutes July 14, 2008 9- Commissioner Darroch asked if there will be lights at the Centre Pointe playground. Mr. Howlett stated that due to the Dark Sky Ordinance, this item needs to go before City Council and CEQA. Director Hylton stated that it depends on the type of lighting being requested. Low level lighting would have very little impact. Commissioner Darroch asked what DG is. Mr. Howlett stated it stands for Decomposed Granite. Commissioner Darroch noted that trees have been removed in the retention basin north of La Quinta Park. Mr. Howlett stated that this particular area is maintained by the Landscape and Lighting District. Chairperson Leidner thanked staff for listening to many of the suggestions throughout the year. The tours give the Commission an opportunity to see what needs to be done. Vice -Chairperson Gassman asked when the Artist class will be held. Director Hylton stated Art Appreciation Day will be brought to the Commission in September. 2. Community Services Department Report for May and June 2008 Commissioner Brodsky commented on the drop in revenue. He suggested a column letting residents know about the facility rentals the City has be put in the City's section of "The Gem." Director Hylton stated that staff is looking into doing a facility brochure for rentals. The rental of the large room at the Library was only a temporary situation. Director Hylton stated staff will look at putting information about facility rentals in The Gem, the City Report, and the website. Commissioner Quill stated that she liked having the Department Report early this time. Director Hylton stated that staff will try to get the Department Reports in early, but sometimes the early meeting dates keep that from happening. Commissioner Quill appreciates the information emails that Director Hylton sends out. Commissioner Quill asked how the water aerobics class is going. Mr. Ambriz, Jr., stated that no one has signed up for it. The cost should be reduced next year. Commissioner Quill asked about the Fireworks Show. Director Hylton stated that this item will be presented to City Council on July 15, 2008 with the La Quinta High School being the recommended site. 453 Community Services Commission Minutes July 14, 2008 Vice -Chairperson Gassman stated that there are rock paths forming at the top of the cove trails. Mr. Howlett stated that effort is being done by an active group of hikers. Commissioner Quill asked where the dog bag dispensers are located on the campus. Mr. Howlett stated that there is one on each side of the lake. Commissioner Quill asked if staff had contacted the Coachella Valley Recreation and Park District about the gophers at La Quinta Community Park. Director Hylton stated she contacted them and it is an ongoing issue for them. 3. Calendar of Monthly Events Commissioner Quill asked what the Back to School program is. Director Hylton stated it is a coordinated effort with the Senior Center and the Boys & Girls Club Summer Reading Program. COMMISSIONER ITEMS 1. Reports from Commissioners Regarding Meetings Attended. Vice -Chairperson Gassman attended the Senior Center Dance and the Bee Movie. OPEN DISCUSSION Director Hylton explained that a change has been made in the City processes regarding absenteeism at Commission meetings. If a Commissioner is going to miss a meeting, they need to let staff know in writing. Staff will notify City Council of the absence. Vice -Chairperson Gassman asked if email would be sufficient. Director Hylton stated staff will check with the City Clerk regarding emails. ADJOURNMENT It was moved by Vice -Chairperson Gassman and seconded by Commissioner Biegel to adjourn the Community Services Commission meeting at 7:09 p.m. Motion carried unanimously. NEXT MEETING INFORMATION: A Regular Meeting of the Community Services Commission to be held on September 8, 2008 commencing at 5:30 p.m. at the La Quinta Study Session Room, 78-495 Calle Tampico, La Quinta, CA 92253. �Wjl Community Services Commission Minutes July 14, 2008 11 - Submitted by: Angel Guereque Community Services Senior Secretary 455 REPORTS/INFORMATIONAL ITEM: 9-1 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 10, 2008 CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:05 p.m. by Chairman Ed Alderson who asked Commissioner Wilkinson to lead the flag salute. B. Present: Commissioners Katie Barrows, Robert Wilkinson, and Chairman Ed Alderson. Absent: Commissioner Engle. Chairman Alderson said Commissioner Quill would be a little late joining the meeting. C. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant City Attorney Michael Houston, Assistant Planner Eric Ceja, and Executive Secretary Carolyn Walker. PUBLIC COMMENT: None II. PRESENTATION: None. III. CONFIRMATION OF THE AGENDA: Confirmed. V. CONSENT ITEMS: A. Chairman Ed Alderson asked if there were any changes to the Minutes of May 27, 2008. There being none, it was moved and seconded by Commissioners Barrows/Wilkinson to approve the minutes as submitted. Unanimously approved. 45q Planning Commission Minutes June 10, 2008 VI. PUBLIC HEARINGS: A. Continued Village Use Permit 2005-032 Extension No 1 • a request of Nispero Properties, Inc. for consideration of a One -Year Time Extension for Construction of a f 19,433 Square Foot Two -Story Office Building, Located in the La Quinta Village. Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Eric Ceja presented the information contained in the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. There being no questions of staff, Chairman Alderson asked if there were any applicant representatives or comments. There being no applicant present Chairman Alderson asked if there was any public comment. There being no public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Barrows said the concerns from the last meeting were addressed and moved for approval of the item. Chairman Alderson said he was pleased all the concerns were addressed and thanked Planning Director Les Johnson. Planning Director Johnson said there was specific language on the bike rack included on Page 3 of the cover memo and asked if the Commissioners were including this condition in their approval. Commissioner Barrows said she realized the square footage was smaller than required for this condition and asked if it could be added. Staff replied it was not a requirement, but staff recommended the condition be added. Chairman Alderson said, at the last meeting, Commissioner Wilkinson expressed concern about a water feature and asked if that was addressed in the revised conditions. Staff replied there was a provision in the time extension language that all applicable codes which are in effect when the 457 Planning Commission Minutes June 10, 2008 extension is approved are applicable. That would mean, if the time extension were granted, the water feature provision, unless acknowledged and recognized by the Commission would not be a part of the development any longer per the Municipal Code provisions. It requires special consideration of the water features when brought before the Commission. If no action is taken specific to the water feature, based on the Municipal Code, the granting of the time extension would require the water feature be removed as it would no longer be an allowed use. Chairman Alderson asked if that met with Commissioner Wilkinson's approval and he replied it did. There being no further discussion, it was moved and seconded by Commissioners Barrows/Wilkinson to approve Resolution 2008-017 recommending approval of Village Use Permit 2005-032, Extension No. 1, as recommended; which included the addition of Condition No. 53 as follows: 53. A minimum of five bicycle parking spaces shall be provided on -site and shall be placed in a shaded location, out of the way of pedestrian flows, and shall be provided with a mechanism which permits locking a bicycle onto the rack. ROLL CALL: AYES: Commissioners Barrows, Commissioner Wilkinson, and Chairman Alderson. NOES: None. ABSENT: Commissioners Engle and Quill. ABSTAIN: None. VII. BUSINESS ITEMS: A. Discussion regarding Work Programs Les Johnson, Planning Director presented the information contained in a memo submitted to the Commission, a copy of which is on file in the Planning Department. He then presented a verbal summary of each of the listed programs. General Plan Update: The City is required, by State law, to update the General Plan every eight years. The current General Plan was adopted in 2002. The work on this project is a large undertaking and could take 18 months, or longer, to complete. Staff is currently developing the scope of work within the Planning Commission Minutes June 10, 2008 Planning Department. Subsequently, input from other departments will be obtained. Once that scope has been defined, and approved, staff will solicit proposals to select a consultant team to assist with the update. Chairman Alderson asked if the compilation of all Department comments came to the Planning Department for creation of the General Plan. Staff replied the Planning Department had the responsibility for management of the General Plan for the City but relied heavily upon comments from all the City departments. The update would extend the City's planning horizon from 2020 out to 2030. This would add another 10 years into the assessment of future growth and development activity within the City. It would be all - encompassing looking at all the elements as required by law and beyond. Some of the items staff will focus on are greenhouse gases and sustainability. The City currently has quite a few policies and programs with sustainability in mind. Chairman Alderson asked if staff was attaching dollars and cents figures to each of these categories as they are added to the General Plan. He wanted to know if staff was including monies in the budget to deal with the greenhouse gas issues. Staff said if he meant within the General Plan Update budget, the answer was yes. Chairman Alderson acknowledged he did. Staff said they were concerned that the policy and program language was included which reflected the direction the City wanted to go in with regards to those matters. Staff added they are important and timely. The process is long and they would be soliciting for consultants to help with the undertaking of the task. Staff said it is quite an involved process and they expect resident input and would conduct an outreach program for comments which may include a citizen advisory committee. Staff would be periodically updating the Commission on their progress. Chairman Alderson asked if the General Plan would come before the Planning Commission before it goes to Council. Staff replied yes and they anticipate there would be several points, through the process, where the Planning Commission and City Council would be participating in providing feedback to staff and the consulting team for guidance and direction to make sure that the final outcome of the update is in line with what the expectations are. 459 Planning Commission Minutes June 10, 2008 Chairman Alderson asked if staff was looking for this to happen in fall of 2009. Staff said they were expecting to be underway by this fall. It would take 12 to 18 months to complete. They estimate it would be late 2009 or mid-2010 before the process was complete. Staff was working on the timeline and would be reporting back to the Commission with further information. Once the scope of work was completed and the staff was getting it ready to go forward with a Request for Proposal (RFP) they would be apprising the Commission of The process and the timeline. Commissioner Wilkinson said the General Plan would address greenhouse gas reduction and green building but in the event the City builds 10% more homes there's still 90% that need to be retrofitted. He asked if there would any provision in the updates, or a focus group to address the homes already built. Staff replied it was very important to look at the existing land use activity; commercial and residential. Looking at programs, ways and services to help the reduce footprint we are leaving. Staff anticipates, from a policy level, the City would be looking at that. One of the main focuses would be on future activity, but the efforts that have been underway over the last year were addressing sustainability. Staff would now be able to address the issue of how to address the retrofitting of existing stock in our community. Existing homes have been a focus of the City and CVWD with their landscaping water efficiency program. The City recently entered into an agreement with IID to encourage the assessment of existing homes to retrofit them with more energy efficient features, such as appliances and windows. So, the City is certainly focusing in on that issue. The General Plan is supposed to be all encompassing and comprehensive in its analysis and assessment and staff would anticipate that would be identified in the programs and policies that were recommended. Commissioner Wilkinson asked if traffic, considering emissions and speed, would be a part of the circulation plan. People driving slower would certainly help with that. He asked if staff would be looking at that. Staff replied that was a good point, and there are other laws in the State that address the issue of speed limits, but staff will be comprehensive in the assessment of what they are allowed to do with existing laws. There are other factors that play a role with speed limits within the City's jurisdiction. They will be reviewed at the appropriate time. Commissioner Quill joined the meeting. 460 Planning Commission Minutes June 10, 2008 Commissioner Barrows had a question about circulation. Since the City is pretty close to a build out in the Highway 111 corridor, she asked if there were any opportunities for mixed -use development along this corridor or elsewhere that would address the concerns of Commissioner Wilkinson in terms of greenhouse gases and pollution. She reference the La Quinta Village Plan and the Commission's efforts to encourage pedestrian -friendly design. She asked if staff saw that as something that would be included in the General Plan. Staff said yes. There had been discussion that portions of Highway 111 commercial were almost to the point where redevelopment would make sense. For the first time in the City's history there would be opportunities to consider the potential for a variety of land uses that could enter into the equation with redevelopment consideration along Highway 111. Staff commented there are a lot of opportunities for several sites on Highway 111 and some amazing things could be done if there was a very receptive developer or landowner wanting to consider redevelopment of their site with a mixed -use purpose. It could work as a walkable location, as well as most of north La Quinta. There is a lot of potential and opportunity and the Commission could anticipate it would be an item addressed. Commissioner Barrows said the timing is right to address greenhouse gases. The State Air Resources Board (expected in July) will be issuing the guidelines and recommendations for local governments and essentially incorporating the guidelines of AB 32 which requires the reduction of greenhouse gases and addressing that in EIRs through CEQA. So timing -wise it's good, and significant focus will include the issue of land use, as well as encouraging fewer vehicle miles traveled and those kinds of things. Commissioner Barrows commented on a conversation she heard by a Smart Growth Planner and his comment that using traffic roundabouts could significantly reduce gas usage because instead of coming to a stop and starting again you slow down and continue. It appears the roundabout at Jefferson seems successful, to the extent that it is possible. Staff replied they have received mixed reviews on the roundabout. Most people view it as a positive in the ability to efficiently and effectively move a moderate amount of traffic. Staff agreed that limiting the 461 Planning Commission Minutes June 10, 2008 amount of time a car is idling is of benefit and the ability to get from one point another in a reasonable amount of time without much resistance should be one of the City's goals. Commissioner Barrows added the other comment made in regards to roundabouts was that incidents of traffic accidents were significantly lower. She was just curious if roundabouts were another piece of the Circulation Element in which those kinds of things could be incorporated. Staff said the only negative, with regards to roundabouts, is they are not usually pedestrian -friendly. They can be difficult for pedestrian movement. They are great for vehicle movement, but the design has to be carefully considered for pedestrians to safely and effectively cross those lanes without risk. Commissioner Barrows noted UC Davis has bicycle roundabouts and they are very dangerous for pedestrians. Chairman Alderson said he attended a League of California Cities meeting several years ago where they discussed roundabouts being 35% more efficient in terms of moving traffic and safety. He agreed with Commissioner Barrows regarding the addition of more roundabouts in the City. Commissioner Quill said, on his way to the meeting, he was listening to a local radio station where they had a planner who was discussing this whole issue of reducing traffic by proper urban planning. The City's current problem was created by focusing only on single family housing. He added, in the last two weeks it has become a possibility we may be looking at six to eight dollar gas. We might be on the cusp of a paradigm shift unlike any seen since World War Il; including mass transit, and walkability needs. Commissioner Quill continued stating local mixed use areas such as the Fresh and Easy concept have become very popular. That will be part of the shift, including commercial uses in residential areas. The City's zoning ordinances need to keep up. Currently, these areas could only be designated mixed use, but that is too broad. Commercial uses need to be placed right in the midst of residential to keep people out of their cars. Then people can afford to live and, at the same time, we can work to clean up our environment. 46? Planning Commission Minutes June 10, 2008 Commissioner Quill said he was in a meeting last week with the Riverside County Planning and Transportation Departments. A representative, from the transportation sector, commented he was pleased the project Commissioner Quill was presenting had class I bike trails, and accessibility and walkability within the proximity of commercial, residential, and schools. He emphasized one other thing; the opportunity to include alternative vehicles. It was not a wise idea to mix Segways, small electric scooters, and electric bicycles with cars. In the future, residents may be using them to go the mile or mile -and -a -half to the store as they might not have a car, due to affordability. There will be a dramatic shift in the next 10 years. The City needs to be planning at least five years ahead in everything they do. Commissioner Quill said the huge mega store concept is going to shift down and the local store and hardware concept will come back. And the big box is going to start to reduce and the sea of parking in front of the big box is going to disappear. Chairman Alderson said what Commissioner Quill is saying is correct. There are some commercial parcels dedicated as neighborhood commercial, in the south part of the City. There is an opportunity to include local stores and people could walk to those stores. Implementing it would be the difficult part. Commissioner Quill said right now we cannot do that according to the Zoning Code. Planning Director Les Johnson said, when the City was considering the Sphere of Influence (SOI) area, they were focusing on a strategic area in the SOL They were concentrating on urban, suburban and rural. It is still on the cutting edge and more and more people like the concept. There is a lot of benefit to it. In the next 12 to 24 months we will see a dramatic change in thinking. Fresh and Easy has changed the way we look at projects. In the future more time will be spent at local grocery stores and less at the big boxes. It will carry over to other businesses. General Plan Amendment (GPA 08-112) - Multi -Purpose Trails and Street Classification Maps: Chairman Alderson questioned whether the Multi -purpose Trails section, would include the evaluation of golf cart trails, and safe lanes in addition to the multi -purpose trails. Staff said not with this specific item. This has to do with projects in the southwest area of our community. Staff is 463 Planning Commission Minutes June 10, 2008 currently processing the Travertine project. It is a check of the circulation system of that area of the community, south of 60 into Travertine as well as Avenue 62 and the recent settlement with Shea. We have been noticing some gaps regarding the trail maps and this will have to be brought before the Commission. Commissioner Quill asked if these were the plans brought up a year or so ago. Staff replied about the multi -purpose trails were brought up about six months ago. There was a lengthy gap between Avenue 62 and Madison and Avenue 60, going west. Staff is trying to make that adjustment to insure future entitlements address those improvements. Multi -purpose trails tend to be all encompassing. Whatever should happen in the future in modes of transportation this could be an important link. The City is focused in the southeast area of the community regarding trails. With regard to the golf cart question, it would be addressed in Phase I of the Golf Cart Plan. Staff said they had been contacted by a resident regarding a golf cart lane from Trilogy to Highway 111. Currently multi -purpose trails are not identified all the way to Highway 111. Chairman Alderson said if you drove from the Trilogy development to Highway 111 you'd run out of electricity before you get to town. Staff said, in the Phase 2 golf cart plans there are lanes identified that have the potential for golf cart usage. Right now the focus is on the Village Core. Commissioner Quill said the City should start preparing for alternative vehicles, including electric and golf carts that need a safe route. Chairman Alderson asked if multi -purpose trails were delineated as horse and golf cart paths. Staff replied multi -purpose trails could also be used by bicyclists. They are intended to be open to a variety of non -motorized uses. The space was reserved for those options. Commissioner Wilkinson asked if the City could be going farther than Highway 111 to get to the proposed paths along the channel and connecting multi -use trails to include mopeds and electric carts to get those people to an area where there is no vehicular traffic. There are golf cart paths identified on our General Plan in many areas of the community. The Coachella Valley Recreation and Park District is currently working on a trail plan which includes the Whitewater Channel 464 Planning Commission Minutes June 10, 2008 Trail route, Dillon Road, and the potential of using the all-American Coachella Canal. They have hired a consultant to work on this plan. La Quinta City staff has been discussing the potential of such a route being implemented and are planning to talk with the City of Indio to see if they would be interested in what can be done to implement the Whitewater Channel route. The cities could gain many benefits by linking with their neighbors. Staff used the example of the Seattle area, as well as Western Riverside and Orange counties. General Plan and Zoning Code Amendments (GPA 08-114 & ZC 08- 134) — School sites changed to Major Community Facilities (MC): Staff referenced the three existing, and fully developed, school sites of Colonel Mitchell Paige Middle School, Horizon School, and Benjamin Franklin Elementary School. The City would like to re -zone them to Major Community Facilities (MC) since the Community Services Department (Parks and Recreation) has been using the schools as part of their recreation district and would like to get that property recognized in order for the City to fund future improvements. Housing Element Update: Staff reported they are well underway on the Housing Element update and expects to have a draft within the next two weeks. The update is required to take the RHNA numbers and identify how the City is going to accommodate those new units. The City began a year ago by hiring The Planning Center as a consultant. Staff will be spending this summer doing outreach to the community and look forward to some good general feedback. Commissioner Wilkinson asked what category the Vista Dunes project fell into. Staff said it was classified as a combination project with very low and low-income residents. There are two sets of numbers included in the housing element. The Redevelopment Agency (RDA) numbers and the Regional Housing Needs Assessment (RHNA) numbers. The numbers in the report are shown as of January 2006. Any units added after January 2006 are deducted from these numbers. Vista Dune, Wolf Waters and any above -moderate built after 2006 will come out of this. However, these are still very ambitious numbers. Percentage -wise, the City of La Quinta has one of the highest allocations in the Valley. 465 Planning Commission Minutes June 10, 2008 Village Strategic Plan: Staff said they are very close to embarking on the Village Strategic Plan. The focus will be to assess the existing Village Zoning Code requirements. Form based codes may be considered for the Village. Staff will be focusing on street design that encourages a pedestrian friendly environment. Also considered will be mass and scale, more on land use and relationships between land use and the ability to get from point to point. Staff will be looking to find ways to accommodate ideas, within reason, in the future. Chairman Alderson asked if staff was talking about pedestrian -friendly access, design issues, traffic control and pedestrian control. Also, was the General Plan taking into consideration any innovative ideas to help improve business conditions; i.e., a bigger and more extensive sign program to direct business from Highway 111. Chairman Alderson pointed out there is a difference between the Village and Old Town. Staff replied Old Town is an integral part of the Village. Chairman Alderson wanted to know what the City is doing to help the Village tenants improve business. Staff replied they did not have a marketing component but a "way finding" program would help. The City hired a consultant to work on the "way finding" program to direct people to the Village. They have retained a sign company to assist with a sign component to focus on getting people to the Village and then to public parking and other nearby features in the City. Commissioner Quill asked if part of the Village Strategic Plan included the idea of traffic calming and providing on -street parking on Calle Tampico. Calming traffic down could create good quality pedestrian crossings from the hotel to downtown. There would not be any damage done by leaving Calle Tampico as a two-lane city street. Staff replied there has been a lot of discussion, in the past several months, regarding Desert Club and a variety of options that would slow traffic down, which would also emphasize the pedestrian scale of that part of the community. This discussion would be included as part of the Village Strategic Plan. Lighting Ordinance: Staff reported they have hired a consultant (Mr. Reya) to revamp the City's lighting standards. Mr. Reya spent some time educating the staff Planning Commission Minutes June 10, 2008 on the right lighting and the significant difference it can make. Staff is excited about working with him on the lighting ordinance, retention of the dark sky ordinance, and reducing glare. The completed draft ordinance would be brought before the Commission. Commissioner Barrows asked energy efficiency. Staff said the City would be more definitive about the various types of lighting. There were certainly some mixed opinions about the more orangey type of lighting even though it is more effective in conserving energy. Other options have been presented, by different developers, and have received mixed reviews. One possible suggestion is to minimize the number of light standards used during the daytime. The example of reducing the number of standards operating by 2/3 and retaining the same security benefits was given. The City could begin mandating provisions such as these to obtain more energy efficiency in the commercial sector. Commissioner Quill commented on the importance of the Dark Sky Ordinance to Joshua Tree National Park and Anza Borrego State Park. Those parks bookend the Valley, but don't have much opportunity to really express what is really important to them. He suggested this would be a good opportunity to invite their comments on the Dark Sky Ordinance before it gets circulated in the General Plan since light pollution, from the Coachella Valley, was a big problem for both of them. Staff replied they would welcome the opportunity to get feedback from them and suggested Commissioner Quill supply them with contact information. Staff said they would extend an invitation to them to comment on the ordinance update. Commissioners Barrows and Quill both offered to obtain the contact names and get them to staff. Commissioner Barrows said it is an issue of concern in terms of the Multiple Species Plan, as it relates to La Quinta because of the City's adjacency to the National Monument and the mountains in terms of lighting, the impact it has on open spaces and the parks, and the wildlife habitat. She agreed getting their feedback would be a good suggestion. Chairman Alderson volunteered the Commissioners' vast experience to the staff. He said they would be willing to help you in any way they could. 467 Planning Commission Minutes June 10, 2008 Planning Director Les Johnson thanked them and replied they would anticipate asking for additional Planning Commission deliberation time. He said other department members might be asking for the Commissioners' assistance since this would be a hands-on document. He said, in his past experience, he had relied heavily on the Planning Commissions he had worked with. He added staff would be utilizing the Commissioners to help get the word out to the community since the City is looking for citizen participation. Citizen input is a part of the process and the City hopes to have a lot of the community involvement in the process. Zoning Code Amendment - Clean Up Adjustments: Staff said there were adjustments needed to clean up the zoning code. As staff continues to work with the zoning code, they find situations or circumstances that create questions regarding certain sections of the code. One was recently found regarding Village Use Permits. This is a document that is always evolving. There will be a handful of amendments coming before the Commission. Staff plans to bring them semi-annually, but if the Commission sees something that is missing or needs to be corrected, they would welcome those comments. Staff emphasized comments from the Commissioners were always welcome. Commissioner Wilkinson wanted to thank staff for whoever was responsible for clearing up the traffic problems on Fred Waring. He said the situation has substantially improved and he appreciated it. Staff said it was a team effort with Public Works, the City Manager, and the City Attorney Kathy Jenson. Staff explained the temporary and permanent solution for the traffic situation in that area. Commissioner Wilkinson said it was a huge improvement and thanked staff for the fine job. Chairman Alderson thanked staff for all their hard work and reiterated the Commissioners were very willing to help. Commissioner Barrows said she was recently involved with a group of homeowners at PGA West and the question came up about adding solar panels. She said the homeowners' association did not allow them. She wanted to address the issue of roof top solar panels and the assurance that City codes were friendly to that. She said years ago they were not, but the PGA West folks wanted to have the Commission revisit that issue. She wanted to know if it was a General Plan issue. 463 Planning Commission Minutes June 10, 2008 Staff replied that issue had been addressed by State law. It is now against the law for local municipalities and homeowners' associations to prohibit the use of solar panels on roof tops. The Planning Department does not have anything on an administrative level that restricts the use of solar panels. If it is a structural matter, the Building Department would address it through the Building Code, but from an aesthetic standpoint there would be nothing to prevent a resident from acquiring a system. Commissioner Barrows said she was thinking in terms of the education process and making sure the public was aware of the State laws regarding solar panels. Staff replied it was certainly understood from staff's viewpoint. Staff added there is a lot of discussion going on in the State of California regarding alternative energy sources; such as wind power. Other states are focusing on wind power and they are taking the same position as solar power as far as aesthetics are concerned. Staff alerted the Commission to the fact that there's the possibility, in the near term in the state of California and a handful of other states, to take the same position on solar and wind power. Their position would be that you cannot prohibit, or restrict, it based on aesthetics. Staff reported at a recent conference they were told that legislation could be introduced here stating the same. Commissioner Barrows wanted to make sure that, as the General Plan went forward, the City was encouraging alternative energy sources. She mentioned Imperial Irrigation District was starting to think about ways to include renewable energy sources in their portfolio. Commissioner Wilkinson read recently about wind turbines integrated into chimneys. He also mentioned a State restriction which involved the percentage of costs involved in camouflaging or disguising solar equipment. Commissioner Quill gave an example of some solar pool equipment placed in Sun City. Staff said they had heard there was a the which was competitively priced and didn't look much different than a standard roof tile, but had the ability to conduct and operate as a solar panel. Vill. CORRESPONDENCE AND WRITTEN MATERIAL: None Planning Commission Minutes June 10, 2008 IX. COMMISSIONER ITEMS: Chairman Ed Alderson gave a brief overview of the City Council meetings of May 20, 2008, and June 3, 2008. Staff said the Council would be discussing the budget at the June 19, 2008, meeting, and holding Commission interviews at the June 17, 2008, meeting, commencing at 2:00 p.m. as there were a number of candidates. Staff said the Council budget meeting is tentative scheduled for 6:00 p.m. If Commissioners were planning to attend, would they please e-mail staff for further details. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Barrows/Wilkinson to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on June 24, 2008. This regular meeting was adjourned at 8:21 p.m. on June 10, 2008. Respectfully submitted, xo G)4ziw Carolyn Walker, Executive Secretary City of La Quinta, California 410 REPORTS/INFORMATIONAL ITEM: MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 8, 2008 CALL TO ORDER 7:03 P.M. A. This meeting of the Planning Commission was called to order at 7:03 p.m. by Chairman Ed Alderson who led the flag salute. B. Present: Commissioners Katie Barrows, Paul Quill, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant City Manager Douglas Evans, Assistant City Attorney Michael Houston, Associate Planner Jay Wuu, Assistant Planner Eric Ceja, and Executive Secretary Carolyn Walker. C. Chairman Alderson introduced and welcomed Mark Weber, as the new Planning Commissioner to fill the vacancy left by Commissioner Engle. D. Election of Chair: It was moved and seconded by Commissioners Quill/Wilkinson to nominate Ed Alderson as Chair. There being no further nominations, the nominations were closed. Ed Alderson was unanimously elected as Chair. E. Election of Vice Chair: It was moved and seconded by Commissioners Quill/Wilkinson to nominate Katie Barrows as Vice Chair. There being no further nominations, the nominations were closed. Katie Barrows was unanimously elected as Vice Chair. PUBLIC COMMENT: None II. PRESENTATION: None. 411 Planning Commission Minutes July 8, 2008 III. CONFIRMATION OF THE AGENDA: Staff requested the Commission review Business Item B prior to Business Item A. IV. CONSENT CALENDAR: A. Chairman Ed Alderson asked if there were any changes to the Minutes of June 10, 2008. There being none, it was moved and seconded by Commissioners Barrows/Quill to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Sign Application 2003-720, Amendment 2; a request of Old Town La Quinta, LLC for consideration of a request for an amendment to the Old Town La Quinta sign program allowing the installation of bracket signs for second floor tenants, located on Main Street, Old Town La Quinta; west of Desert Club Drive; east of Avenida Bermudas; south of Calle Tampico. Chairman Alderson opened the public hearing and asked for the staff report. Associate Planner Jay Wuu presented the information contained in the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Quill asked if there was a way to avoid these types of applications in the future. Staff said the proposed language before the Commission would eliminate future need for Planning Commission review. Staff explained the code to the Commissioners. Commissioner Barrows said there was a word missing in the Code about the Director deciding to bring these items before the Commission. Staff gave her an interpretation of the code. Chairman Alderson asked why the applicant was only allowed signs on the north/south face and not the east/west face of the building as noted in the staff report. He commented that was a very heavy wind load for blade signs and wanted to be assured the structural design could handle the load. Associate Planner Wuu said it was a six foot sign that Chairman Alderson was referring to and explained the reasoning for the 472 Planning Commission Minutes July 8, 2008 placement of the signs. The only elevation staff refused was along Calle Tampico. Chairman Alderson asked if there were any other northern exposures. Staff said there wasn't really. There being no further questions of staff, Chairman Alderson asked if there were any applicant representatives or comments. There being no applicant comments Chairman Alderson asked if there was any public comment. Leslie Locken, Manager for Old Town La Quinta, LLC, 78-100 Main Street, No. 206, La Quinta CA, introduced herself and thanked staff for a thorough report. There being no questions, or further public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. There being no further discussion, it was moved and seconded by Commissioners Barrows/Wilkinson to approve Minute Motion 2008-012 recommending approval of Sign Applicant 2003-720, Amendment 2, as recommended. Unanimously approved. B.. Sign Program 2008-1254; a request of Regency Marinita, LLC for consideration of a request for a sign program to serve Jefferson Square Shopping Center, located at the southwest corner of Jefferson Street and Fred Waring Drive. Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Eric Ceja presented the information contained in the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Wilkinson noted the various colors of signs for each individual business. He said he was under the impression the Code had been modified so these types of signs would be of more consistent colors.- He asked if it could be designed with a more compatible color palette. 473 Planning Commission Minutes July 8, 2008 Chairman Alderson asked if the signs were shown as they were to be prepared. Staff replied they were not. Staff recommended a clause be included stating that the graphics are representative in nature and the signs will be approved on a case -by -case basis. Commissioner Weber noted the Commission had recently reviewed the sign on Dune Palms Road and Highway 111 and said some allowances were made for additional signage in that area. He asked if this monument sign was going to have that same type of flexibility with regards to individual signage. Staff replied the proposed sign program doesn't allow for that type of flexibility. Chairman Alderson said the sign portion naming the tenants should be big and bold, not the location of the square. He concurred with Commissioner Wilkinson that the colors should be bold on the tenant signs. He commented on the fact there was only one monument sign on either frontage, not two as outlined in their sign program. There being no questions of staff, Chairman Alderson asked if there were any applicant representatives or comments. Ron Breen Ultrasigns, 9025 Balboa Avenue, Suite 150, San Diego, CA 92123, introduced himself and said he was building the monument signs for the applicant. He said he had been working with staff and felt that they had achieved a very dignified and responsible sign program for the center. He added, with respect to the colors of the letters, the exhibit was just a boiler plate representation that a tenant could use. The intent for the design was to allow for creativity within the confines of the sign dimensions while allowing a tenant to have their corporate colors and logos. He added, with respect to the monuments signs, the applicant was requesting a total of four, realizing there was only a code allowance of one per street. He said the applicant felt this would be a hardship for the tenants; particularly in Shops 1 and 2 which are hidden from the street. He said, in this economy, Regency is desperately asking for the two additional monument signs so they could have enough street panels. The sizing of the signs is within code and the style of the signs are very conservative. The panels on the signs would be routed and the background would be opaque. Only the Jefferson Square portion would be illuminated. It would be distinctive, and a warm representation of the center. 414 Planning Commission Minutes July 8, 2008 He said they would need to have this type of sign in order to market the center's corner spaces, and to show a prospective tenant they would have adequate signage. Commissioner Weber asked if there were going to be 16 individual signs. He said they were double-faced sign, and each tenant would get two - sides of one sign on four monuments. Mr. Breen said there would be 16 tenants represented. Commissioner Weber asked if that accommodated all the tenants. Mr. Breen said it did not accommodate all the tenants. The applicant wanted the sign to be classy and architecturally consistent with the Center. There would be some duplication on some of the signs; such as the anchors. So, you would have some redundancy as the bigger players would be represented more often than not. It is based on a first come, first serve basis. They will need some kind of representation on the street to have tenants justify moving in the back locations. The applicant really feels they need the extra advertising. There being no further applicant comments Chairman Alderson asked if there was any public comment. There being no public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Chairman Alderson said, in fact, the signs were double-faced and the sign actually had four names on it. Mr. Breen said there would only be four tenants per sign. Chairman Alderson said the western side of the project would have a block wall so the approaching visibility would be negligible and the sign would not be of particular value. He agreed the tenants need all the help they could get, but suggested the Commissioners could allow a third sign in the front of the project, angled diagonally. He directed his comments to the other Commissioners and asked if they would be interested in approving that configuration. 475 Planning Commission Minutes July 8, 2008 Planning Director Les Johnson said they were limited to one sign per frontage and gave a definition of the code on aggregate limitation. He said the staff proposals encompass what the Municipal Code allows. Commissioner Wilkinson asked for a definition of Chairman Alderson's comments on which two signs he was referring to. Chairman Alderson pointed to the appropriate sign on the exhibits. Chairman Alderson then asked Mr. Breen where he would put the signs if he were limited to only two. Mr. Breen said he would not be able to make that decision. Staff said they did not choose the locations. They could work with the applicant on exact location for the signs. Mr. Breen said typically the sign positions were moved laterally. Chairman Alderson said if the Commission approved the signs, with the conditions as proposed by the staff, would the applicant have the leeway to move the signs. Mr. Breen said they would definitely like four signs. Commissioner Barrows asked if there were examples on Highway 111 where the signs have been allowed. Mr. Breen said that his company also prepared the sign program for Komar Desert Center and that it was approved for two monument signs on a single street frontage. Staff said there have been allowances made in the City's Regional Commercial zoning areas. Businesses in the Neighborhood Commercial Center zoning designation have had no deviations as of this date; only those on Highway 1 1 1. Commissioner Weber said he would like to afford the opportunity for the developer to give the tenants sufficient exposure. What concerns him is that we have rules and exceptions to rules. He wondered if there were any other options to the client. He wanted to go through the math. He went over the slides and asked about the dimensions of the signs. Staff explained the dimensions and inclusion of signage. Commissioner Weber brought up the example of the La Quinta Valley Plaza on Dune Palms and Highway 111 and how their sign was designed. He said identification of Jefferson Square, for direction purposes, was 476 Planning Commission Minutes July 8, 2008 not more important than the tenants' signs, and he wondered if the Square identification could be made smaller and the tenant identifications made larger. He said asking for four signs seemed to be a large exception. He asked if there were two points of egress. Staff said yes. Commissioner Weber said road improvements still needed to be made, as well as the addition of a retention basin on the corner which would limit signage on Jefferson, even though that seemed to be the main signage area. He asked if the actual total signage could be reduced to the correct amount of area, would it be possible to make three signs and still have the correct amount of square footage. Chairman Alderson said what Commissioner Weber was suggesting would require the applicant file a variance. Staff said the applicant's representative, through the sign program process, had been afforded additional monument signs. Staff's perspective was it had to do with size and the fact this is zoned Neighborhood Commercial. Staff said, at this time, there is the option to have more than two signs. Commissioner Quill asked if the point of this application coming to the Planning Commission was so they can make modifications. Staff said the Code does allow for some deviations to be considered in accordance with the appropriate provisions. Commissioner Quill said he thought one sign on Jefferson Street and one sign on Fred Waring was adequate. He added the architectural portion of the sign should not be considered part of the sign as shrubbery would grow over it. It will not be obtrusive if it is left as is. One sign on each street is adequate and the applicant has the option of deciding where the signs would be placed. Chairman Alderson suggested if the sign could be amended so the Jefferson Square portion was made smaller and the tenants names were made larger. Sign locations 2 and 3 are logical places to put the signs but the client does have the latitude as to where to place them. The Conditions of Approval allowed for signs to be submitted as signs 2 and 3 along Jefferson Street. Staff asked if that included all other recommendations as submitted. There being no further discussion, it was moved and seconded by Commissioners Quill/Wilkinson to approve Minute Motion 2008-013 recommending approval of Sign Program 2008-1254, as recommended. Unanimously approved. 477 Planning Commission Minutes July 8, 2008 VI. BUSINESS ITEMS: A. Discussion regarding the consideration of the SilverRock Resort Project Programming and Design Recommendations, Plans, Graphics and Various Exhibits Prepared by HAS Design Group for the Various SilverRock Design Components. A summary of the comments included the following: • Questions about the Planning Commission's input into the Hotel design plan. • Question about whether the hotel and the golf course would be identified. • Appreciation that there is no turf, no water feature, and that it encouraged lower water usage. • Nice color and paver schemes which blend well. • One item not addressed was lighting. Suggested low level and energy efficient equipment as well as accommodating the Dark Sky Ordinance. • Desire for the landscape palette, close to the mountain, include more plantings native to the Coachella Valley rather than the Sonoran -Desert type plantings. • Liked the entry way colors. • Question about the distance from Jefferson Street to the walk-in portals. • Question about the curved masonry walls and the topography behind them, as well as the setback and stacking at the entry gates. • Suggested view windows into the golf course. • Concern for pavement on the crosswalk. • Question about a mixed use pedestrian trail. 478 Planning Commission Minutes July 8, 2008 • Entry signalization. Hotel walkway including public access. • Inclusion of fossils in nodes. • Overall trail system well done. Subject nodes and mapping still needed to be worked out • Concrete sidewalks and horse traffic. • Opportunities for interpretative interaction are great. Suggestion that the developer work with the native Cahuilla tribe. • Consider use of native elements (honey mesquite), on Hotel Drive. Consider recreating the mesquite hummocks. • Use native plants in the Bear Creek Area. • Look at green and sustainable opportunities; such as using sustainable products in place of the concrete pathways. • Walkability of the project was very important. • Commissioner Weber asked if roundabouts were being considered. • Would the road be undulated. • Was there traffic calming design included in the plan. • Were the updated CVWD golf requirements incorporated into the new phase. B. Commissioner Comments regarding RDA Project Area #2. A summary of the comments included the following: • Question about meeting the City's overall goal of providing affordable dwellings. • Timing of the rehabilitation of the Washington Street units. II. CORRESPONDENCE AND WRITTEN MATERIAL: None '• 479 Planning Commission Minutes July 8, 2008 VIII. COMMISSIONER ITEMS: A. Chairman Ed Alderson and Planning Director Les Johnson gave brief overviews of the City Council meetings of June 17, 19, and July 1, 2008. Planning Director Les Johnson invited the Commissioners to a Housing Community Forum to be held on July 24, 2008, from 6:00 p.m. to 8:00 p.m. at the La Quinta Library. B. List of Commissioners' attendance. Chairman Alderson noted the absence shown was while he was traveling to a City -sponsored function and he was not absent without leave. C. Chairman Alderson asked if the Commissioners could obtain an updated list of who is supposed to attend meetings. Staff said the list would be available at the next meeting. D. Commissioner Quill asked about the Leeds tour. Staff replied they are still trying to coordinate a tour to Vista Dunes, which would include two Commissioners at a time E. Commissioner Weber asked when the Commission would go dark and was told it would be August 121'. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Quill/Weber to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on July 22, 2008. This regular meeting was adjourned at 8:52 p.m. on July 8, 2008. Respectfully submitted, aw� Oti461LI Carolyn Walker, Executive Secretary City of La Quinta, California 480 REPORTS/INFORMATIONAL ITEM: MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 22, 2008 7:05 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:05 p.m. by Chairman Ed Alderson who asked Commissioner Weber to lead the flag salute. B. Present: Commissioners Katie Barrows, Paul Quill, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson. C. Staff present: Planning Manager David Sawyer, City Attorney Kathy Jenson, Principal Engineer Ed Wimmer, Associate Planner Jay Wuu, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None III. PRESENTATION: None. IV. CONFIRMATION OF THE AGENDA: V. CONSENT CALENDAR: A. Chairman Ed Alderson asked if there were any changes to the Minutes of July 8, 2008. Commissioner Mark Weber had the following changes: Page 6, last paragraph, second sentence should read: He said identification of Jefferson Square, for direction purposes, was not more important than the tenants signs, and he wondered if the Square identification could be made smaller and then the tenant identifications made larger." There being no further changes, it was moved and seconded by Commissioners Barrows/Wilkinson to approve the minutes as amended. Unanimously approved. 481 Planning Commission Minutes July 22, 2008 VI. PUBLIC HEARINGS: A. Environmental Assessment 2008-593, Tentative Parcel Map 36067, Site Development Permit 2008-902, and Conditional Use Permit 2008-1 11; a request of Highway One Eleven Partners, LLC for consideration of plans to subdivide and construct Madison Square, an approximately 92,000 square foot commercial development including retail spaces, a health club, and a drive -through restaurant, located on the northeast corner of Highway 111 and Dune Palms Road. Chairman Alderson opened the public hearing and asked for the staff report. Associate Planner Jay Wuu presented the information contained in the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Wilkinson asked about the deletion of two parking spaces and asked where those were located. Staff highlighted those spaces on the Power Point screen. Chairman Alderson asked if those were the grill spaces. Staff said yes. City Attorney Jenson said, regarding the grill spaces, if the Planning Commission was going to relieve the applicant of the requirement, the Commission might want to put some language in the conditions to accommodate this waiver. She said the Commission might not want to waive this requirement, in general, but specifically for this tenant. Commissioner Wilkinson asked if there would be changes to the building. Staff said they would defer to the applicant to respond. Commissioner Wilkinson asked about a walking path on the CVWD path on the Channel. He commented other projects have been conditioned to include the path or had funds set aside to accommodate them. He commented on the TRESS committee, and wondered if there was any condition to address that. Planning Manager Sawyer said there was not at present. 432 Planning Commission Minutes July 22, 2008 Chairman Alderson asked if any comment on that condition would be coming back. Planning Manager Sawyer said this condition was not discussed prior to the meeting but the condition could be added if the Commission desired. Commissioner Quill asked what the sidewalk width was on Highway 111. Associate Planner Wuu replied it met the City of La Quinta guidelines. Commissioner Quill commented the sidewalk was ten feet in other areas and asked if it was six feet in this one. Staff replied it was six feet. Commissioner Quill commented on the width of sidewalks along Dune Palms and other areas of Highway 111. He was concerned about pedestrian access, adequate sidewalk width, and proximity to the street. He said there was a lot of pedestrian access on that road and wanted to make sure there was adequate sidewalk for bikes and pedestrians. Staff replied the sidewalk would be the same width as the adjacent development to maintain consistency between the two. Chairman Alderson asked if this project would reflect the same sidewalk width as the project to the east and asked staff if they had any exhibits showing the width of the sidewalk. Planning Manager Sawyer said none of the drawings, presented at the meeting, showed the width of the adjacent sidewalk. He said it would be appropriate to condition this project to have a sidewalk width which is equal to the adjacent property for consistency. Commissioner Quill asked if that was a minimum of eight feet. Planning Manager Sawyer said eight feet was identified in the drawing presented to the Commission. He did not know if the sidewalk on the adjacent property was ten feet. Commissioner Quill noted the plans indicated several turf areas which did not serve any useful recreational purpose. He wanted to know if staff had discussed this with the applicant. Associate Planner Wuu said they had and the amount of turf shown actually represented a reduction from the original plans. He suggested the Commissioners could discuss a further reduction with the applicant. Commissioner Barrows said the City was trying to provide pedestrian access both from Dune Palms and Highway 1 1 1. She said it looked like it was done on Highway 1 1 1 in a way that wasn't right along the road, but she was concerned there was pedestrian access cutting right in front 483 Planning Commission Minutes July 22, 2008 of the entry point for the drive- through. She said there may not be a lot of other options available but wanted to know if that design made sense. She concurred with Commissioner Quill's question about the sidewalks. She said it would be better to have the sidewalk set back from the street in a design similar to that on Highway 111. Associate Planner Wuu responded on three points: 1). Building 6 - the pedestrian access wasn't there originally, it was an added condition; 2). northeast of Building 6 - a pedestrian access was added as a decoratively paved trail/path over the planter and across the drive -through into the north entrance for the restaurant providing pedestrian connectivity to the site; and, 3)• the sidewalk on Dune Palms - the original plan showed a sidewalk that ran along the street and the applicant re -configured it to meander near Buildings 4 and 5 to add access into the site. There was a Public Works issue with not having a sidewalk along the curb for uses such as stalled vehicles. There would need to be sidewalk access so someone could access the vehicle. If there was a planter it would be more difficult to access a vehicle. That was the reason behind the inclusion of the meandering sidewalk along Dune Palms. Commissioner Barrows was concerned about the pedestrian access near Building 6 being in the front entrance of the drive -through; especially since this would be a location of high student pedestrian traffic. Associate Planner Wuu said they had focused on students there, and the Main Access Drive, bisecting the site, has a decorative sidewalk clearly marked for pedestrians. Students would not have to cross Highway 111, they could take that sidewalk. Commissioner Quill pointed out a small planter on the slope down towards the wash and mentioned it was bothersome because it is in an area where students walk to school. Associate Planner Wuu went over the plans; including the traffic layout and a future signalized intersection. Chairman Alderson asked which side of the road the high school students would normally be using. Commissioner Weber said they would use both roads as well as Adams Street. W Planning Commission Minutes July 22, 2008 Associate Planner Wuu commented on the applicant's inclusion of bicycle racks to accommodate the high school students. Commissioner Quill asked about the stacking area for In-N-Out Burger and described stacking at other In-N-Out restaurants during rush times. He asked if the City had considered an adequate stacking plan which would avoid having cars consistently blocking parking spaces. Associate Planner Wuu said there were over 10 stacking spaces. Staff did not see a significant issue. Commissioner Quill asked if the development was over, or under- parked. Staff said it currently met the City's parking requirements. Planning Manager Sawyer replied to the stacking question stating the site had been designed to allow the overflow queue to extend back into the parking lot. This made it a little more visible from Highway 111, and if that was a concern the Commission could address it by conditioning more landscaping to hide the stacking. Commissioner Weber said if there was an overflow of more than 10 cars, it could probably be accommodated with additional berming or an addition to change flow. Commissioner Weber said generally the student and walkability issues had been addressed. The parcel map did show a sidewalk to accommodate the student traffic. He had a concern about the elevation change in the northwest corner in relation to if, and when, a bridge was going to be built. He asked if the elevation would change then. Chairman Alderson said he was correct. The bridge, currently planned for construction, would make the grade change from 13% in one direction to 4% in another direction based on a flat bridge deck. A curvilinear deck would change that. He said the northerly access could be preserved even under the bridge condition, however if that was a concern a condition could be added. Chairman Alderson asked for confirmation that the grade differential would change from 13% in one direction to 4% in the other direction. Principal Engineer Wimmer said that was correct, per the Preliminary Study. Commissioner Weber said he was concerned about adequate bike access and cited the example of the McDonald's restaurant. Planning Commission Minutes July 22, 2008 Chairman Alderson said the Commission had spent a lot of time in discussion of drive -through screening. He was concerned about screening on the corner as well as the entire parking lot. He referenced the undulations and berming shown in the architectural layout. He described the landscape palette and layout and wanted to know if the seven or eight large trees shown were adequate screening for that size acreage. Chairman Alderson said the Commission had two sets of revised conditions of approval and asked staff if there was anything the Planning Commission should be concerned about Planning Manager Sawyer explained the information contained in the memos submitted to the Planning Commission, copies of which are on file in the Planning Department. Chairman Alderson asked if staff would confirm the applicant was not required to participate financially in a future signal via bonds or an agreement. Principal Engineer Wimmer said that was correct. City Attorney Jenson clarified the information from the Public Works Department stating the reasons why the conditions were not written to require the developer to contribute to future signalization. She said the signalization issue was currently anticipated to be added to the DIF (Development Impact Fee) 100% at the August 51' City Council Meeting, when Council would take up the revised DIF. Because the signalization would be 100% funded by the DIF, Public Works staff did not think it was appropriate to add it as a condition. However, that is not yet approved. A condition could be added to the effect that if the DIF was not added then the applicant's responsibility would be 50%, but it was anticipated that it would be funded by the City-wide DIF. There being no further questions of staff, Chairman Alderson asked if there were any applicant representatives or comments. Mr. Brad Sobel, Highway 111 Partners, 420 Beverly Drive, Beverly Hills CA 90210, was introduced. Mr. Sobel responded to staff's comments on the Highway 1 1 1 screening for Building 6. He said they did what they felt was a thorough job of screening by providing screening walls, berming, and landscaping to eliminate the visibility of autos from Highway 1 1 1 in that area. He then went over the cross-section screening shown on the screen. Planning Commission Minutes July 22, 2008 Chairman Alderson asked about the panelized landscaping. Mr. Sobel said they were masonry walls. Mr. Sobel gave a brief explanation of the plans and said the architect for In-N-Out Burger, and a representative from LA fitness, were present. Mr. Steve Sherrill, Landscape Development, 1874 Tandem Way, Norco 92860 introduced himself and offered to answer any questions. Chairman Alderson said he had grave concerns about screening and asked about the shading of the nine Palo Breas in the center of the site. Mr. Sherrill said they were a low branching screening tree. Chairman Alderson asked if they were deciduous. Mr. Sherrill replied they were. Chairman Alderson asked about the height of the Blue Palo Verde trees to be installed in 24-inch boxes. Mr. Sherrill said, on average, they were about 10 feet high at the top of the canopy when planted. Chairman Alderson commented that the desert willow was also a lower branching tree with negligible screening value. Mr. Sherrill replied it was a wispy tree. The Bruce Lancia had been chosen for use in the parking lot as it was a denser variety. Chairman Alderson discussed several other tree varieties and their shading properties. Mr. Sherrill responded relocation and re -specification of the trees was not a problem. He added, the applicant had actually focused their efforts on screening and berming of the drive- through area. The berming issues could be achieved through modifications within the space available. Commissioner Quill said he could not read the grading plan as it was too small. He requested the applicant describe the grade at several locations as he would be unable to make a decision without clarification of these numbers. He added the Commission had been consistent on stating turf would not be approved if it did not serve a legitimate purpose. He suggested the applicant replace the turf with a desert -tolerant ground cover. He also had concerns about the sidewalk. He could not tell what the width of the sidewalk was but said it needed to be at least eight feet along the entire length. He said he would defer to Commissioner Barrows' suggestions for plant choices. 437 Planning Commission Minutes July 22, 2008 Mr. Sherrill said the purpose of the turf was to stay consistent with neighboring property but the applicant could go back and remove the turf. Commissioner Quill said his biggest issue was the berming and keeping cars, headlights, and car hoods invisible from Highway 1 1 1. Commissioner Barrows endorsed the comments made by Commissioner Quill. She didn't have an alternative suggestion for the desert landscape, but said she understood the berming was supposed to be three feet high. She suggested if the turf was eliminated, there would be the potential for a higher berm. She said additional trees were needed, possibly Palo Verdes. She agreed with the ALRC, in terms of landscaping, the African Sumac was compact but was not sure that would work out. She said Mesquite does best, but suggested the applicant look for a tree which provided more shade. She also echoed Commissioner Quill's comments regarding the turf. Commissioner Quill asked if the buildings would be brought back to the Commission at a later date. Planning Manager Sawyer said the approval of the buildings would be made at this meeting. Chairman Alderson said these buildings were superior to those on the adjacent property and were very well designed. He said the layout was very good for the LA Fitness building. Mr. Mike Sutton, RBF Consulting, 74-130 Country Club, Palm Desert, explained the property grading. He explained the differentiation in heights across the development versus the Highway 111 grade and the possibilities of changing the height of the berm. Commissioner Quill said to simplify the issue on the berming we could just require it be approximately a three foot berm in elevation, above the top of curb elevation on the parking lot side in a meandering, sloping form, but said that couldn't really occur where the paths came through. Chairman Alderson said he was going to recommend that the landscaping be brought back. He asked if the Commission could do that as a separate issue. City Attorney Jenson said yes. Commissioner Barrows had a question about a Tentative Parcel Map condition dealing with the sidewalk on Dune Palms. She said the condition required an eight foot meandering sidewalk which it does in part, but not the whole way. She asked if the applicant could address Planning Commission Minutes July 22, 2008 having the sidewalk off the street; possibly by making it wider on Dune Palms to better serve the high school students. Mr. Sherrill commented on the areas where the sidewalk meandered. He explained there was not enough room to meander the sidewalk into the landscaped area. He said there was also a requirement to have a sufficient berm between the street and the parking lot. For those reasons it remained curb -adjacent and had some curvilinear nature between Buildings 4 and 5 and the street. Commissioner Barrows asked if that eliminated the possibility of putting the sidewalk on the other side of the berm. Mr. Sherrill replied that was correct but then it would be adjacent to the parking lot. He said that was a possibility. There was a brief discussion about clarification of which area was being discussed. Mr. Sherrill pointed out the correct area. Chairman Alderson asked if the applicant was discussing the possibility of bringing in the sidewalk into the inward area. Mr. Sherrill said that would be the other alternative; to route the sidewalk to be immediately adjacent to the end of the parking stalls and have the berming between the walk and the curb. He was unsure if that affected the Public Works condition concerning the stalled cars issue. That was not a part of the applicant's design issue. It was strictly the berming. Chairman Alderson asked about Building 1 along the west face, and asked if the sidewalk could be brought inward there, then the same condition could apply in both locations. Commissioner Quill asked if the slope was getting to be an issue there? Mr. Sutton said the slope was beginning to be an issue there and went over the landscape plan, discussion of the sidewalks, the layout, and the reason for the layout. He ending by saying the primary way they want to direct traffic, until a bridge was completed, was on the west side of the street. Chairman Alderson replied the traffic could not be put over there. Mr. Sutton explained the sidewalk, on the north side of the wash, was along the high school. 4U9 Planning Commission Minutes July 22, 2008 Commissioner Quill said he was right about that and there was no sidewalk on the east side. Commissioner Weber said that was right and that area was going to have to have some improvements. He said he was glad the Commission was addressing the issue specifically concerning the areas by the high school, over on Adams Street, and through the wash. It was critical these issues be addressed. Having the sidewalk adjacent to the street was not a very good plan and needed to be mitigated. Commissioner Quill said if the sidewalk could not be relocated then it had to be made wider. Chairman Alderson asked why the eight foot sidewalk couldn't be brought in and the street side be landscaped. Mr. Sutton replied currently the sidewalk was six feet wide. He said an eight foot width might be possible. He said to move the sidewalk non -curb adjacent could be difficult because of some of the slope issues, especially on the north side. Chairman Alderson asked if this was due to grade issues. Mr. Sutton said yes, as well as ultimately with the bridge condition. Chairman Alderson asked if the Commissioners felt there were enough issues brought up to bring the landscaping portion of the project back, at a later date, and go forward with the rest of the project. Commissioner Wilkinson commented on the landscaping saying an adjacent city had installed artificial turf in some of their medians. He said this could be a future solution for the look of turf while eliminating the extensive upkeep and water usage requirements. He commented he could not tell the difference in the appearance of the artificial turf unless it was pointed out. Chairman Alderson said maintenance of turf was expensive in proportion to the square footage. He said he was in support of Commissioner Quill's comments and said maybe sod could be a viable alternative. Mr. Sobel said he wished to speak to the sod issue. He said they were not a proponent of "we must have sod there". It was just a design idea. They would be happy to remove the sod and continue with the desertscape. He added they were happy to take the conditions asked for, regarding increasing the width of the sidewalk on the north end and in 11 430 Planning Commission Minutes July 22, 2008 the middle section, and also further south in front of Buildings 4 and 5 to accommodate a wider width if it could not be accomplished due to grade issues. They were happy to make the sidewalk wider to accommodate the Commission's request. Commissioner Barrows said, in response to Chairman Alderson's question about the separation of the landscaping from the balance of the project, there were some conditions which applied to the project and some to the landscaping. She clarified the Chairman was suggesting they go on with the project and review the landscaping portion at a later date. Chairman Alderson replied either separate the issues or include conditions to address the landscaping concerns on the project and then go forward. Commissioner Barrows asked the applicant if they had additional comments on the project before the Commission proceeded further. Mr. Sobel said they had no further specific comments other than to address the Commission's concerns and questions. There being no further applicant comments Chairman Alderson asked if there was any public comment. Mr. Dr. J. W. Allen, 80-416 Pebble Beach, La Quinta, said he wished to speak in support of the proposed development. He and his wife had been long time friends of the principals in the corporation and knew, from their past endeavors, they had always done a first class job. They were very responsible and interested in the area. He added, in conversations with friends and residents of PGA West, the development of this particular parcel was of great interest to that group to get rid of the last empty space in a way that was very attractive. He said the idea of the In-N-Out Burger, as well as the LA fitness was very attractive to the locals. He said he was looking forward to the Commission's approval and the project's ultimate completion. Mr. Sobel said he wanted to be sure everyone understood the access to the middle drive. He said the documents the Commission had showed full term movements were permitted with a stop sign for a traffic signal at the section discussed previously . He suggested there was an earlier misunderstanding regarding the turn movements. He asked for clarification from staff. 491 Planning Commission Minutes July 22, 2008 Principal Engineer Wimmer pointed out Condition 22 a, & b in the Tentative Parcel Map Conditions: the Dune Palms Road southerly access drive was a right in right out, and no left turns in or out were permitted, the middle access drive, which was the one across from Corporate Center Drive, scheduled for future signalization, allows full turn movements (stop controlled on the driveways at project opening)• Later on, if a signal was warranted, it would be full turn movements with a traffic signal. He added that Mr. Sobel was correct in stating that it was full turn movement on that access. And on the northerly access the drive was a right -in, right -out with prohibitions of the left turn in and out. Commissioner Quill said there was a deceleration lane coming into number 3 and asked if that same width carried across to number 2 so that it stayed a deceleration lane as you come into number 2 as well. Mr. Sobel said no it did not. The deceleration lane at the drive entrance for number 3 was put in after discussion with City staff. That entrance was actually below the trip count for a required deceleration lane, but the applicant offered to put that in at that intersection; however traffic to number 2 did not continue as a deceleration lane. There being no further questions, or public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Weber said he was curious why the middle driveway was chosen for signalization. The orientation was similar to Adams Street, close to the entrance into the Henry's market and the Post Office. Associate Planner Wuu said there were two issues dealing with the signalization of the middle driveway: 1►. the southern driveway did not meet General Plan requirements, as the southern access would be too close to Highway 1 1 1, another signalized intersection; and 2). the intent was Corporate Center one day would go all the way through and the light on Adams would be synchronized with this one. Commissioner Weber had additional comments on the sidewalk issue. His reference point being Adams street which had some berming between the curb and gutter and the sidewalk adjacent to the Jiffy Lube and where they had berming. He did not like the sidewalk adjacent to the street on Dune Palms. He suggested with all the traffic anticipated at In- N-Out if there could be some kind of retaining wall and relocation of the sidewalk. He said there should at least be some kind of separation 492 Planning Commission Minutes July 22, 2008 through curb and gutter. He deferred to the rest of the Commission. He strongly felt it needed to be addressed. He brought up the access to the wash area and to a future trail, and said he hoped the applicant would include a trail on the multi -use trail in his planning process. He commented on the bike lane and his hope the City continued to be friendly to bike usage. Commissioner Barrows said after looking at the conditions she would support a condition to remove the turf. She had concerns on the landscaping issues, such as screening, additional planting, more trees and a condition which specifically addressed the berms, and was in favor of bringing the landscaping back as a separate issue Commissioner Barrows said she deferred to Commission Quill's suggestion on how the berms should be addressed. She was interested in the trails issues and how they needed to be dealt with, as well as an alternative parking lot tree as recommended by the ALRC that provided more shade. She concurred with Commissioner Weber; she would not be comfortable with the sidewalk design as presented on Dune Palms. Commissioner Quill said he wanted to replace the Bruce Lancia as the main shade tree in the parking lot with an alternative which would not be chosen at the meeting but could be deferred to the Planning Director's approval. Commission Barrows said there was already a condition that addressed that concern. Commissioner Quill said he'd like to propose that the sidewalk on Highway 1 1 1 be ten feet wide. He was concerned with children walking to school and the safety issue of a curb -adjacent sidewalk. He suggested a retaining wall could be used because of the difference in elevation between the parking lot and Dune Palms on the right side, which would prevent the students from molesting the plants behind that retaining wall and deter the vandalism of landscaping along Dune Palms. He was amenable to quality fake turf. He agreed with the trail condition and wanted to add a condition to make sure the future access between those two buildings for the multi -use trail would be provided since the whole purpose of building the multi -use trail, along the wash, was to access the commercial sites. 493 Planning Commission Minutes July 22, 2008 Commissioner Quill also requested there be a minimum three foot meandering berm, measured from the southerly top of curb of the parking lot between Highway 1 1 1 and the parking lot. Commissioner Weber asked if that three foot berm would be the whole length of the parking lot. Commissioner Quill replied basically the whole length except at the ends where the sidewalk came through where they would have to maintain handicap access. Chairman Alderson asked if Commissioner Quill was asking that it be more constant instead of the undulations shown on the plans. Commissioner Quill said yes; not engineered, but a landscaped -quality berm. Commissioner Wilkinson asked for clarification on the trails condition. He asked if there was some language already included. Planning Manager Sawyer said the Commission could add to the language read earlier to clarify that said improvements include access to the site between Buildings 2 and 3. He read the entire condition which said: "If the Planning Director determines that improvements along the Channel Bike Trail are required the developer will be required to install such improvements or bond for the improvements prior to the approval of the final map. Said improvements shall include access to the site between Buildings 2 and 3." Commissioner Wilkinson was in favor of that condition. Chairman Alderson had a lot of criticism of the landscape plans, but wanted to make sure the ALRC knew there was no disrespect towards them. This was constructive criticism. He mentioned several problems with the landscaping plans; such as issues with berms in the permanent grade, the variety of trees, additional trees needed on the Highway 111 side, shade tree replacements, readable drawings, sidewalks that were either 8 or 10 feet and with undulation, and a revised plan eliminated the turf. He added since there was a reference to the multi -use trail plan and the bike path, if he were the applicant, he would want to know what was being requested and how much money was involved. The applicant might have to bond or enter an agreement and he hasn't any idea of how much money was involved. 494 Planning Commission Minutes July 22, 2008 Commissioner Quill commented the building of the multi -use trail was being diligently pursued by the Community Services Department while the Planning and Public Works Departments might not be looking at its inclusion in the appropriate plans. He was concerned that some projects had been conditioned to build the trail, others had not. Chairman Alderson said meeting discussion was alluding to the fact that the applicant might have to post a bond for it. He asked Commissioner Quill if they were discussing a bike path along the berm of the channel. Commissioner Quill said yes. Chairman Alderson asked if the developer had to post a bond or enter an agreement to do that. City Attorney Jenson said the developer would have other improvements he would have to do as well that he will have to bond for, this could just be listed as one of them. That would all done by the applicant's engineer, who would come up with an estimate. Commissioner Quill asked if a future business item could be scheduled to discuss how the bike path would be funded and to address the issue of developer bonding/funding requirements. Planning Manager Sawyer replied they would bring back an update at the next meeting which would include the status of the trail, how it fit in with the General Plan and Parks Trail, and which projects were subject to it at the next meeting. Chairman Alderson said he was leaning towards suggesting the processing of the project and setting the landscaping aside to deal with it as a separate entity. Since the Commission was dark on August 12", he was concerned the delay would encumber the applicant's progress. Commissioner Quill said, in the past, the Commission had approved projects, with the landscape plans being brought back separately for later approval. City Attorney Jenson said the Commission could condition the final landscaping plans be subject to Planning Commission approval. Commissioner Weber asked if that would cause the applicant any hardship. 495 Planning Commission Minutes July 22, 2008 Commissioner Quill said the applicant had to prepare the plans anyway. The hardship could be a potential of a couple of weeks of waiting to be placed on the agenda. City Attorney Jenson said the Commission would need to give the applicant some direction as to what they would need to include in the final landscaping plans. Chairman Alderson asked the applicant if this condition was imposed, did they have enough information to complete the task. Mr. Sobel said yes. They had enough notes to come back with something more acceptable to the Commission. He did discuss the requested bike lane and what the current design plans were for the back of the buildings. He described the easement with CVWD and parking spaces behind the building areas. He suggested they could possibly include some sort of striping plan in the rear of the project to provide use for the bicyclists. He was not sure how wide it would have to be, but used the example of a ten foot bike path on the northernmost edge of the project. Commissioner Weber said what he was envisioning was some special pavement, between Buildings 2 and 3, that would connect the applicant's property to the CVWD property where the trail would be located. It was not his objective to take away any of the property of the applicant but to provide an access point that would come straight through that area. Mr. Sobel said the Commission should be aware there was an architectural element running between Buildings 2 and 3. He went up to the exhibits and pointed out the feature (an arch) which had been included for possible tenant use as outside seating. There would be the opportunity for an outside restaurant area, or coffee service area, to allow the space to be utilized and not wasted. He was sure they could accommodate access to the trail as well as the potential tenants' use of that area. Commissioner Quill asked Mr. Sutton about the relationship between the pavement and the top of the levee. Mr. Sutton replied the top of slope lining to his property line was 15 feet or so. The easement Commissioner Quill was referring to was actually for a sewer line located at the back of the property. 496 Planning Commission Minutes July 22, 2008 Commissioner Quill said that was the 15 feet that would potentially be used to build the multi -use trail. He also commented on landscaping along the berm to screen buildings from the residences across the wash. Mr. Sutton asked if he was suggesting the plantings be placed in the CVWD easement. Commissioner Quill replied yes. Chairman Alderson quoted Councilman Sniff as having said every time he sees a Prest Vuksic building, before him, he has little concern whatsoever as to its quality because they are top-drawer architects. Chairman Alderson echoed those sentiments, but he did have concern with the use of the land. There are only two pieces of commercial ground left in La Quinta on Highway 111 and he said it was imperative the Commission really did their best to screen it for architecture and land use. He did not believe the best usage was a fast food restaurant. Having said that, he added this particular building overrode that because of its nice design. He was still concerned with the screening but reiterated he did not like the fact there was another fast food restaurant on one of the two very precious remaining commercial sites and asked to go on record as having said that. There being no further discussion, it was moved and seconded by Commissioners Barrows/Wilkinson to approve Resolution 2008-019 recommending approval of Environmental Assessment 2008-593, as recommended. Unanimously approved. There being no further discussion, it was moved and seconded by Commissioners Barrows/Weber to approve Resolution 2008-020 recommending approval of Tentative Parcel Map 36067, with conditions as amended below: 1. Amend Condition 11 to read as follows: Dedications shall include additional widths as necessary for dedicated right and left turn lanes, curb cut and curb ramps, a Class III Bike Route and other features contained in the approved construction plans. Additionally, the applicant shall dedicate additional right of way for the construction and maintenance of the potential future traffic signal on the east side of Dune Palms Road at the intersection of Corporate Center Drive/Middle Access Drive. 491 Planning Commission Minutes July 22, 2008 Pursuant to this requirement the applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, and deceleration lane(s). The geometric layout shall be accompanied by professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback required. 2. Amend Condition 19.A.1)b) to read as follows: 10-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. The applicant shall also install City of La Quinta standard light bollards spaced at 40 feet on center and alternating from back to front of the sidewalk as approved by the Planning Director. 3. Add paragraph 2 to Condition 19.A.2)a), which shall read as follows: The sidewalk on the west side of the project (Dune Palms Road) if located adjacent to the roadway shall be expanded to a ten foot width, if feasible. As an alternative, if the sidewalk could be feasibly located further east of the roadway, the sidewalk may be eight feet in width. The sidewalk, located on the south side of the project (Highway 1 1 1) shall be expanded to ten feet in width. 4. Replace Condition 19.A.2)e) with the following: Interconnection between the existing traffic signal at the Highway 1 1 1 and Dune Palms Road intersection and the future traffic signal at the Corporate Center Drive/Middle Access Drive intersection. The design and installation shall include at a minimum, conduit, 498 Planning Commission Minutes July 22, 2008 and pull boxes to provide a workable system as approved by the City Engineer. 5. Add the following paragraphs to Condition 70, as follows: The curbside turf, located on the northwest driveway shall be completed removed and replaced with artificial turf or equivalent water -efficient landscaping. Additional shade trees shall be added to the landscaping palette; and shall include the Palo Verde and Mesquite varieties. Screening shall be provided on the north (Whitewater Channel) side of the project to partially screen the buildings from the adjacent residential properties. Varieties such as oleanders may be used as screening material. 6. Insert the following as Condition 71 and adjust subsequent numbers: The berms as identified and located within the landscape area adjacent to Highway 1 1 1 shall be a minimum of 3 feet in height as measured from the top of curb on the parking lot side of the project. 7. Amend Condition 72 (re -numbered as 73) to read as follows: "The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director, however landscape plans for landscaped median on public streets shall be approved by both the Planning Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Commission. Said review and approval shall occur prior to issuance of first building permit unless the Planning Director determines extenuating circumstances exist „., 499 Planning Commission Minutes July 22, 2008 which justify an alternative processing schedule. Final plans shall include all landscaping associated with this project and shall clearly identify all pedestrian walkways including the central sidewalk area. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer." S. Add the following Condition as number 78 as follows: The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements and perimeter landscaping including but not limited to Lot A, access drives and sidewalks. The applicant shall submit the agreements for maintenance to the Planning Director and City Attorney for review and approval. Approval of the agreements must be obtained prior to final approval of the tentative parcel map. 9. Add Condition 81 which shall read as follows: "If it is determined that improvements to facilitate a multi -purpose trail along the Whitewater Channel are appropriate, the developer shall install or bond for such improvements prior to the approval of the final map. Said improvements shall include access from the trail facility to the interior of the site between Buildings 2 and 3. Said determination shall be made by the Planning Director and be based on existing General Plan policies with consideration of conditions of approval required of comparable approved projects as well as circumstances unique to this specific proposed development and site." 10. Add Condition 82 which shall read as follows: "Should the Corporate Way central access signal not be included in the DIF calculations, as of August 2008, the developer shall be responsible for 50% of the cost of signalization." Unanimously approved. 500 Planning Commission Minutes July 22, 2008 There being no further discussion, it was moved and seconded by Commissioners Barrows /Wilkinson to approve Resolution 2008-021 recommending approval of Site Development Permit 2008-902, with conditions as amended below: 1. Amend Condition 11, first paragraph to read as follows: Dedications shall include additional widths as necessary for dedicated right and left turn lanes, curb cut and curb ramps, a Class III Bike route and other features contained in the approved construction plans. Additionally, the applicant shall dedicate additional right of way for the construction and maintenance of the potential future traffic signal on the east side of Dune Palms Road at the intersection of Corporate Center Drive/Middle Access Drive. 2. Amend Condition 19.A.1►b) to read as follows: 10-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. The applicant shall also install City of La Quinta standard light' bollards spaced at 40 feet on center and alternating from back to front of the sidewalk as approved by the Planning Director. 3. Add a second paragraph to Condition 19.A.21a), which shall read as follows: The sidewalk on the west side of the project (Dune Palms Road) if located adjacent to the roadway shall be expanded to a ten foot width, if feasible. As an alternative, if the sidewalk could be feasibly located further east of the roadway, the sidewalk may be eight feet in width. The sidewalk, located on the south side of the project (Highway 1 11) shall be expanded to ten feet in width. 5 1 Planning Commission Minutes July 22, 2008 4. Amend Condition 71 to read as follows: The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements and perimeter landscaping including but not limited to Lot A, access drives and sidewalks. The applicant shall submit the agreements for maintenance to the Planning Director and City Attorney for review and approval. Approval of the agreements must be obtained prior to final approval of the tentative parcel map. 5. Insert this Condition as number 74 to read as follows: If it is determined that improvements to facilitate a multi -purpose trail along the Whitewater Channel are appropriate, the developer shall install or bond for such improvements prior to the approval of the final map. Said improvements shall include access from the trail facility to the interior to the site between Buildings 2 and 3. 6. Insert this Condition as number 75 to read as follows: Said determination shall be made by the Planning Director and be based on existing General Plan policies with consideration of conditions of approval required of comparable approved projects as well as circumstances unique to this specific proposed development and site. 7. Insert the following as Condition 76 and adjust subsequent numbers: Should the Corporate Center Drive central access signal not be included in the DIF calculations, as of August 2008, the developer shall be responsible for 50% of the cost of signalization. 8. Amend Condition 77 (re -numbered as 80) to read as follows: The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. The curbside turf, located on the northwest driveway shall be completely removed and replaced with artificial turf or equivalent water -efficient landscaping. 5 :+ 2 Planning Commission Minutes July 22, 2008 Additional shade trees shall be added to the landscaping palette; and shall include the Palo Verde and Mesquite varieties. Screening shall be provided on the north (Whitewater Channel) side of the project to partially screen the buildings from the adjacent residential properties. Varieties such as oleanders may be used as screening material. 9. Amend Condition 79 (re -numbered as 83), second paragraph, to read as follows: Final landscaping plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Commission. Said review and approval shall occur prior to issuance of first building permit unless the Planning Director determines extenuating circumstances exist which justify an alternative processing schedule. Final plans shall include all landscaping associated with this project and shall clearly identify all pedestrian walkways including the central sidewalk area. 10. Add Condition 97, which shall read as follows: The waiver of the requirement of grill spaces shall only be allowable for the proposed singular tenant, In-N-Out Burger. Any changes in tenant occupation will cause the condition to revert back to the requirement of two (2) grill spaces. Unanimously approved. There being no further discussion, it was moved and seconded by Commissioners Barrows/Quill to approve Resolution 2008-022 recommending approval of Conditional Use Permit 2008-111, as recommended. Unanimously approved. VII. BUSINESS ITEMS: None Vill. CORRESPONDENCE AND WRITTEN MATERIAL: None IX. COMMISSIONER ITEMS: A. Chairman Ed Alderson said he would give a brief overview of the City Council meeting of July 15, 2008 at the next meeting. 5r'3 J Planning Commission Minutes July 22, 2008 B. Planning Manager David Sawyer invited the Commissioners to a Housing Community Forum to be held on July 24, 2008, from 6:00 p.m. to 8:00 p.m. at the La Quinta Library. C. The Schedule of Commissioner Attendance at City Council Meetings was discussed. D. Commissioner Attendance Update. Planning Manager David Sawyer asked if the Commissioners would like to receive this update at each meeting or on a quarterly basis. The Commission unanimously agreed to receive it on a quarterly basis. E. Discussion of the LEEDs Tour (Vista Dunes) scheduled for July 24 and 25, 2008. Schedule distributed to Commissioners. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Barrows/Quill to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on August 26, 2008. (Planning Commission is dark for the August 12`" meeting). This regular meeting was adjourned at 8:59 p.m. on July 22, 2008. Respectfully submitted, ( )Vh1z) b2 0t1/ Carolyn Walker, Executive Secretary City of La Quinta, California ,.-. 5::i4 REPORTS/INFORMATIONAL ITEM: Aa' MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held in the Study Session Room at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 19, 2008 This meeting of the Historic Preservation Commission was called to order by Chairman Wilbur at 3:02 p.m. who asked for the roll call. I. CALL TO ORDER A. Roll Call. Present: Commissioners Redmon, Sharp, Wright, and Chairman Wilbur Absent: Commissioner Puente It was moved and seconded by Commissioners Wright/Sharp to excuse Commissioner Puente. Unanimously approved. Staff Present: Planning Manager David Sawyer, Principal Planner Stan Sawa, and Secretary Monika Radeva. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: A. It was moved and seconded by Commissioners Wright/Redmon to approve the minutes of May 15, 2008, as submitted. Unanimously approved. V. BUSINESS ITEMS: 5'j6 Historic Preservation Commission June 19, 2008 A. City Historic Context Statement Review Applicant: City of La Quinta Consultant: City Staff Location: City-wide Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Planning Department. Commissioner Sharp referred to the mentioning of "Happy Hollow" on page 41 of the report. He suggested adding in parenthesis those words in the Cahuilla language as well. Commissioner Wright said that based on past experience it had been established the Cahuilla language was difficult to translate because of its uniqueness. Commissioner Sharp suggested consulting with a Native American to obtain the proper translation in Cahuilla as he found it academically appropriate to include it in the document. Commissioner Sharp referenced the first paragraph of page 44 of the report pointing out that it was not the "high ceiling" of the lobby that was decorated by the renowned Mexican artist Diego Rivera and the phrase should be removed. Further, the word "sketches" used to describe his artwork should be substituted with "drawings." Staff agreed and noted the changes. Commissioner Redmon agreed the word "drawings" would better describe the artist's work. Commissioner Wright said the word "discovered" also in the first paragraph of page 44 should be replaced with "'rediscovered" by an employee during the 1989 renovation.' Commissioner Sharp asked if the City Historic Context Statement Review would be available to the public and staff replied it would. Planning Manager David Sawyer asked why the document did not mention the Desert Club as his understanding was that, in its prime, the Desert Club was also a significant destination resort along with the La Quinta Hotel. 5A Historic Preservation Commission June 19, 2008 Commissioner Redmon said that the Desert Club was mentioned as part of the La Quinta Hotel in the previous part of the document "The Resort History" presented to the Commission during the last meeting. Commissioner Wright stated there should be a section regarding Fritz Burns as that would tie in the old real estate office, now the museum and the Desert Club because he was involved in starting it. This section would also talk about the La Quinta Cove and Fritz Burns' encyclopedia lots. Every time someone bought an Encyclopedia Britannica he/she got a free lot. Commissioner Wright mentioned the City and the Historical Society had put something together in the past regarding the history of Fritz Burns as he was a very well known Los Angeles developer. If staff could not find any of those sources, Commissioner Wright said he would provide the information to them. Staff agreed a section about Fritz Burns should be included in the document. Commissioner Wright added that the Desert Club was located where the Fritz Burns Park is now. Planning Manager David Sawyer said his impression was that the owner of the Desert Club was indebted to Fritz Burns and had given it to him to clear the debt. Approximately a decade later the Club was destroyed in a controlled burn. Commissioner Wright noted there were stories about illegal gambling in the basement of the Desert Club, etc. Commissioners Wright, Redmon, and Sharp discussed mentioning the encyclopedia lots in a section other than the La Quinta Hotel and tying together the Desert Club with the La Quinta Cove and Old Town La Quinta. Commissioner Wright said the document should have a section on Marshall Ranch, which is the Hacienda del Gato at the Traditions. Additional sections should also be included on Point Happy, the Morgan House, and the La Quinta Cove. Commissioner Redmon noted the Morgan House was referenced in the document, but did not include a lot of details. Commissioner Wright added that staff should try to find some information on Hidden Canyon which used to be an airport where 507 Historic Preservation Commission June 19, 2008 residents would land their planes and stay at the hotel. Up until the development of Hidden Canyon the airport runway was still in existence. Commissioner Wright continued to say that the oldest white settlement in La Quinta, an adobe structure with a well, was behind Laguna de la Paz where Hidden Canyon is now. This was one of the first white man settlement structures built back in 1910. Commissioner Sharp pointed out the document referenced the past up to the present, but it had no mention of the future. Staff replied the purpose of the document was to encompass only the past. Commissioner Wright added the document should only go back fifty years. Chairman Wilbur inquired whether or not the lists of all of the old and current contractors, builders, plumbers should be included in the document. Commissioners Wright and Redmon agreed the information was historic and it would be better if it could be included, as it was relevant. Commissioner Sharp asked staff if the document would be completed prior to the Historic Preservation Conference next year. Staff replied it would. VI. CORRESPONDENCE AND WRITTEN MATERIAL: A. Attendance Update Chairman Wilbur inquired as to the best way a Commissioner could request an excused absence if they were unable to attend a meeting. Planning Manager Sawyer explained the Commissioner should write a letter in advance, addressed to the City Council, requesting the excused absence and listing the extenuating circumstances. The letter should be submitted to the Planning Staff and would be included in the City Council packet for the following meeting at which time it would be reviewed. Commissioner Wright verified that the Commission was going dark during the month of July. 518 Historic Preservation Commission June 19, 2008 Commissioner Sharp stated he would not be able to attend the October meeting and asked when he should submit his request for an excused absence. Planning Manager Sawyer replied the request could be submitted anytime prior to the absence. Commissioner Redmon asked if Commissioner Sharp could submit a retroactive request to excuse his January, 2008 absence due to the fact that he was having knee surgery at the time and was not aware of the ordinance passed on December 27, 2007. Planning Manager Sawyer said the language of the ordinance did allow for retroactive requests and suggested Commissioner Sharp combine the two requests, the one for January and the one for October, into one letter so that City Council could address both of them at the same time. VII. COMMISSIONER ITEMS: A. Memo regarding Selection of Officers Planning Manager David Sawyer said each Commission was directed, by ordinance, to have an election of officers the first meeting after the month of June. The Commission would be dark in July, therefore during the August meeting a Chairman and Vice Chairman would have to be elected. Vill. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Redmon/Wright to adjourn this Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on August 21, 2008. This meeting of the Historic Preservation Commission was adjourned at 3:27 p.m. Unanimously approved. Submitted Secretary ,... 5 j 9 REPORTSANFORMATIONAL ITEM: 023 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 2, 2008 10:00 a.m. CALL TO ORDER A. This regular meeting of the Architecture and Landscaping Review Committee was called to order at 10:03 a.m. by Planning Manager David Sawyer who led the Committee in the flag salute. B. Committee Members present: Jason Arnold, Ronald Fitzpatrick, and Ray Rooker. Planning Manager Sawyer welcomed new Committee Member Ray Rooker. C. Staff present: Planning Manager David Sawyer, Associate Planner Jay Wuu, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: Staff asked if there were any changes to the Minutes of June 4, 2008. It was moved and seconded by Committee Members Fitzpatrick/Arnold to approve the minutes as submitted. Committee Member Rooker abstained. V. BUSINESS ITEMS: Site Development Permit 2008-902; a request of Highway 111 Partners, LLC for consideration of architectural and landscaping plans for Madison Square, an approximately 92,000 square foot commercial development including retail space, a health club, and a drive -through restaurant, at the northeast corner of Highway 111 and Dune Palms Road. 510 Architecture & Landscape Review Committee Minutes July 2, 2008 Associate Planner Jay Wuu presented the information contained in the staff report, a copy of which is on file in the Planning Department. Planning Manager David Sawyer asked the applicant's representatives to introduce themselves. Those attending were Dave Prest, Prest Vuksic, 44- 530 San Pablo Avenue, Suite 220, Palm Desert CA 92260, Walter Deissler, In-N-Out, 13502 Hamburger Lane, Baldwin Park CA 92706-5855, Brad Sobel, Highway 111 Partners, LLC, 420 S. Beverly Drive #200, Beverly Hills CA 90210, and Steve Sherrill, Landscape Development, Inc., 1874 Tandem Way, Norco CA 92860. Committee Member Fitzpatrick asked about the steps in the approval process. Staff explained the application would go on to the Planning Commission. Committee Member Fitzpatrick asked if this was the Committee's last opportunity to look at this project. Staff replied if conditions were established the Committee would get the final landscaping plan. Committee Member Fitzpatrick asked if a construction schedule had been established. Brad Sobel replied there wasn't a fixed schedule, but they planned to start grading as soon as possible. He then described the planned schedule of building phases and their expected tenant occupation date target of the third/fourth quarter of 2009. Committee Member Fitzpatrick asked if every developer contributed to the Art in Public Places program and how the artwork was selected. Planning Director Les Johnson explained the Community Service Department is responsible for the Arts in Public Places Program and he gave a brief overview of the program. Committee Member Fitzpatrick had a question about restrictions on drive- throughs. Staff said there was no restriction on drive-throughs on Highway 111. It was added that the Planning Commission had historically taken the position to add screening on drive-throughs for aesthetic reasons. Committee Member Fitzpatrick commented on screening in a residential area. Staff explained the restrictions on screened drive-throughs of neighborhood commercial districts versus Highway 111. 511 Architecture & Landscape Review Committee Minutes July 2, 2008 Committee Member Fitzpatrick asked if there would be a monument sign to identify the project. Staff said there would be a sign program which would be approved by the Planning Commission. Committee Member Fitzpatrick asked if the ALRC would be reviewing the sign program and staff explained that was the responsibility of the Planning Commission. Committee Member Fitzpatrick asked if there were standards for bollard lighting. Staff said yes and added staff could make available a copy of those standards if he wished. There was a brief discussion of the lighting at The Pavillion project versus the current standards. Committee Member Fitzpatrick said a lot of the conditions and recommendations seemed to relate more to landscaping than architecture. He asked if an architect had to sign the plans. Staff replied the engineer and architect stamps were industry standards handled through the Public Works and Building Departments. Committee Member Fitzpatrick asked if the landscaper and/or design project person had to be licensed. Staff said State law requires the project has to be addressed by a licensed architect. (Referring to Landscape Development, Inc.) Historically the City had not required a landscape architect to sign off, but the new applications have added language requiring it. Committee Member Fitzpatrick commented on the lack of a licensed architect signature on the plans. Staff replied Mr. Sobel's project was represented by a licensed architect. The new applications would include this requirement. Committee Member Fitzpatrick said it is essential a scaled down version of what would be presented to the Planning Commission also be presented to the ALRC. Mr. Prest said there would not be additional elevations and models presented to the Planning Commission. Committee Member Fitzpatrick asked about green space on Highway 111 and, in particular, this project. Mr. Sobel replied a park area would not be financially viable in a commercial development. He suggested that might be a City function. Planning Director Les Johnson suggested the Committee Members focus on the current project and defer the discussion of future Highway 1 1 1 plans for 5i2 Architecture & Landscape Review Committee Minutes July 2, 2008 another meeting. He further noted the project being discussed complies with City requirements with regard to percent of landscaped area. Staff went over some of the conditions and the applicant's compliance with those conditions. Committee Member Fitzpatrick said he was looking for a summary of pedestrian -friendly areas. He added, a lot of commercial projects did not include enjoyment of the shopping center in their overall plans. He suggested a plaza, streetscape, or open space could be included. He went on to mention bicycle parking spaces and the possibility of a public fountain. Committee Member Fitzpatrick commented on the LA Fitness building. Mr. Prest said there was no one at the meeting representing LA Fitness, but he went over the details of the building. He included information that their buildings usually have an energy management system. They use lighting, motion, and daylight sensors as well as other energy saving features in other areas of their buildings. The project has to meet California standards. Mr. Prest added the landscaping was designed from a drought -tolerant standpoint and the waste bins included recycling. Committee Member Fitzpatrick asked him what his feelings were on solar energy. Mr. Prest said he left that up to the owner. Mr. Sobel replied they did not have any plans for the addition of solar energy at this time. He said it comes down to cost versus benefits. Committee Member Rooker thanked the applicant for a professional presentation. He asked about pedestrian access to the building housing In-N- Out Burger and a paving treatment to the exercise building since staff had suggested a proposed link. Staff showed a diagram to the Committee Members and pointed out where a proposed crosswalk would be placed. Committee Member Rooker asked if there was a building entrance on the north side of In-N-Out. Mr. Sobel replied there was. Committee Member Rooker said there was a unique architectural situation between Buildings 2 and 3. He asked if there was some intent for that area; such as a small park or a shaded area. Mr. Prest pointed out, on the plans, where they were going to link that area with some type of architectural structure. He said there was a wall with some holes in it and pedestrians would walk under it. He pointed to area portion of the adjacent building where there might be a restaurant and, noted in the future, this location could include a shaded area where shoppers could eat. 50 Architecture & Landscape Review Committee Minutes July 2, 2008 Committee Member Rooker asked if they would consider a water feature there. Dave Prest said the design would evolve as new tenants arrive. There was the possibility of more things happening in the future. Committee Member Rooker said looking at Building 2, and the southwest exposure, there were only a couple of trees. He suggested more trees. Mr. Sherill went to the landscaping chart and said there could be more trees included. Committee Member Rooker said the plan showed employee parking near Buildings two and three, as well as on the east side. He added the elevations showed palm trees, but the site plan showed nothing. Mr. Sherrill said there was currently nothing there. Mr. Sobel said the area is directly adjacent to the Dunes Center. It is not an exposed side of the building, as there happens to be a building built there so that exposure is blocked. The other exposure is blocked by the wash. He mentioned the trees in the front and said visibility is everything to the tenants and shop owners. It has to do with the ability to gain tenants. They will lose tenants if there is no visibility. Committee Member Rooker said it was a sensitive point. He was just referring to other buildings on Highway 111. He suggested large potted plants be used to break up all the stucco and concrete. Staff replied they did not call out for additional landscaping in that area, (Building two) because between the trees there was actually an architectural feature which included a radius overhang with an awning. He pointed out where the arch was located on an exhibit in the Committee Members' packet. Committee Member Rooker said he understood after seeing the exhibit. Committee Member Rooker had a question with regard to the setback along Dune Palms. He had a topographical map that showed some berms. He said he would like to see that slightly bermed. Mr. Sherrill said the topographical map was correct and it would be rolling topography. Committee Member Rooker commented on how visitors believe we live in an Oasis. He pointed out the amount of green grass on Highway 111 and how it makes you feel as though you're in an oasis. He said there was no lawn on the entrances and suggested a little bit of green on each side of the driveway. Mr. Sherill went to the exhibits to clarify what area Mr. Rooker was referring to. Mr. Sherill said, because of special requirements, it might be possible on one side, but not the other. Committee Member Arnold asked if that would change their CVWD requirements. Mr. Sherrill said no. 514 Architecture & Landscape Review Committee Minutes July 2, 2008 Committee Member Arnold said the project looked great. He had a few concerns, but they had been addressed by the other members. He asked if it was a requirement that the planters in the parking lots be 6 x 6 . Staff said yes. Committee Member Arnold commented on the hybrid trees being of a type he had never heard of and he had to look them up. Mr. Sherrill asked about his position on the mesquites and date palms. Committee Member Arnold said he did not have a problem with date palms or mesquites but that it does need to be noted that both have some long-term maintenance issues.. Committee Member Arnold told of a recent situation in which the whole crown of a date palm was in the middle of Highway 111, pointing out the possible danger if improperly cared for. Committee Member Rooker said staff had asked the Committee to discuss pedestrian amenities and the crosswalk. He asked if it had been addressed properly. Planning Director Johnson said staff had supplied (condition) language with regards to the bicycle racks and all three pedestrian accesses and pedestrian amenities. Items 10, 11, and 12 in the staff report suggested conditions noted for the Committee's consideration. Committee Member Fitzpatrick asked if the Committee should review the placement and the location of the bicycle racks. Staff said the ALRC has the option to discuss where the bike racks can go. At present they were only needed in front of the LA Fitness site. Planning Director Johnson said the Committee Members could include their recommendation as a condition or their interest could be addressed to the applicant. He added, the City of La Quinta was becoming more concerned about the economy and sensitive to the needs of the community. This is an auto -oriented area of the community, but we want to make sure there is the convenience and ease of connection for those who choose to use bicycles. Planning Manager Sawyer noted the Committee Members had said they had some suggestions and asked if they wanted to include them as recommendations. He added they should keep in mind that their recommendations will go to the Planning Commission as conditions and suggestions would not. The applicant, oftentimes, will take their suggestions and conditions and, if they have time, will amend the actual site plan before it goes to the Planning Commission. 515 Architecture & Landscape Review Committee Minutes July 2, 2008 Committee Member Fitzpatrick asked if the recommendations would show on the plans before the Planning Commission. Staff said they would if the applicant chooses to include them. If it was made a condition it would be included in the Planning Commission staff report. Committee Member Fitzpatrick asked if there were any recommendations the applicant did not agree with. Mr. Sobel said he didn't have a problem with any of the current conditions. He did ask about the type of bicycle racks. Committee Member Fitzpatrick said he just needed one that bolts to the sidewalk. Mr. Sobel said he didn't have any problem with that. Committee Member Arnold added you could add a professional bike rack for $250. Mr. Sobel discussed the addition of adding grass. Committee Member Rooker said he would prefer to make this a suggestion; not a recommended condition. Mr. Sobel had issues with adding a specific design to the specific location (corner of the building). He would prefer to have it be tenant- driven. Committee Member Rooker said the recommendation was very general including the pedestrian amenities. Mr. Sobel said he understood. Staff made the suggestion to change the condition language to read "in proximity to". Committee Member Arnold asked if the applicant planned to include any boulders in the landscape. Mr. Sherrill said not at the moment, but it would be a nice site use. Committee Member Fitzpatrick said it was a very nice project, and very good visually. However, he would like to see a more pedestrian friendly design. There being no further questions, it was moved and seconded by Committee Members Fitzpatrick/Rooker to adopt Minute Motion 2008-015, recommending approval of Site Development Permit 2008-902. Unanimously approved. VL CORRESPONDENCE AND WRITTEN MATERIAL: Attendance Update: There was a discussion of rules of attendance and an explanation to new Committee Member Rooker. 56 Architecture & Landscape Review Committee Minutes July 2, 2008 Commission Minutes: Written directions were distributed to Committee Members with information on how to locate Committee/Commission minutes on the City of La Quinta website (www.la-quinta.org). VII. COMMITTEE MEMBER ITEMS: None VIII. PLANNING STAFF ITEMS: 1. Planning Commission Update: Planning Manager David Sawyer said staff would be giving the Committee updates, at each meeting, of items that had gone on to the Planning Commission or City Council. Hg also referenced the information on how to print out Commission Minutes as shown above. He went over the directions as printed and distributed and discussed alternative ways of searching. He directed Committee Members to contact staff with any further questions. Committee Member Arnold asked if they would be able to look up Council comments about projects recommended by the ALRC. Staff replied they would be included in the Council minutes. Committee Member Fitzpatrick wanted to know how far in advance of the meeting he could look at the agendas/minutes. Staff explained the procedures on posting documents on the City's website. 2. Brown Act and Ethics Update: Committee Members were advised they would be going through a training session put on by the City Managers office, planned for some time this fall. Staff said they would be formally notified of the date, time, and location of the training. 3. Classes and Seminars: Staff said they would provide updates on classes and seminars which would be available for Committee Members. 517 Architecture & Landscape Review Committee Minutes July 2, 2008 IX. ADJOURNMENT There being no further business, it was moved and seconded by Committee Members Fitzpatrick/Arnold to adjourn this meeting of the Architectural and Landscaping Review Committee to a Regular Meeting to be held on August 6, 2008. This meeting was adjourned at 11:11 a.m. on July 2, 2008. Respectfully submitted, CAROLYN WALKER Executive Secretary •• 5 18 DEPARTMENT REPORT: 3 - A . r CITY COUNCILS UPCOMING EVENTS SEPTEMBER 16 SEPTEMBER 24-27 OCTOBER 7 OCTOBER 21 NOVEMBER 4 NOVEMBER 4 NOVEMBER 18 NOVEMBER 25 DECEMBER 2 DECEMBER 16 CITY COUNCIL MEETING LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE - LONG BEACH CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING ELECTION DAY CITY COUNCIL MEETING JOINT CITY COUNCIL/COMMISSION/ COMMITTEE/BOARD MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING LA QUINTA CITY COUNCIL MONTHLY CALENDAR September 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 3 4 5 6 7177 3:00 PM City Council Meeting - CANCELLED 10:00 AM ALRC 9:00 AM -4:00 PM SJSR N11. Mnmt-Henderson 7 8 9 10 11 12 13 10:00 AM Pub. Sfty-Kirk 12:00 PM Transp-Kirk 3:00 PM Mtns. Conversancy -Kirk 5:30 PM Community Services Commission 7:00 PM Planning Comodssion 9:00 AM RCTC Henderson 4:30 PM Investment Advisory Board 9:30 AM Aninml Campus- Henderson 11:00 AM CVCC Sniff 12:00 PM Energy) Environs Sniff 6:00 PM League. Henderson 10 Patriot Day 14 15 16 17 18 19 20 3:00 PM City Council Meeting 10:30 AM Homelessness Conn. 3:00 PM Historic Preser- vation Commission 9:00 AM CVA-Henderson 12:00 PM HCRC-Osborne 21 22 23 24 25 26 27 10:30 AM RCTC Budget Henderson 7:00 PM Planning Corranission 12:00 PM Sunline-Adolph 4:00 PM J.Cechran Reg. 9:00 AM LAFCO- Henderson r Airp-Osborne 1 st Day of Autuim Lea ue of California Cities Annual Conference Lon Beach 28 29 30 6:00 PM Exec Crow Adolph August October S M T W T F S S M T W T F S 1 2 1 2 3 4 3 4 5 6 7 8 9 5 6 7 8 9 10 11 10 11 12 13 14 15 16 12 13 14 15 16 17 18 17 18 19 20 21 22 23 24 25 26 27 28 29 30 19 20 21 22 23 24 25 31 26 27 28 29 30 31 Printed by Calendar Creator Plus on 9/8/2008 520 LA QUINTA CITY COUNCIL MONTHLY CALENDAR October 2008 MondaySunday SaturdayFriday 1 2 3 4 September November S M T W T F S S M T W T F S 1 2 3 4 5 6 1 7 8 9 10 11 12 13 2 3 4 5 6 7 8 14 15 16 17 18 19 20 9 10 11 12 13 14 15 21 22 23 24 25 26 27 16 17 18 19 20 21 22 28 29 30 23 24 25 26 27 28 29 30 10:00 AM ALHC 12:00 PM Mayor's Lunch 5 6 7 8 9 10 11 3:00 PM City Council Meeting 9:00 AM BCTC Henderson 4:30 PM Investment Advisory Board 11:00 AM CVCC-Sniff 12:00 PM Energy) Environs Sniff 12 13 14 15 16 17 18 Columbus Day 10:00 AM Pub. Sfty Kirk 12:00 PM Transp-Kirk 5:30 PM Community Services Commission 7:00 PM Planning Commission 10:30 AM Homelessness Cons. 12:00 PM HCBGOsborne 3:00 PM Historic Preser- va0on Commission 9:00 AM CVA-Henderson 6:00 PM League - Henderson 19 20 21 22 23 24 25 3:00 PM City Council Meeting 12:00 PM Sunlme-Adolph 9:00 AM LAFCO- Henderson 26 27 28 29 30 31 10:30 AM BCTC Budget - Henderson 7:00 PM Planning Commission Halloween 6:00 PM Exec Code. Adolph Printed by Calendar Creator Plus on 9/8/2008 521 LA QUINTA CITY COUNCIL MONTHLY CALENDAR November 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 9:00 AM - 4:00 PM SJSR Nil. Mnmt Ha Berson 4 5 6 7 8 3:00 PM City Council 10:00 AM ALRC Meeting 0 F3:OOPMMtns. Election Day 0 11 12 13 14 15 AM Pub. Sfty-Kirk 9:00 AM RCTC- 9:30 AM Animal Campus. PM Transp-Kuk Henderson Henderson 4:30 PM Invesimait 11:00 AM CVCC-Sniff sversancy Kirk Veterans Day Advisory Board 12:00 PM Emrgyl 5:30 PM Community CITY HALL CLOSED Environs Sniff Services Commission 6:00 PM League Henderson 16 17 18 19 20 21 22 3:00 PM City Council 10:30 AM Homelessness 3:00 PM Historic Preser 9:00 AM CVA-Henderson Meeting Cmte. vation Commission 12:00 PM HCRC-Osborne 23 24 25 26 27 28 29 10:30 AM RCTC Budget Henderson 5:00 PM Special City CounallComnissien 12:00 PM Sunlim Adolph 4:00 PM J.Cochran flag. 6:00 PM Exec Cmto. Meeting Airp Osbome Adolph 7:00 PM Planning Commission Thanksgiving Day Thanksgiving Holiday (City Hall CLOSED) (City Hall CLOSED) 30 October December S M T_IN T F S S_M T IN F S 1 2 3 4 1 2 3 4 5 6 5 6 7 8 9 10 11 7 8 9 10 11 12 13 12 13 14 15 16 17 18 14 15 16 17 18 19 20 19 20 21 22 23 24 25 21 22 23 24 25 26 27 26 27 28 29 30 31 28 29 30 31 Printed by Calendar Creator Plus on 9/8/2008 52 2 DEPARTMENT REPORT: NOFT1� TO: The Honorable Mayor and Members of the City Council FROM: Veronica J. Montecino, CMC, City Clerk DATE: 14, September 16, 2008 SUBJECT: Volunteer Police and Firefighter's Annual Dinner and Holiday Open House Each year, the City of La Quinta honors the Police and Firefighter volunteers with a recognition dinner for their service. It has been customary to schedule the event during the first week of November. Last year's event was held on Wednesday, November 1, 2007. The following dates appear to be available for consideration: Wednesday, November 5, 2008 Thursday, November 6, 2008 Friday, November 7, 2008 The Holiday Open House has been held during the first week of December the past few years. Last year the event was held on Friday, December 7, 2007. Staff suggests the event be held on Friday, December 5, 2008, to coincide with the La Quinta City Calendar published earlier this year. Staff will proceed with the arrangement immediately upon selection of a date by the City Council. . 5'_� DEPARTMENT REPORT: TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety T`t4- DATE: September 16; 2008 RE: Department Report — July and August, 2008 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the months of July and August. 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O 0 F 0 F to U = y rnUK M O Q 0 W (M uQl0 J z z 599 DEPARTMENT REPORT: J- _ F y OFT TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Directorlo� DATE: August 19, 2008 SUBJECT: Community Services Department Report for July 2008 Upcoming events of the Community Services Department for September 2008: Sept 1 *Sizzlin' Summer Serenade Evening Dance Sept 1 Jazzercise, Senior Center Sept 1 Tee Kwon Do, La Quinta High School Sept 2 Zumba, Senior Center Sept 2 *Tai Chi Traditional Sept 2 Adobe Elements Beginner, Senior Center Sept 3 Tap Beginner, La Quinta High School Sept 3 Adobe Photoshop Professional, Senior Center Sept 3 Ballet/Tap Combo, La Quinta High School Sept 3 *Ageless Action Aerobics (Morning Exercise) Sept 4 Ballet Beginner, La Quinta High School Sept 4 Dance/Play/Pretend, La Quinta High School Sept 5 **First Friday, Museum Sept 5 *On the Ball Training Beginner (FREE Class) Sept 5 *On the Ball Training Intermediate Sept 8 Ballet/Jazz Combo, La Quinta High School Sept 8 Ballroom Dancing, Senior Center Sept 9 *Yoga for Health Sept 9 *DIY w/Good Design (FREE Class) Sept 9 Intermediate Belly Dance, La Quinta High School Sept 10 **Story Time, Museum Sept 11 Beginning Belly Dance, La Quinta High School Sept 13 San Diego Padres Baseball Game Excursion Sept 15 Beginning Computers, Senior Center Sept 16 Body Sculpting, Senior Center Sept 16 *Arthritis Self Help Program Sept 16 *Tai Chi Beginning Sept 17 Microsoft Word, Senior Center 53J Sept 17 Dispute Resolution Workshop, Senior Center Sept 17 *Sketch & Draw Sept 18 *Watercolor Sept 18 *Fiesta Luncheon Sept 20 Nature Walks, Bear Creek Trail Sept 20 Georgia O'Keeffe Excursion Sept 21 Adult Soccer League Begins, LQ Park Sept 23 Guitar Beginner, Senior Center Sept 23 Rock-N-Roll Blues Guitar, Senior Center Sept 25 *Mature Driver Training Sept 29 *Hooked on Loops Sept 30 *Therapeutic Yoga *Senior Center class or activity **Museum class or activity 531 Community Services Department Attendance Report for the Month of July 2008 Summary Sheet Program 2008 2007 Variance Sessions Per Month 2008 2007 Leisure Classes 120 55 65 73 47 Special Events 419 568 -149 7 8 Adult Sports/ Fitness 806 384 422 46 38 Museum 31 0 31 6 0 Senior Center 853 623 230 68 60 Total 2,229 1,630 599 200 153 Museum Services Visitors - Adults 103 0 103 21 0 Visitors - Youth 15 0 15 21 0 Total 118 0 118 42 0 Senior Services Senior Center 199 137 621 25 28 Total 199 137 62 25 28 Sports User Groups La Quinta Park Use AYSO NO LA QUINTA PARK FIELD USAGE DUE TO SUMMER LQ Sports & Youth FIELD REHABILITATION Sports Complex LQ Sports & Youth 500 500 0 19 15 Facility/Park Rentals Senior Center Private Part 300 400 -100 2 3 Church 300 375 -75 4 5 Library Classroom 350 400 -501 7 8 Civic Center Private Pa 0 0 0 0 0 Park Rentals La Quinta Park 180 300 -120 3 5 Fritz Burns Park 0 0 0 0 0 Total 1,630 1,975 -345 35 36 Total Programs 1 4,1761 3,742 434 3021 217 Volunteer Hours Museum 1 1281 0 128 Senior Center 1 1551 260 -105 Total Volunteer Hours 1 2831 2601 23 532 Community Services Program Report for July 2008 2008 2007 2008 2007 Participants I Participants Variance Meetings Meetings Leisure Classes Belly Dancing - Beg. 8 3 5 3 3 Computers - Beg. 3 0 3 1 0 Microsoft Excel 18 0 18 5 0 Ballet/ Jazz 5 0 5 1 0 Zumba 40 0 40 13 0 Adobe Photoshop Pro 6 2 4 5 3 Guitar - Be . 81 12 -4 4 2 Tee Kwon Do 6 4 2 13 13 Beginning Ballet 5 3 2 4 4 Jazzercise 15 12 3 20 18 Dance, Play, & Pretend 6 19 -13 4 4 Totals 120 55F 651 73 47 2008 2007 2008 2007 Participants Participants Variance I Meetings Meetings Special Events San Clemente Excursion 38 45 -7 1 1 Open Air Cinema 225 330 -105 2 2 Golf Tour, Woodhaven 33 36 -3 1 1 Golf Tour,Cimmaron 31 37 -6 1 1 Golf Tour, Desert Willow 47 44 3 1 1 Golf our, SilverRock 45 41 4 1 1 Totals 419 533 114 7 7 2008 2007 2008 2007 Participants Participants Variance I Meetings Meetings Adult Sports & Fitness Open Gym Basketball 251 241 10 19 17 Fitness Center 555 143 412 27 21 Adult Soccer League 0 0 0 0 0 Totals 806 384 422 46 38 2008 2007 2008 2007 Participants Participants Variance Meetings Meetings Museum Lecture by BLM Staff 12 0 12 1 0 Group Tours 15 0 15 1 0 Research Requests 4 0 4 4 0 Totals 31 0 31 6 0 Community Services Totals '1,3761 972F 4041 1321 92 * No Adult Soccer League during the summer to rehab La Quinta Park. 533 Monthly Revenue Report for July 2008 Monthly Revenue - Facility Rentals 2008 2007 Variance Library 225.00 $ 3,872.50 $ 3,647.50 Museum $ - $ - $ Senior Center $ 2,102.50 $ 2,462.50 $ 360.00 Parks $ 210.00 $ 170.00 $ 40.00 Sports Fields $ 15.00 $ 340.00 $ 325.00 Monthly Facility Revenue $ 2,552.60 $ 6,845.00 $ 4,292.50 Monthly Revenue Museum $ 217.50 $ - $ 217.50 Senior Center $ 2,220.50 $ 2,707.50 $ 487.00 Community Services $ 3,955.00 $ 2,209.00 $ 1,746.00 La Quinta Resident Cards $ 915.00 $ 1,080.00 $ 165.00 Fitness Cards $ 740.00 $ 400.00 $ 340.00 Total Revenue $ 8,048.00 $ 6,396.50 $ 1,651.50 RawantIP Year to Date Facility Revenue $ 2,552.50 $ 6,845.00 $ 4,292.50 Museum $ 217.50 $ - $ 217.50 Senior Center $ 2,220.50 $ 2,707.50 $ 487.00 Community Services $ 3,955.00 $ 2,209.00 $ 1,746.00 La Quinta Resident Cards $ 915.00 $ 1,080.00 $ 165.00 Fitness Cards $ 740.00 $ 400.00 $ 340.00 Total Revenue to Date $ 10,600.50 $ 13,241.50 $ 2,641.00 534 Senior Center Attendance Senior Center Program Report for July 2008 Partici ation Partici ation Variance Meetings Meetings 2005 2007 zoos 2007 Senior Activities ACBL Bride 208 100 108 5 2 Bridge, Duplicate/Social/Party 290 301 -11 15 14 Sizzlin' Summer Serenade Evening Dance 32 0 32 1 0 Monthly Birthday Party 25 21 4 1 1 Monthly Luncheon Patriot's 97 65 321 1 1 Movie Time 45 29 16 5 4 Senior Activity Total 697 516 181 28 22 Senior Leisure Classes Arts & Crafts 9 0 9 1 0 Computer Classes 24 25 -1 11 8 Exercise 30 24 6 10 10 On the Ball Training Intermediate 14 0 141 3 0 Quilting 24 15 91 4 4 Sketch & Draw 10 0 10 2 0 Ukulele Players 38 23 15 7 4 Watercolor 7 0 7 2 0 Senior Leisure Classes Total 156 87 69 40 26 TOTAL SENIOR PROGRAMS 853 603 250 68 48 Senior Services CAP Cool Center Program 46 35 18 20 FIND Food Distribution 51 -51 1 Health Screenings (memory nswssment) 11 5 6 1 1 HICAP 20 3 17 5 1 Homeowners/Renters 29 17 12 8 4 Legal Consultation 5 6 -1 1 1 Notary Services 2 0 2 1 0 Seminars - June 3 10 0 10 3 0 FREE Classes On the Ball Tmining:Tai Chi Intro. 53 0 53 7 0 Volunteers 23 20 3 n/a n/a TOTAL SENIOR SERVICES 199 137 62 25 28 SENIOR CENTER TOTAL 1052 740 312 93 76 535 _ 2008 Volunteer Hours 2007 1 Variance _ Senior Center 154s Volunteer Total: 1 154.5 Revenue _ _Senior Center Revenue $2,220.50 Revenue Total: $2,220.50 260 105.5 260 105.5 _ $2,707.50-$487.00 $2,707.50-$487.00 _ Parks Activities Updates For July 2008 Staff met with a representative of the Bureau of Land Management (BLM) regarding trail signs to be installed at the Cove Oasis. The signs will be installed to guide hikers through the City's property as well as BLM and Coachella Valley Water District (CVWD) property. The BLM is supportive of the City's efforts and will work with the City by approving the number and locations of signs on BLM property. City staff also met with representatives of CVWD regarding the installation of signs on CVWD property. Staff has been in contact with the contractor who installed the fence at the Fred Wolff Bear Creek Nature Preserve regarding some of the sections that have separated. A letter was also sent to the contractor advising them of the warrantee as per their contract. The contractor is working on another project in the area and will make the Nature Preserve fence their priority. The tennis nets were replaced at the Fritz Burns Park tennis courts. Two of the nets required custom sizing with a minimum charge for the tailoring. City staff and Desert Sands Unified School District (DSUSD) staff met regarding the Needs Analysis and Rehabilitation Plan for the La Quinta Sports Complex. The Needs Analysis and Rehabilitation Plan was conducted in an effort to assess the Sports Complex for renovation and to better serve DSUSD and youth sports associations. Both agencies are working together to present the plans and estimates to the DSUSD Board and City Council. The dates for the presentations will be known once research and specifications are completed. The parks landscape contractor completed landscape improvements at the Civic Center Campus on the west side of the back parking lot for City Hall. The improvements consisted of removing sod from the curb, installing decomposed granite along the parking lot, and planting desert vegetation with drip irrigation. This project is part of a series of "Green Projects" in which the City is working with CVWD to complete demonstration projects that are more water efficient. 537 �T 04�.4 yaw CF`y OF TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Director DATE: September 16, 2008 SUBJECT: Community Services Department Report for August 2008 Upcoming events of the Community Services Department for October 2008: Oct 1 *Ageless Action Aerobics (Morning Exercise) Oct 1 *Mat Pilates Oct 1 Jazzercise, Senior Center Oct 1 Zumba, Senior Center Oct 1 Tae Kwon Do, La Quinta High School Oct 1 Tap Beginner, La Quinta High School Oct 1 Ballet/Tap Combo, La Quinta High School Oct 1 Adobe Photoshop Professional, Senior Center Oct 2 *E-Mail Oct 2 *Ballroom Dancing Oct 2 *Internet Tour (FREE Class) Oct 2 *Basic Computer Oct 2 Adobe Elements Beginner, Senior Center Oct 3 *Harvest Ball Evening Dance Oct 3 *Chair Yoga (FREE Class) Oct 3 *On the Ball Training Beginner (FREE Class) Oct 3 *On the Ball Training Intermediate Oct 3 *Walk This Way (FREE Class) Oct 3 **First Friday, Museum Oct 6 *Conversational Spanish 1 Oct 6 Ballet/Jazz Combo, La Quinta High School Oct 6 Ballet Beginner, La Quinta High School Oct 7 *Dog Training Oct 7 *Beginning Ukulele Oct 7 *Bridge Introduction (FREE Class) Oct 7 *Basic Internet Oct 7 *Digital Photo Oct 7 *Yoga for Health 538 Oct 7 *DIY w/Good Design (FREE Class) Oct 8 *Review the Basics Bridge Class Oct 8 *Conventions Bridge Class Oct 8 **Story Time, Museum Oct 9 *Word Processing Oct 9 *Simple Spreadsheets Oct 9 *Afternoon Tea Luncheon Oct 9 Dance/Play/Pretend, La Quinta High School Oct 9 Ballet Beginner, La Quinta High School Oct 10 *Beginning Bridge Class Part 1 Oct 10 *Native American Cultural Experience Oct 13 Savor A Taste Dining Tour, Arnold Palmer's Oct 14 *New Laptop Users Vista Program Oct 14 *Maxim Flu Immunizations Oct 14 *Photo Editing 1 Oct 14 Body Sculpting, Senior Center Oct 14 **Hidden Historic Sites CV Bus Tour, Museum Oct 15 Dispute Resolution Workshop, Senior Center Oct 16 *Halloween Luncheon Oct 17 *Native American Cultural Experience Oct 18 Nature Walks, Bear Creek Trail Oct 18 Oktoberfest Big Bear Lake Excursion Oct 20 Ballroom Dancing, Senior Center Oct 21 *Basic Computer Oct 21 *Photo Editing 2 Oct 21 Intermediate Belly Dance, La Quinta High School Oct 23 *Annual Health Fair Oct 23 Beginning Belly Dance, La Quinta High School Oct 23 *Mature Driver Training Oct 24 *Native American Cultural Experience Oct 25 Dog-o-Ween, Fritz Burns Park Oct 27 Voiceovers, Library Oct 28 Savor A Taste Dining Tour, Amore Ristorante Italiano Oct 28 *Basic Internet Oct 28 *E-Mail Oct 29 *Issue of the Day Public Policy Oct 29 The Nature Depot Spooktacular, Museum Oct 31 Halloween Carnival, B&G Club Oct 31 *Native American Cultural Experience *Senior Center class or activity **Museum class or activity 539 Community Services Department Attendance Report for the Month of August 2008 Summary Sheet Program 2008 2007 Variance Sessions Per Month 2008 2007 Leisure Classes 64 23 41 35 15 Special Events 1072 1222 -150 9 10 Adult Sports/ Fitness 624 363 380 42 40 Museum 16 0 16 4 0 Senior Center 597 0 597 123 0 Total 2,373 1,608 884 213 65 Museum Services Visitors - Adults 98 0 98 23 0 Visitors - Youth 36 0 36 23 0 Total 134 0 134 46 0 Senior Services Senior Center' 148 0 148 15 0 Total 148 0 148 15 0 Sports User Groups La Quinta Park Use AYSO 150 150 0 6 4 So Cal Xtreme 15 0 15 3 0 Sports Complex LQ Sports & Youth 601 100 -40 16 8 Facility/Park Rentals Senior Center Private Part 0 200 -2001 0 1 Church 375 75 300 5 1 Library Classroom " 150 500 -350 3 10 Civic Center Private Pa 0 50 -50 0 1 Park Rentals La Quinta Park 200 50 150 4 1 Fritz Burns Park 0 0 01 0 0 Total 950 1,125 -175 37 26 Total Programs 3,605 2,733 9911 311 91 Volunteer Hours Museum1 1631 01 163 Senior Center 1 1161 01 116 Total Volunteer Hours 1 2791 01 279 " Senior Center was closed during month of August in 2007 for interior renovation. City departments were utilizing Library Classroom for meetings last year due to City Hall renovations. 540 Community Services Program Report for August 2008 2008 2007 2008 2007 Participants I Participants Variance Meetings Meetings Leisure Classes Microsoft Excel 9 0 9 2 0 Photoshop Pro 3 3 0 2 1 Zumba 28 20 8 6 14 Tae Kwon Do 6 0 6 13 0 Jazzeroise 18 11 7 12 12 Totals 64 34 30 35 27 2008 2007 2008 2007 Participants Participants Variance I Meetings Meetings Special Events Open Air Cinema ' 380 575 -195 2 2 National Night Out 450 200 250 1 1 Golf Tour, Shadow Ride 40 37 3 1 1 Golf Tour, Terra Lao 39 35 4 1 1 Golf Tour, Sun City - Santa Rosa 36 37 -1 1 1 Golf Tour, Desert Willow 38 44 -6 1 1 Golf Tour, Trilogy 44 50 -6 1 1 Golf Tour Awards Banquet 45 35 10 1 1 Totals 1 10721 1 9 9 2008 2007 2008 2007 Participants Participants Variance Meetings Meetings Adult Sports & Fitness Open Gym Basketball 123 145 -22 16 18 Fitness Center 501 218 283 26 22 Totals 624 3631 2611 42 40 2nna 2007 2008 2007 Participants Participants Variance I Meetings Meetings Museum Group Tours 14 0 14 2 0 Research Requests 2 0 2 2 0 Totals 16 0 16 4 0 Community Services Totals 1,776 1,410 366 90 76 Open Air Cinema attendance decreased compared to 2007 due to musch higher humidity this year. Staff will consider moving Open Air Cinemas to the Spring season in 2009. 541 Monthly Revenue Report for August 2008 Mnnthly Revenue _ Facility Rentals 2008 2007 Variance Libra $ $ 4,845.00 $ 4,845.00 Museum $ $ - $ - Senior Center $ 1,237.50 $ 1,965.00 $ 727.50 Parks $ 200.00 $ 360.00 $ 160.00 Sports Fields $ 55.50 $ 297.00 $ 241.50 Monthly Facility Revenue $ 1,493.00 $ 7,467.00 $ 5,974.00 Mnnthly Revenue ----------- Museum $ 106.00 $ - $ 106.00 Senior Center $ 714.00 $ 1,737.00 $ 1,023.00 Community Services $ 7,867.00 $ 6,634.50 $ 1,232.50 La Quinta Resident Cards $ 735.00 $ 1,290.00 $ 555.00 Fitness Cards $ 840.00 $ 495.00 $ 345.00 Total Revenue $ 10,262.00 $ 10,156.50 $ 105.50 Revenue Year to Date Facility Revenue $ 4,045.50 $ 14,312.00 $ 10,266.50 Museum $ 323.50 $ - $ 323.50 Senior Center $ 2,934.50 $ 4,444.50 $ 1,510.00 Community Services $ 11,822.00 $ 8,843.50 $ 2,978.50 La Quinta Resident Cards $ 1,650.00 $ 2,370.00 $ 720.00 Fitness Cards $ 1,580.00 $ 895.00 $ 685.00 Total Revenue to Date $ 22,355.50 $ 30,865.00 $ 8,509.50 542 Senior Center Attendance Senior Center Program Report for August 2008 Participation Participation Variance Meetings Meetings 2008 2007 2008 2007 Senior Activities ACBL Bride 139 0 139 4 0 Bridge, Social/Party 106 0 106 8 0 Sizzlin' Summer Serenade Evening Dance 33 0 33 1 0 Monthly Birthday Party 35 0 35 1 0 Monthly Luncheon B&G Back to School 150 0 1501 80 0 Movie Time 43 0 43 4 0 Senior Activity Total 506 0 506 98 0 Senior Leisure Classes Arts & Crafts Decorative Bags) 11 0 11 1 0 Exercise FREE for August) 13 0 13 12 0 Quilting 18 0 18 3 0 Ukulele Players 49 0 49 9 0 Senior Leisure Classes Total 91 0 91 25 0 TOTAL SENIOR PROGRAMS 597 0 597 123 0 Senior Services CAP Cool Center Program 25 0 251 9 0 Health Screenings (joint -Posture & Balance) 9 0 9 1 0 HICAP 19 0 19 2 0 Homeowners/Renters 13 0 13 5 0 Legal Consultation 7 0 7 1 0 Notary Services 3 0 3 2 0 Seminars - August 2 30 0 30 2 0 FREE Class on the Ban Training 22 0 22 3 0 Volunteers 20 0 20 n/a n/a TOTAL SENIOR SERVICES 148 0 148 15 0 SENIOR CENTER TOTAL 745 0 7451 138 0 543 2008 2007 - _ Variance Volunteer Hours Senior Center 1161 0 — 116' Volunteer Total: 116' 0 1161 Revenue- -- - — - - --- -- — - Senior Center Revenue $714.00_ $0.00 $714.00 Revenue Total: $714.00 $0.00 $714.00j - Aug-O8 - 2007 numbers are zero due to Senior Center building renovation in August of 2007. I 544 Parks Activities Updates For August 2008 The parks landscape contractor has finished the landscape improvements at the Civic Center Campus on the west side of the back parking lot for City Hall. The improvements consisted of removing sod from the curb, installing decomposed granite along the parking lot, and planting desert vegetation with drip irrigation. This project is part of a series of "Green Projects" in which the City is working with CVWD to complete demonstration projects that are more water efficient. 500 square feet of sod has been installed in the lower soccer field at La Quinta Park. The sod was needed because of the large amount of wear on that field due to heavy use from AYSO and the adult soccer leagues. During the summer, the fields are closed to organized athletics to provide a maintenance period for the turf to recover before the next sports season. Both AYSO and adult soccer will resume their use of the La Quinta Park in September. Three new light poles were installed at La Quinta Park around the playground. The lights are identical to the light poles at the Civic Center Campus and are replacing the light bollards that provided low level lighting of the sidewalk. The new light poles will provide night lighting of the La Quinta Park playground as well as providing a sense of continuity with the lights at the La Quinta Village and Civic Center Campus. The light poles also provide banner locations for La Quinta promotions such as our current promotion "Play, Shop, and Dine." 545 DEPARTMENT REPORT: 6-- La Quinta Public Library Quarterly Report April 2008—June 2008 Circulation The La Quinta Public Library circulated 48,477 items in the Fourth Quarter of 2007-2008. The library circulated 24,792 more items this year over the same period in 2006/2007—an increase of 105 percent. Public Computer Usage During this quarter 7,985 computer sessions were logged on the library's 28 public access computers. Dnnr Cnunt This quarter 30,696 people visited the library to check out materials, read newspapers and magazines, utilize the Internet service, attend programs, and purchase books from the Friends of the Library Book Store. New Borrowers Staff issued 861 new library cards during the quarter; 111 of these cards were "Internet Only" cards. ("Internet Only" library cards are issued to tourist and short- term visitors who use the library's Internet availablity to connect with work, family, or to check travel arrangements.) Programming A Preschool Storytime for children 3'h to 5 years old was held each Tuesday morning. A total of 563 children attended the 12 programs presented during this quarter. A weekly On -the -Lap Storytime Program for parents with babies and toddlers is held prior to the Preschool Storytime. Twelve programs were attended by 564 participants. Our new nighttime story program, Sweet Dreams, began the end of April. The target audience is the working family looking for a literature -based program that fits into their busy schedule. Attendance started low but has continued to grow. Eight programs were presented with 139 participants. The La Quinta Library Book Discussion Club for adults met the first Monday of each month this quarter. The three monthly programs were attended by a total of 43 people. Volunteers The library partnered with La Quinta High School to provide volunteer experience to 15 students in the Advancement Via Individual Determination program (AVID). 5nq La Quinta Public Library Quarterly Report April 2008—June 2008 These students performed a myriad of jobs but most importantly preparing the library for the summer activities. The AVID students were part of a total of 70 volunteers logging 494 hours. Friends of the Library The La Quinta Friends of the Library continue to offer support in all areas. This quarter they purchased incentives for the Summer Reading Program and hosted our "Thursday at Three" program series for families with school age children. Special Annual Events In April the La Quinta Public Library joined libraries across the country to celebrate Dia de los Ninos/Day of the Child —Day of the Book/Dia del Libros. Our first attempt at hosting a major event was very successful with 172 people in attendance. For the first time in several years the library participated in the City's Birthday Party in the Park. The library took advantage of the opportunity to educate the public on library services available both in the building and online. This year's Summer Reading Program with the special bug theme of "Catch the Reading Bug @ the Library" officially began on June 17". The "kick-off program" was very successful with 205 children registering on the first day —a 66% increase over last year. By the end of June, 294 children had signed up to participate in the Summer Reading Program. The first performer in this summer's "Thursday at Three" series drew a record 240 people. Outreach to Schools A new program called Poetry Break began at Adams Elementary School. Using poetry as a vehicle, library staff makes a brief weekly stop in each classroom. The program promotes library services and increases visibility in the community. During June 40 classrooms received library visits. 547 Estimated La Quinta Library Expenditures April 1, 2008 — June 30, 2008 Library Contract Expenditures LSSI Expenditures $ 180,500 Library Materials 72,331 County Expenditures Personnel 3,303 Insurance - Memberships - Miscellaneous Expenses 5,962 Accounting Costs - Travel and Conferences 112 Support Services 149,078 TOTAL EXPENDITURES $411,286 543 Department Report: / a, c OF T TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Directo DATE: August 1, 2008 SUBJECT: Department Report for the Month of July 2008 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of July. 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E a c�>� 0 L U Z U ._ o o f �0 a o� 0 'Y o 'Y as o U rn J J 75 ` =o c m c H o 4D c aa) o m, a aci 0= o o O O UO W (D2iT)(7)U) >NN F-F- 551 M .A Department Report: a, N 5 `&t!t 4 `N OF Ll TO: The Honorable Mayor and Members the City Council FROM: Les Johnson, Planning Direct DATE: September 2, 2008 SUBJECT: Department Report for the Month of August 2008 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of August. 552 PAMonthly Report Folder\2008\AUGUST 2008.doe 1 N H z w 2 Q a w O Z Z z J a F- cr O a w H Z w 2 F- LU O co O O N H Z) (D D Q 0 Z W O H a_ m a) F n u E w w o W U 0m10 (n w N vva-0mmmmv 'o -o -aQ V o 0) a) a) m a) m a) 0 0 o �� m m a) a) Q m m i •Y E Y Y Y Y_ Y �•+ Y Y Y Y_+ Y Y i•+ Y Y_ Y 1•• Y Y Y Y Y Y Y Y Y Y Y Y Y Y_ U U L E E E E E E E E E a E E E E E E E w Z a a a a a a a a a a a a a a a a a z N N N N N N N N N N N N N N N N N N a 0 — OOONOOO OOOLoj�OON p0It Z Q N Z p J co se W F- a) W y p a CO)0. L U NCa) Z0 E + t CD E E co(D E W E EN -o d aE -o y myC y C mCL 0)y +-tD Q E E EE oaVVmcoccNCN E N E (DQQ y m C a N a cc� a. a) (D N U) m > � a aQo E m a N ZLU m o a Cp Q N> mw'o m Lm U">_ ) o aUw•0O c>> c c c o E c o a� C E 1O c c > a UDwc7��aainincnHH>NN Y U(n 553 N } F- F- U Q Z _O U U) 0 U 0 Z_ Z Z J a O 0 0 N f`') D a 0 co O 0 N } J a O 00 O N O Z O H a EE U w O a a a a a a a a a a a a a N N N N N N N d N N N N N cl W` Y Y Y Y Y Y Y Y Y Y Y Y Y W E E E E E E E E E E E E E / O n a a a a a a a a a a a O CLCL CC >>>>>>>>>>>>> Vi f/J y y fq Vl (A y f/1 y y Vl V! d CL N O- O O M- 0 - 0 0 0 0 Q a W F- Z F- D O J O QLL H W Z W y WCL Q U } U) C C Y C Y y Y .y W d (n fA Y aD E w C fn fr J Q W N y n d U)C LL 7 Q lya0 !+ N o OaQQ E E E Q: WLU d y Q > E y U U O Q co G Y a� y O O U Z V Y aEa O 0>a U > 'Y > 'Y U J J a N O w w d w_ N m ." a c o Y Y G7 .E O N C 0 0 CM Y O. y N- 0 0 0 0 UO W (7 U)F- F- JNN F-F- (M 554 DEPARTMENT REPORT: gr Twy44wQulitm MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: September 16, 2008 SUBJECT: Public Works Department Report for July and August 2008 Attached please find the following: 1. Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks. '� A Cimothy R. onas n PublicWor Dir t /City Engineer 54 Q U) N Z Y W J PC = 20 F � Z W 0 Q U) N N J N W O W �3LU V U U J m> 7 W aw w Z W N F U J f O O O O O O O O O O O O O O O O O O N O O N O O O O O O O O O O N H pi O O O O O O O O O O O O O O O O O H W J a 0 00 U= n O O O 00 O O O O O O O O O N W N p' Y U Ow N W p N O O O O O M O O O O O O O O O V z 0 0 0 0 00 O r o 0 0 o O 0 0 o O o t+1 O O O . O O. o O O O O O O O O N >U p Q m o 00 O O O O N O O O �a 0 NO U p � h W W C3 rn 7 0 Z 0 U W 61 > � W Z a. 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(n a ° U m w 1 O j m aEi ?i > �.; c �0 m w N_ 3 �� i s 6) F — n y ay+ y a t° N C a m> T> N F' C m O > C C N 0) a C E m O m += y C d d a) 7 y t° d ft Q m m x o E .m Q aL U m LL m (n E v_m� c ,nm co Ea oyE oo nd OU_ mr pU O C > O— >, O� O C U > O� (D i0 0 O w m O '� o r m Ncc NC7 N� NCL 3 Ny NCD� NF- E Nd(n O C W w 73 C m a7 = O � �O a E — O N U) C t O O �u Q"2 mU� m a U) > a Z y m U E Y Y O O o 3 W U o-r a U p O H U) C C C C E mr NCO ° p p U 0 + 0 O - O N m m C O N O U N � ° c C U O O m E o O N N . Lo N n CL U n E U n N 9 N N E _ N pj _> L E E y 7 H ° U E c( Y C` Q Y p C a)° W CDO "O - m ?i > p a C O m mO m a) -0 m .7 N m N N O pU N N — FD C U 0 1] 0 O Q p m m m m M 0 0 0 0 0 0 m 0 0 M Q 0 0 r d a � n n n 0 0 0 O N N O to N O O LO m n °) O m N N CO J G C 0 3 0 'a 3 m c Ln m ° W U Q cc 3 C j N m° °r J 61 •O y s N C w C 0°C U m U d Q¢ o Y Q E 10 U �, m N no C > m p d E no > m m c� o`° a d > oar C7 N U. d N N d N O OTC - 562 MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: August, 2008 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activity 5 Men 4 Men 2 Men 1 Man Total 1000 Policing/Inspection 34 109 0 8 151 1001 Pot Hole -Repair/Patching 12 13 0 0 25 1002 Crack/Joint-Repair 2 0 0 0 2 1003 Pavement Marking/Legends 149 5 0 2 156 1004 Pavement Marking/Striping 0 0 0 0 0 1005 Curb Painting 0 0 0 0 0 1006 Other Traffic Controls 0 31 0 1 32 1007 Curb & Gutter Repair/Const. 0 0 0 0 0 1008 Other Concrete Repairs/Const. 0 14 0 0 14 1009 Street Sign Install (New) 2 3 0 1 6 1010 Street Sign Repair/Maint 23 7 0 0 30 1011 Debris Removal 10 31 0 1 42 1012 Right of Way Maint. 26 52 66 0 144 1021 CLEAN Catch Basin Inlet/Outlet 13 5 0 0 18 1022 Rondo Channel Outlet/Vault 9 0 0 0 9 1022A Desert Club Outlet/Vault 0 0 0 0 0 1023 S.D./D.W./C.B. Repair/Maint. 0 20 0 5 25 1024 Gutter/Median Sand Removal 3 2 0 0 5 1025 Street Sweeping (Machine) 139 0 0 0 139 1026 Street Sweeping (Hand) 1 2 0 0 3 1027 Sidewalk/Bike Path Cleaning 0 3 0 0 3 1028 Dust Control 4 0 0 0 4 1029 Flood Control 0 2 0 2 4 1031 Parks/Retention Basinslnspection/Clean-L 2 15 60 1 78 1041 Irrig/ Weeding, Shrubs & Tree Trimming 29 621 68 81 167 1051 Landscape/Irrigation Contract Managemen 0 0 52 17 69 1052 Lighting/Electrical Contract Management 0 0 0 15 15 1061 Small Tools Repair/Maint. 0 0 0 0 0 1062 Equipment Repair/Maint. 11 0 0 0 11 1063 Vehicle Repair Maint 32 11 0 0 43 1081 Trash/Litter/Recycable Removal 0 1 0 0 1 1082 Vandalism Repairs 0 0 0 0 0 1083 Graffiti Removal 81 34 8 9 132 1084 Maim Yard Building Maint 8 9 0 0 17 1085 Seminars/Training 16 18 2 18 54 1086 Special Events 0 0 0 0 0 1087 Citizen Complaints/Requests 58 26 0 0 84 1088 Meeting 23 30 8 21 82 1089 Office (Phone, paper work, reports, Misc.) 25 23 8 43 99 SUBTOTAL 7171 5281 28 2721 1521 1664 1091 Over Time 12 15 7 0 34 1094 Jury Duty( 0 0 0 0 0 1095 Sick Leave 48 32 0 0 80 1096 Vacation 24 80 48 8 160 1097 Holiday 0 0 0 0 0 1098 Floating Holiday 16 0 0 0 16 1099 Worker Comp/ Bereavement 0 0 0 0 0 SUBTOTAL 100 127 551 81 290 TOTAL HOURS 812 6551 3271 160 1954 TOTAL MILES 3317 30841 11281 69 7698 563 MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: July, 2008 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activity 5 Men 4 Men 2 Men 1 Man Total 1000 Policing/Inspection 68 105 0 10 183 1001 Pot Hole -Repair/Patching 30 19 0 1 50 1002 Crack/Joint-Repair 0 8 0 0 8 1003 Pavement Marking/Legends 12 0 0 0 12 1004 Pavement Marking/Striping 0 0 0 0 0 1005 Curb Painting 0 0 0 0 0 1006 Other Traffic Controls 0 56 0 1 57 1007 Curb & Gutter Repair/Const. 0 2 0 0 2 1008 Other Concrete Repairs/Const 10 0 0 0 10 1009 Street Sign Install (New) 12 4 0 1 17 1010 Street Sign Repair/Maint 54 40 0 5 99 1011 Debris Removal 18 55 0 1 74 1012 Right of Way Maint. 0 66 37 1 104 1021 CLEAN Catch Basin Inlet/Outlet 39 60 0 0 99 1022 Rondo Channel Outlet/Vault 25 0 0 0 25 1022A Desert Club Outlet/Vault 0 0 0 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 0 25 0 3 28 1024 Gutter/Median Sand Removal 6 1 0 0 7 1025 Street Sweeping (Machine) 175 0 0 0 175 1026 Street Sweeping (Hand) 3 0 0 0 3 1027 Sidewalk/Bike Path Cleaning 3 1 8 0 12 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 2 0 0 2 1031 Parks/Retention Basinslnspection/Clean-L 1 17 76 6 100 1041 Irrig/ Weeding, Shrubs & Tree Trimming 20 101 83 51 118 1051 Landscape/Irrigation Contract Managemen 2 1 85 17 105 1052 Lighting/Electrical Contract Management 2 0 0 10 12 1061 Small Tools Repair/Maint. 8 0 0 0 8 1062 Equipment Repair/Maint. 1 6 0 0 7 1063 Vehicle Repair Maint. 30 6 0 0 36 1081 Trash/Litter/Recycable Removal 0 1 0 0 1 1082 Vandalism Repairs 2 0 0 0 2 1083 Graffiti Removal 151 107 286 1084 Maint. Yard Building Maint 17 15 32 1085 Seminars/Training 36 14 62 1086 Special Events 0 0 0 1087 Citizen Complaints/Requests 99 14 E 129 1088 Meeting 21 46 89 1089 Office (Phone, paper work, reports, Misc.) 21 27 108 SUBTOTAL 866 708 2062 1091 Over Time 26 23 0 0 49 1094 Jury Duty( 0 0 0 0 0 1095 Sick Leave 32 44 16 8 100 1096 Vacation 56 16 0 40 112 1097 Holiday 40 16 16 8 80 1098 Floating Holiday 6 16 0 0 22 1099 Worker Comp/ Bereavement 01 0 24 0 24 SUBTOTAL 160 115 56 561 387 TOTAL HOURS 1026 8231 400 2001 2449 TOTAL MILES 4477 4208 1686 4161 10787 564 Department Report: • LA UI TA P@LICE Served by the Riverside County Sheriffs Deparonent Police Department Monthly Report July -- 2008 Prepared for ® La Quinta Police Department SIGNIFICANT ACTIVITY REPORT Captain Rodney Vigue Chief of Police (Number in parenthesis denotes number of calls for service that day.) 07/01 Tuesday (89) No Significant Activity 07/02 Wednesday (81) 2355 hours — La Quinta SET Deputy Glasper conducted a traffic stop on Fred Waring Dr. / Jefferson St. and arrested Ricardo Franco for misdemeanor narcotic warrants. Franco was booked into the Indio jail. 07/03 Thursday (871 0107 hours — La Quinta SET Deputy Hughes conducted a vehicle stop at Ave. Montezuma / Ave. Velasco. The driver, Martin Flores, was arrested for a domestic violence warrant and a new charge of possession of drug paraphernalia. Flores was booked into the Indio jail. 1446 hours — La Quinta SET Deputy Burgie responded to Target to investigate a report of embezzlement. Deputy Burgie arrested Luiz Espinoza for embezzlement and recovered an Ipod and numerous DVD movies during this investigation. Espinoza was booked into the Indio jail. ® 1950 hours — La Quinta SET deputies served a property related search warrant in the 45800 block of Tierra Del Oro, Palm Desert. The warrant service was related to an ongoing investigation involving Benoit Roger Laage, a former employee of La Quinta Bakery. Laage is suspected of discharging a firearm into the ceiling of the bakery after being fired from his job. A search of the residence failed to locate the weapon. It is believed Laage is staying with friends in Las Vegas. A felony warrant has been issued for Laage's arrest. 07/04 Friday (91) 1333 hours: La Quinta Deputies responded to the Marshal's clothing store to investigate a report of a commercial burglary. Loss Prevention personnel reported that a female adult and a male adult grabbed a large quantity of clothing and left the store without paying for the items. A witness saw both suspects get into a white Lexus and leave the scene. Another witness reported seeing the female pushing the Lexus into a parking lot. The female was last seen walking toward Home Depot. Deputy Illera located and stopped the female. She was identified as Delonda Michelle Abner and she was positively identified as the primary suspect. Abner was in possession of a large bag of clothes identified as being taken from Marshals. During the interview of Abner, conducted by Business District Deputy Burgie, she confessed to three similar style commercial burglaries in La Quinta, Indio and Palm Desert. Abner was booked into the Indio Jail on one count of commercial burglary and one count of conspiracy to commit commercial burglary. 1620 hours — La Quinta SET Sgt. Hoyt stopped a vehicle on Ave. 48 and Monroe St., Indio, after recognizing the driver of the vehicle as Emilio Camaddo. Camaddo was a wanted suspect in a La Quinta home invasion with a $1,000,000.00 wan -ant. Camaddo was arrested without incident. 2100 hours — Deputy Wiggs conducted a vehicle stop at Avenida La Fonda and Avenida Bermudas. ® Rodolpho Estrada was arrested for driving under the influence of alcohol and his passenger, Juan Silva, was arrested for public intoxication. Estrada and Silva became uncooperative and had to be restrained. Both Estrada and Silva were transported to JFK for an "OK to book" prior to being booked at the Indio Jail. ,le ® 07/05 Saturday (75) 0258 hours — Deputy Stillings conducted a vehicle stop at La Quinta Dr. and Auto Center. Thomas Levi was arrested for driving under the influence of alcohol and passengers Humberto Castillo and Bryan Ramirez were arrested for public intoxication. 1304 hours — Deputy Anderson responded to the 46400 block of Dune Palms regarding a physical disturbance. The landlord, Cesar Ceja Sr. arrived at the location with his wife and two teenage children to clean the residence. The tenants, who were supposed to have moved out, began to verbally argue with Ceja. Reina Segura struck the Ceja three to four times in the back. Segura's husband, Moses Olivas, became involved and struck the Ceja two to three times in the face and upper torso with his fist. Ceja's wife, Lorena Torres De Ceja, attempted to break the fight up and was bitten on the thumb. Ceja's sixteen - year -old son was confronted by a suspect, known only as "Jesus", who brandished a small semi -auto handgun. Segura was arrested and booked for assault with a deadly weapon. Olivas was arrested and booked for battery. "Jesus" and an unknown female are still outstanding at this time. 1812 hour — Deputy Barandes responded to a report of domestic violence in the 80100 block of Avenue 52. Deputy Barandes spoke with Amanda Wilson and Michael Cardenas who were living together at the location. Wilson had minor bruising to her forearms and Cardenas was bleeding from scratches to the left side of his neck and left hand. Wilson did not desire prosecution against Cardenas, however, he desired prosecution against Wilson and stated that he was willing to testify against her in court. Wilson was arrested and booked into the Indio Jail for domestic violence. 1915 hours —Deputy Tellez investigated a report of a sexual battery in the 50900 block of Washington St. Oscar Cardenas was arrested after he had inappropriate physical contact with a female customer at the location. Cardenas was booked into the Indio Jail. ® 07/06 Sunday (52) 0550 hours- Deputy Bloomquist responded to a vandalism call at the Soccer Park at Westward Ho and Adams St. Trash had been emptied out of trash cans and placed around the water feature. La Quinta Public Works was notified by dispatch. 2020 hours — Deputy Abrego responded to the 79100 block of Diane regarding a suicidal subject. A sixty year old male had severely cut his arm with a steak knife. The male adult was transported to the hospital for medical attention. He was later transported to Indio Mental Health. 2338 hours — Deputy Barandes responded to the 78400 block of Hwy. 111 regarding a disturbance. Clayton O'Malley was arrested for public intoxication and Dana Lawless was arrested for an active DUI warrant. 07/07 Monday (72) 0108 hours- Deputy Telles responded to the 47700 block of Adams Street in reference to a domestic disturbance. He arrested Stephen Paley for domestic battery. Paley had assaulted his live-in girlfriend causing minor injuries. 1409 hours — Deputy Adams responded to the 79800 block of Williamstone regarding a domestic battery. Nathan Andrew Rice was arrested for domestic battery. 1528 hours — Deputy Amezcua responded to the 50900 block of Washington regarding a suspicious vehicle. Juanita Brady was arrested for three active misdemeanor warrants. is just hours — Deputies Russell and Lopez responded to the 78900 block of Hwy. I I I regarding a theft that just occurred. A sixteen -year -old male out of Coachella was arrested for burglary. 567 ® 2050 hours — Deputy Barandes responded to the 52500 block of Avenida Martinez regarding a disturbance. Kenneth Snyder was arrested for public intoxication. 2336 hours — Corporal Taylor and Deputy Miller conducted a traffic stop at Avenida Martinez and Calle Chihuahua. Yuel Holmes was arrested for driving under the influence of alcohol. 07/08 Tuesday (69) 0240 hours — Deputy Vanderhoof responded to the 53300 block of Avenida Rubio regarding a disturbance Steven Juarez was arrested for an active DUI warrant. 2234 hours — Deputies Myers and Rowley conducted a vehicle stop at Avenue 52 and Avenida Bermudas, Joe Hinojosa was arrested for possession of methamphetamine and an active wan -ant for possession of methamphetamine. 07/09 Wednesdav (80) 1129 hours, Deputies White and Pittenger responded to the 51300 block of Calle Paloma to investigate a report of a cat burglary. The victim stated that someone had entered her residence sometime in the morning and took her purse, keys to her house and car, and credit cards. No one was injured during the crime and Set Team Deputy Hughes is following up on suspect leads. 1917 hours- Deputies Chancellor and Romero contacted Marc Garcia and arrested him for a misdemeanor narcotic wan -ant. Garcia was booked into the Indio jail. ® 07/10 Thursday (117) No Significant Activity 07/11 Fridav (1001 0830 hours —Deputy Heredia contacted Jason Ferreira at Avenue 48 and Madison. DeputyHeredia recognized Ferreira from a recent felony warrant list. Dispatch confirmed Ferreira had active felony warrants for burglary and possession of dangerous drugs. Ferreira was arrested and booked at the Indio jail 1630 hours — Deputy Illem investigated a report of employee embezzlement at the Target department store. Loss Prevention officer's had Miguel Medeiros detained for taking miscellaneous cosmetics and a camera while entrusted to work in each department. The stolen property was recovered. Medeiros was arrested and taken to the Indio Jail for booking. 1840 hours — Deputy Meyers investigated a report of employee embezzlement / burglary at the Wal-Mart department store. Loss Prevention officer's had Lorena Cortez detained. Mrs. Cortez had taken gift cards and used them to purchase merchandise over a one month period. She was arrested and taken to Indio Jail for booking. 2229 hours — Deputy Taylor conducted a vehicle stop and arrested the driver, Jose Carrillo, for possession of drug paraphernalia. Deputy Taylor located a smoking pipe within the vehicle which is commonly used for smoking narcotics. Mr. Carrillo was booked into the Indio Jail. 2325 hours - Deputy Vanderhoof conducted a pedestrian check of Nicholas Marcheese at Calle Montezuma and Calle Mendoza. Marcheese was found to be under the influence of a stimulant and was taken into iscustody and booked into the Indio Jail. 568 ® 07/12 Saturday (85) 1925 hours —Deputy Abrego investigated a report of a burglary at Stater Brother's market. Witnesses told him that two juveniles had entered the store and stolen alcohol. The two juveniles returned to the store a few minutes later proceeded to steal more alcohol. Witnesses stated that the two juveniles entered a vehicle, driven by the mother of one of the suspects, and provided a license plate number for the vehicle. Deputies located the vehicle and all suspects were taken into custody. 2230 Hours — Deputy Fiebig responded to a report of a restraining order violation at the PGA West Golf Course. The reporting party, Brad Barrington, told him that Mark Burk, In violation of an active restraining order, had confronted him while he was on the golf course. He stated that Burk approached him on the golf course, refused to leave him alone and was yelling at him. Burk was taken into custody for violating the restraining order and was booked into the Indio Jail. 07/13 Sunday (42) No Significant Activity 07/14 Mondav (80) No Significant Activity 07/15 Tuesday (108) 2010 hours — La Quinta SET Deputies Glasper and Chancellor responded to the 54300 block of Inverness ® to investigate a report of a suspicious person. Deputies Glasper and Chancellor arrived and found Tony Bujan walking around a residence. Bujan attempted to flee the area but was apprehended and was arrested for possession of methamphetamine, burglary tools, and resisting arrest. La Quints SET suspects Bujan of several burglaries within the PGA area and is currently following up on leads. Bujan was booked into the Indio jail with his bail increased to $250,000.00. 07/16 Wednesdav (89 2301 hours- Deputy Knight arrested William Shaw at Washington and Hwy 111 for a no -bail probation violation warrant out of Alameda County. He was booked into the Indio Jail. 07/17 Thursday 003) 1212 hours- Deputy Vanderhoof arrested Robert Smity for an outstanding warrant for driving under the influence in the 8000 block of Via Valerosa. 1315 hours- La Quinta SET deputies served three property related search warrants related to an ongoing investigation stemming from the arrest of Tony Bujan for possession of stolen property and illegal narcotics on Tuesday July 15' 2008, at PGA West. La Quinta SET deputies recovered several pieces of suspected stolen property from approximately six residential burglaries within PGA West. Bujan, who is currently in custody on $250,000.00 bail, will have additional charges filed against him. 1507 hours- Deputies responded to a traffic collision at 52nd Avenue, east of Jefferson St. Deputies located a white Honda SUV overturned. The driver, and sole occupant of the Honda, suffered serious injuries and was transported via ambulance to a local hospital. The La Quinta Police Department Traffic Team responded to the location and is investigating the collision. The driver, Mary Beranger, was later found to ® be intoxicated 569 ® 07/18 Friday (90) 1915 hours — Deputy Anderson conducted a traffic stop at Avenue 50 and Washington. The driver, Estevan Martin Flores, was found to have an outstanding misdemeanor warrant for violation of a restraining order. Flores was arrested and booked at the jail. 2328 hours — Sergeant Devinny conducted a traffic stop for a red light violation at Classic and Heritage. The driver, Arthur Clark Terrill, IV, was arrested and booked for driving while under the influence of alcohol. 07/19 Saturday (65) 0015 hours — Corporal Perez conducted a vehicle stop at Madison and Avenue 58. As he made contact with the passenger, Karen Arellano, she inadvertently exposed a bindle of methamphetamine when pulling out her identification. Arellano was also in possession of drug paraphernalia. Arellano was arrested and booked into Indio jail. 2238 hours- Deputy McAnallen responded to the 50900 block of Calle Obispo in reference to a report of a male subject knocking on doors It was further reported that the subject was also bleeding from a wound on the face. Roberto Cervantez was located in the area and was found to be intoxicated. It was learned that the injury to his face was the result of a fall. Cervantez was arrested and booked at the Indio jail. 07/20 Sunday (49) 1140 hours- Deputies Myers and Martin conducted a vehicle stop at Avenue 52 x Jefferson. Arrested for ® possession of marijuana was Mauro Bustamante. 2025 hours - Deputy Amezcua responded to the Target department store in reference to a theft that had just occurred. Store security stated that two males entered the store went directly to the electronics section. The two then picked out five DVD movies, utilized a razor to cut the packages open, removed the DVD's and concealed them on their person. Both individuals then walked out of the store without making any attempt to pay for them. Responding d detained and arrested David Modesto and Jessie Palacio. Both were booked at the Indio Jail. 2140 hours- Deputy McAnallen conducted a traffic stop at Desert Club Dr. and Tampico. The driver, Juan Perez, was arrested for driving without a license. Subsequent to the arrest, Perez was also found in possession of methamphetamine and drug paraphernalia. Perez was taken to Indio Jail where he was booked. 07/21 Monday (102) 1052 hours — Deputies Frederick and Lopez conducted a vehicle stop at Washington and Tampico. Carlos Manuel Montiel was found to have a stolen transmission installed in his vehicle. Montiel was arrested for possession of stolen property. 1258 hours — Deputy Russell contacted Jonathan Telio at Fred Waring and Adams in Bermuda Dunes. Telio was found to under the influence of methamphetamine and was arrested for being under the influence. 1333 hours — Deputies Covington and Romero conducted a vehicle stop on Fred Waring Drive, near Washington Street. The driver, Pedro Santiago, was determined to be driving under the influence of ® alcohol and arrested. Santiago was booked into the Indio Jail. 570 ® 1347 hours — Two vehicles collided inside the intersection of Highway 1 I 1 and Washington Street. The collision force caused an involved Toyota truck to rotate through the intersection and sideswipe the driver's side of a Sheriff's patrol vehicle occupied by Deputies Wiggs and Knudson. The patrol vehicle was waiting with stopped traffic in the left turn lane of westbound Highway 111. No one was injured during the collision. 07/22 Tuesdav (94 1159 hours -Deputies Lopez and Sanchez responded to the 41900 block of Fronthall regarding a report of spousal abuse. Lea Kenders reported that Nick Grotsky, had pushed her into a door while she was at his residence in La Quints, causing minor injuries. Grotsky was arrested and booked at the Indio Jail. 07/23 Wednesday (98) 0740 hours- Cpl. Cordeiro conducted a vehicle stop at Eisenhower Dr. and Washington St. Raul Villareal was arrested for possession of marijuana. Villareal was released at the scene. 2000 hours- La Quinta SET Deputy Glasper conducted a traffic stop at Calle Tampico and Avenida Bermudas and arrested Larry Wilson for an out of county court order violation. Wilson was booked into the Indio jail. 2245 hours — La Quinta SET Deputy Glasper conducted a traffic stop at Eisenhower Dr. and Calle Monterey and arrested the driver, Tyler McClure, for a misdemeanor resisting arrest warrant. McClure is currently on parole but was not out of compliance. McClure was booked into the Indio jail. 2245 hours, Deputy Knight responded to an assault at the La Quinta Beer Hunter. Martha Garcia was ® arrested and booked for assault against a woman who was dancing with Garcia's boyfriend. 07/24 Thursday (100) 1030 hours- Cpl. Taylor conducted a vehicle stop at Sonora and Avenida Velasco. Arrested for possession of drug paraphernalia was Estevan Guevarm. 07/25 Friday (79) 0025 hours — Driving under the influence at Jefferson St. and Avenue 54. Corporal Perez conducted a vehicle check and contacted the driver, Pedro Cabrera Sanchez. Sanchez was found unconscious behind the steering wheel with the car still running. Sanchez had a strong odor of an alcoholic beverage on his person and admitted to drinking. Sanchez submitted to the series of pre -demonstrated FST's, which he failed. He was arrested and he chose to take the blood test. A blood sample was taken form Mr. Sanchez and he was booked into the Indio Jail. 1602 hours —Deputy Barandes contacted Eric Velasco in the Target department store. Velasco had been detained by store security officers. Mr. Velasco had entered the store without any means to purchase any items. However, he had walked directly to the hygiene isle and selected several items which he concealed in his pants and fled the store, bypassing all of the registers to pay. Velasco was transported to the Indio Jail and booked. 07/26 Saturday (66) 0132 hours — Deputy Stillings conducted a traffic stop at Eisenhower and Calle Hidalgo. Alfonso Aguirre was arrested and booked for driving under the influence. ® 0134 hours —Deputy Knight responded to the 52400 block of Calle Obregon regarding a report of a home invasion robbery. Three male adults forced their way into the residence. One of the suspects brandished a weapon and made threats that he would harm the victim if he did not cooperate. One of the other suspects 571 ® became nervous and persuaded the other two that they needed to leave the residence. At about 0316 hours, Deputy Illem made a vehicle stop for an illegal U-turn at Avenue 52 and Washington. The driver was identified as a suspect in the earlier home invasion robbery and was positively identified by the victim and was transported to the Indio station. Two suspects remain outstanding. 0333 hours — Cpl. Perez responded to the 52300 block of Avenida Obregon reference a domestic violence. Summer Alexander was arrested for domestic violence against her spouse Joshua Alexander. Michelle La Planta was also arrested for battery against Joshua Alexander. Both were booked into Indio jail. 0448 hours — Deputies Hefington and Bloomquist responded to the 51300 block of Avenida Vallejo regarding a domestic disturbance . Ismael Murillo was arrested and booked for domestic battery against his girlfriend. 1104 hours — Deputy Reinbolz responded to an unattended death in the 46400 block of Washington. The decedent was last seen on Thursday. The reporting party explained that the decedent had a serious heart condition and was taking several medications for his condition. Sgt. Allen arrived at the residence and found no signs of forced entry and no signs trauma. 07/27 Sunday (62) 2200 hours — La Quinta SET Deputies Shawn Hughes and Adonis Glasper conducted a traffic stop at Avenida Martinez and Calle Sonora and arrested Josafath Aparicio for possession of methamphetamine and drug paraphernalia. 07/28 Mondav (11 ® 0015 hours- La Quinta SET arrested Oscar Rodriguez and his juvenile brother for vandalism after Sgt. Hoyt witnessed them tagging a wall in the 46800 block of Jefferson St.. Oscar also had a warrant for his arrest for vandalism. 07/29 Tuesday (93) No Significant Activity 07/30 Wednesday (100) No Significant Activity 07/31 Thursday (122) 1130 hours — Deputies Vanderhoof and Kibbey conducted an attempt warrant service in the 77800 block of Calle Sonora. Sergio Vendejas was arrested for an active felony vandalism warrant. 1853 hours- Deputy Knight responded to the soccer park at Westward Ho and Adams reference a suspect, Joe Feldman, harassing juvenile soccer players. When Deputy Knight confronted Feldman, he became combative and tried to run. The tazer was deployed to gain compliance from Feldman. He was treated both at the scene and at JFK for an `OK to Book" before he was booked into the Indio Jail for harassing and annoying juveniles. 1911 hours — Deputy Stillings responded to the Target store regarding a theft incident. Betsua Cordova Montoya was arrested for commercial burglary. Montoya also had two outstanding felony warrants for theft and drugs. She was booked at the Indio jail. ® TOTAL CALLS FOR SERVICE: 2,658 572 E E Deputy Prezell Burgie CITY OF LA QUINTA Business District Deputy Report July 2008 Su m1aPV of Activity Type of Activity Number Business Management Contacts 10 Investigations 8 Suspects Arrested / Charged 4 SIGNIFICANT ACTIVITY I investigated an embezzlement that occurred at a business on Highway 111. The suspect was identified and located. As a result of the investigation, the suspect was arrested and the property was returned to the business. I responded to a commercial burglary in progress along the Highway 111 corridor. When law enforcement arrived, the suspects had fled the scene in a vehicle, which was located a short distance from the scene. One of the suspects was located, arrested and all of the property was recovered and returned to the business. The second suspect was identified, but has not been located. I authored an arrest warrant for the second suspect and my findings were sent to the . District Attorney's Office. During the month of July, I assisted in the analysis and evaluation of six proposed office sites for the proposed La Quinta Police Department facility to be located on Highway 111. ® During the month of July, I took my annual 10 day family vacation in the cooler climate area of San Diego. 573 CITY OF LA QUINTA Traffic Services Team Report July 2008 Dep. Gaunt Dep. Hefley Dep. Covington Dep. Lushia Cpl. Adams Sgt. Walton SIGNIFICANT ACTIVITY The Monthly Citation Loss provides a comparison over the previous month for citations issued within the city of La Quinta. The report shows 517 citations were issued during July 2008. This represents a 151% increase over the month of June 2008, at 206 citations issued. There have been 2,012 citations issued, year to date. This represents an 40.7% increase over the same period of time in 2007 at 1,430 citations issued. The Monthly Traffic Collision Report provides a comparison over the previous year for collisions that were reported within the City of La Quints. The report shows 21 collisions were reported during the month of July. Currently, the residents of La Quinta are enjoying a 6.06% collision rate reduction this year-to-date, when compared with the same period in 2007. Additionally, there have been 77 arrests for driving under the influence (DUI) within ® the City of La Quints between January and July 2008. Grant monies acquired from the Office of Traffic Safety are being used to increase the detection and arrests of drunk drivers. The city has experienced an 83% increase in drunk drivers since the year 2003. 514 City of La Quinta La Quinta Police Department ® Monthly Citation Activity Log July, 2008 Category This Month Last Month % Change This Year To Date Last Year To Date % Change Excessive Speed Citations 164 12 1266.7% 446 336 32.7% Excessive Speed Violations 164 12 1266.7% 446 336 32.7% Signs and Signals Citations 62 50 24.0% 413 379 9.0% Signs and Signals Violations 62 50 24.0% 414 380 8.9% Unsafe Turning Citations 7 7 0.0% 42 71 40.8% Unsafe Turning Violations 7 7 0.0% 42 71 -40.8% Failure to Yield Citations 2 2 0.0% 15 24 -37.5% Failure to Yield Violations 2 2 0.0% 15 24 -37.5% Child Restraint Citations 5 4 25.0% 26 39 -33.3% Child Restraint Violations 5 5 0.0% 28 45 -37.8% Safety Belt Citations 32 23 39.1 % 217 162 34.0% Safety Belt Violations 32 23 39.1 % 217 162 34.0% UI Cites 2 5 60.0% 58 1 5700.0% I Arrests 6 6 0.0% 69 1 6800.0% Actual DUI 7 7 0.0% 77 2 3750.0% Other Hazardous Citations 12 9 33.3% 106 65 63.1% Other Hazardous Violations 128 73 75.3% 687 465 47.7% Non -Hazardous Citations 169 76 122.4% 525 239 119.7% Non -Hazardous Violations 309 135 128.9% 1172 712 64.6% Total Hazardous Citations 348 130 167.7% 1487 1191 24.9% Total Hazardous Violations 363 144 152.1% 1604 1276 25.7% Pedestrian Citations 0 2 -100.0% 2 6 -66.7% Pedestrian Violations 0 2 -100.0% 2 6 -66.7% Bicycle Citations 0 0 0.0% 0 5 -100.0% Bicycle Violations 0 0 0.0% 0 5 -100.0% Financial Responsibility 70 34 105.9% 371 247 50.2% Radar Cites 95 9 955.6% 345 305 13.1% Parking Cites 1 0 0.0% 4 3 33.3% Total Hazardous Double Stat 385 157 145.2% 1730 1392 24.3% tal Citations 517 206 151.0% 2012 1430 40.7% al Violations 672 279 140.9% 2776 1988 39.6% 5l5 City of La Quints La Quinta Police Department Monthly Traffic Collisions Report July 2008 Current Month New YTD Last YTD % Change —Total T/C - Public Highway 17 214 248 -13.71 % Fatal Collisions 0 1 0 Number Killed 0 1 0 Injury Collisions 1 49 47 4.26% Number Injured 1 70 77 -9.09% Property Damage 16 164 201 -18.41% Type of Collision Hit & Run 3 29 34 -14.71% Private Property 4 34 16 112.50% Bicycle Collisions 0 4 2 100.00% Number Injured - Bicycle Collisions 0 3 1 200.00% Vehicle vs. Pedestrian 0 0 1 -100.00% Alcohol Involved 0 23 18 27.78% 4Reports Taken By Patrol 14 206 172 19.77% SRO 2 3 3 0.00% Traffic 4 32 53 -39.62% DUTY UNKNOWN 1 5 23 -78.26% 0 0 0 0 0 100.00% Target Team 0 0 12 100.00% TOTAL REPORTS 21 248 264 -6.06% Counter Reports % DUI Arrests Investigations Assigned Last YTD This YTD Closed Open Hit and Run Primary Collision Factors Number % Total Unsafe Speed 6 28.57% Traffic Signals and Signs 4 19.05% Other Improper Driving 3 14.29% -A-to u to RAN Violation 3 14.29% Turning 2 9.52% Unsafe Starting or Backing 1 4.76% Other Than Driver 1 4.76% Following Too Closely 1 4.76% 576 0 Deputy Adonis Glasper Deputy Tim White Deputy Jason Chancellor CITY OF LA QUINTA Special Enforcement Team July 2008 SET TEAM Supervising Sgt. Mark Hoyt Summary of Activitv Sgt. Mark Hoyt Deputy David Alexander Deputy Shaun Hughes Type of Activity # of Incidents Type of Activit # of Incidents Programs 3 Weapons Recovered 0 Vehicle Checks/Stops 40 Arrest Warrants Served 10 Pedestrian Checks 34 Search Warrants 4 Follow-ups 57 Parole Searches 14 Citations Issued 8 Arrests/Filings 17 SIGNIFICANT ACTIVITY S.E.T. members served three property related search warrants relating to an ongoing burglary investigation. As a result, stolen property from eighteen residential burglaries was recovered. The suspect was arrested and charged with multiple counts of burglary and possession of stolen property. S.E.T. members conducted a vehicle stop after recognizing the driver as a suspect in a home invasion robbery in the City of La Quinta. The suspect was also wanted for a homicide that had occurred in the City of Coachella. The suspect was arrested for both charges as well as an active warrant for parole violation. ® S.E.T. members conducted a follow-up investigation of a Cat Burglary. Working on leads initially developed by patrol deputies, S.E.T. deputies made contact with the suspect at his residence. During the contact and subsequent search S.E.T. deputies located stolen property from the victimized residence. 577 0 Deputy Kevin Moore La Quinta M.S. Franklin E.S. Truman E.S. Adams E.S. CITY OF LA QUINTA School Resource Officer Report July 2008 Summary of Activity Type of Activi Number of Incidents Reports 5 Arrests 2 Area Check of City Parks 45 Business Checks 9 Skate Park Citations 14 Vehicle Checks 24 Follow-up 8 Pedestrian Checks 53 Y.A.T.. Referral 1 District Attorney Filings 0 Traffic Stops 2 Citations 1 1. Due to the decreased school activity during the summer season, School Resource Officers Speir and Hendry were temporarily reassigned to patrol duties for the month of July. I was assigned to provide police services to all schools conducting summer school programs. In addition, I was assigned to target juvenile issues within the city and to assist patrol officers as needed. I conducted numerous vehicle and foot patrols of city parks. I issued administrative citations to all persons who were found in violation of the helmet and protective equipment ordinance at the two skate parks in the city. I performed eight random foot patrols of the flood channel located near the Bear Creek trailhead after hikers in the area reported seeing juveniles spraying graffiti in the flood Channel. 578 0 CITY OF LA QUINTA Community Service Officer Report July 2008 C.S.O. Monica Santillanes C.S.O. Tina Ayon C.S.O. Bridget Delaney (Traffic Services Officer) C.S.O. Lisa Land Summary of Activitv Type of Activity Number of Incidents Burglary Investigations 6 Grand Theft Reports 5 PettyTheft Reports 5 Vandalism/Malicious Mischief Reports 14 Traffic Collision Response 32 Vehicle Code or Parking Citations 107 Abandoned Vehicles Tagged/WarningTagged/Warning 14 Towed Vehicles 7 Lost or Found Property Reports 0 Stolen Vehicle Report 4 Custodial / Non -Custodial Transport 33 Miscellaneous Calls 112 579 u Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report July 2008 Meet Your Volunteers — Barbara Cayer Barbara has served as a La Quinta Police Department Volunteer for the past year after semi -retiring as a physical therapist at Eisenhower Medical Center. Shortly after completing her volunteer training she began to take care of her newborn granddaughter, thus limiting her time to commit to the volunteer program. Barbara works weekend events, such as the La Quinta Arts Festival, and has assisted with clerical and data entry when available. ® Barbara hopes to be more active in the volunteer program in the near future. Summary of Activity Communi Policing Office Number I Citizens On Patrol Number Monthly Volunteer Hours 146 Community Events 0 Hours YTD 1,080 Business Checks 48 Hours 4/03 to Present 15,260 Traffic Control 1 CPO Monthly Visits 88 Courtesy Notifications 30 CPO YTD Visits 757 Miscellaneous Activity 0 CPO Visits 4/03 to Present 10,826 Neighborhood Patrol 22 Vacation Checks 53 Patrol Hours 46.5 YTD Patrol Hours 504 Hours 7/06 to Present 2,765 The established rate for value received for volunteers in the State of California is calculated at $16.24 per hour. The estimated YTD financial benefit to the La Quinta Police Department and the City of La Quinta totals: $25,724.00*. Cumulative benefit since 2003: $292,726.00 *Reflects a corrected and updated total. 5�n i;- El F Corporal Andy Gerrard CITY OF LA QUINTA Post 503 Explorer Report July 2008 Post 503 Captain Edgardo Galarza Representatives of Post 503 were among the more than 3,000 participants at the 2008 National Law Enforcement Exploring Conference held at Colorado State University in Fort Collins, conference featured competitions providing realistic and practical law enforcement scenarios are typical of a law enforcement career. Specific team events included: Arrest and Search, ib Threat Response, Domestic Crisis Intervention, ShoottDon't Shoot, Hostage Negotiation, llary in Progress, Traffic Collision Investigation, White Collar Crime, Emergency Field First Aid, ie Prevention, Crime Scene Search and Traffic Stops. Individual competitions included: 9 mm A Air Pistol, Close Order Drill, Bicycle Policing and Emergency Vehicle Operations. highlight for Post 503 was the recognition of Explorer Captain Edgardo Galarza as the recipient the Federal Investigators' Service Scholarship. Captain Galarza was recognized for excellence leadership, communication skills, academic achievement and community service. addition to attending seminars and participating in competitions, Post 503 Explorers continued air tradition of public service by serving on the conference show staff. Post 503 members helped the set-up, organization, direction and tear down of the opening show, entertainment night and a closing show. and Department Report: i LA Ul TA P@LICE Served by the Riverside County Sherffs Deparmiern Crime Statistics Summary June -- 2008 Prepared for 530 E PART I: 1 2 3 4 5 6 9 10 11 12 13 TRAFFIC 11 CITY OF LA QUINTA Crime Comparison -- June CRIME June June YTD 2008 YTD 2007 2008 2007 AGGRAVATED ASSAULTS 2 7 29 29 BURGLARY 31 58 262 294 BURGLARY - VEHICLE 15 14 118 96 DOMESTIC VIOLENCE 9 10 87 63 HOMICIDE 0 0 1 1 NARCOTICS VIOLATIONS 21 18 100 143 ROBBERY 4 3 21 16 ROBBERY - CAR JACKING 0 0 0 2 SEX CRIME FELONY 0 3 16 17 SEX CRIME MISDEMEANOR 0 1 4 10 SIMPLE ASSAULTS 11 6 54 46 THEFT 65 70 377 416 VEHICLE THEFT 6 9 62 69 TRAFFIC CITATIONS 193 242 1751 1811 TIC NON -INJURY 23 25 169 203 DUI 8 6 75 82 TIC INJURY 2 5 40 48 TIC FATAL 0 0 1 0 CITY OF LA QUINTA DISPATCH INFORMATION - JUNE 2008- TYPE OF CALL RESPONSE TIME MINUTES NUMBER OF INCIDENTS EMERGENCY 2.5 2 ROUTINE 9.6 1,264 ' Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report. 1 583 Ll 11 E Crime Distribution Table Jun-08 % of Total Jun-07 % of Total 1 AGGRAVATED ASSAULTS 2 1.22% 7 3.52% 2 BURGLARY 31 18.90% 58 29.15% 3 BURGLARY - VEHICLE 15 9.15% 14 7.04% 4 DOMESTIC VIOLENCE 9 5.49% 10 5.03% 5 HOMICIDE 0 0.00% 0 0.00% 6 NARCOTICS VIOLATIONS 21 12.80% 18 9.05% 7 ROBBERY 4 2.44% 3 1.51% 8 ROBBERY - CAR JACKING 0 0.00% 0 0.00% 9 SEX CRIME FELONY 0 0.00% 3 1.51% 10 SEX CRIME MISDEMEANOR 0 0.00% 1 0.50% 11 SIMPLE ASSAULTS 11 6.71% 6 3.02% 12 THEFT 65 39.63% 70 35.18% 13 VEHICLE THEFT 6 3.66% 9 4.52% Total 164 98.78% 199 96.48% CTPY OF LA QUINTA June 2008 Crime Distribution 65 70 60 50 40 31 — 30 21 20 9 6 10 0 — 0 -� -- # -- 0 a an w c w <c <o s o0 0 <z a a oa 0 0 �m �y >� Sn 3 r z mx row m y = >A n mm n Y('7 m nrM M C^�o �� 0 ZO j y� yy [rn� [nn �� Z 5 rn n mn C A O ryy ..3 M I 0 11 Month to Month Crime Comparison - June 80 450 400 350 300 250 200 150 100 50 0 70 Yearto Date Crime Comparison -June s I a ry w < o x < z a a �n g a -� < >� as a > ny >� v a A a 585 0 Month to Month Traffic Ac4uty Comparison - June 300 250 242 200 1 o June 2008 150 ® June 2007 100 50 a 2 8 8 2 5 0 0 0 TRAFFIC T/C NOW DUI T/C INJURY T/C FATAL CITATIONS INJURY Year to Date Traffic Activity Comparison -June 2000 1800 1751 1600 1400 ®YTD zo08 1200 Il YTD 2007 1000 -- 800 - 600 400 169 203 200 0 _- TRAFFIC T/CNON- DUI T/C INJURY T/C FATAL CITATIONS INJURY 11 586 1] r] 11 Month to Month Calls for Service Comparison June 2008 © 08-Jun ® 07-Jun 3000 2500 - 2000 - 1500 - 1000 - 500 - 0 Total Non-Crinvnal Cruninal 531 Year to Date Calls for Service Comparison 16000 14114 13903 14000 12000 10000 8095 8148 ©YTD 2008 8000 m YTD 2007 6019 5755 i 6000 4000 2000 0 Total Non -Criminal Criminal Year to Date Calls for Service Comparison 16000 14114 13903 14000 12000 10000 8095 8148 ©YTD 2008 8000 m YTD 2007 6019 5755 i 6000 4000 2000 0 Total Non -Criminal Criminal Department Report: 9 E LA UI TA P@LICE Served by the Rverside County Sherhfs Department Police Department Monthly Report August -- 2008 • Prepared for 11 538 La Quinta Police Department ® SIGNIFICANT ACTIVITY REPORT Captain Rodney Vigue Chief of Police (Number in parenthesis denotes number of calls for service that day.) 08/01 Friday(126) 1217 hours — Deputies investigated a report of a man attempting to steal metal poles in the 4600 block of Washington St. at a construction site. Officers made contact and arrested two men at the location. Both men confessed to stealing the metal poles. 08/02 Saturday (83) 1430 hours — Deputies responded to a report of an unconscious driver sitting in a vehicle at Highway I I I and Washington St. Deputies located the vehicle, with the engine running, stopped at a red curb next to a fire hydrant. The driver, from Bermuda Dunes, was awakened and arrested for suspicion of driving under the influence of alcohol. 08/03 Sunday (44) 1226 hours — Deputies responded to the 46000 block of Roadrunner to investigate a report of child abuse. Albert and Linda Amat had gotten into a verbal argument as Albert Amat was preparing to leave for work. Linda Amat tried to take the car keys from him. Their 15 year old son stepped in between them in an effort to calm things down. Linda Amat grabbed her son by the hair, pulled him to the ground and began kicking gohim. Deputy Barandes arrived on scene and Linda Amat was taken into custody for child abuse. She was transported to the Indio Jail. 2112 hours -Deputy Adams responded to the 79700 block of Castille Dr. in reference to a family disturbance at the location. Vikki Nabozny had been assaulted by her juvenile son. Nabozny desired prosecution against her son and signed a Private Persons Arrest form. Her son was transported and booked at the Indio Juvenile Hall for Battery. 08/04 Monday (79) 1035 hours: Deputies Trueblood and Oganeku responded to Circuit City) and arrested Jose Monsalve for embezzlement. 2000 hours- SET Team deputies conducted a pedestrian check at the AM/PM Market, located at Washington and Hwy. 111. Becket Marts was arrested for an outstanding misdemeanor warrant for driving under the influence. Marts was transported and booked into the Indio Jail. 09/05 Tuesday(90) 0310 hours- Deputies Ramsey and Pittenger responded to the 53500 block of Avenida Diaz in reference to a suspicious person at the location. Alvaro Briseno was located and arrested for possession of methamphetamine and possession of drug paraphernalia. Alvaro was transported and booked into the Indio jail. 1526 hours — Deputies responded to a report of possible suicide in the 51400 block of Calle Jacumba. Deputies found a 35 year old female inside her vehicle in her closed garage with the vehicle running. ® Paramedics confirmed the death of the female. 589 1630 hours: Business District Deputy Burgie arrested Claudia Aguayo for shoplifting at Wal-Mart, located ® at 79-295 Hwy. 111, La Quinta. 1931 hours- Deputy Anderson responded to the 51000 block of Avenida Vallejo reference a report of a disturbance. Rogelio Damian was arrested for unrelated active warrants. He was transported to the Indio jail where he was booked. 2330 hours- Deputy Anderson conducted a vehicle check on Sagebrush, east of Washington, and found Joe Saenz passed out behind the wheel. Subsequent investigation resulted in Saenz being arrested and booked into the Indio Jail. 09/06 Wednesdav (97 0911 hours — Deputies responded to a report of a possible suicide in the area of Madison St. between Avenue 52 and Avenue 54. Deputies arrived on scene and found a 39 year old male with a self inflicted gunshot wound to the head. CDF personnel arrived on scene and pronounced death. 1547 hours — Deputies Myers and Martin conducted a pedestrian check and contacted Phillip Gonzalez. During this contact, they located a misdemeanor warrant (battery) for his arrest. He was taken into custody and booked into the Indio Jail for this violation. 1552 hours —Deputies responded to a report of a possible suicide in the 43600 block of Galaxy. Deputies arrived and found a 67 year old male with a self inflicted gunshot wound to the head. The male was still breathing and deputies rendered emergency medical aid while waiting for paramedics. AMR personnel transported the male to JFK hospital where he was pronounced dead. 2045 hours — Deputies Hughes and Knudson made a vehicle stop at Calle Colima and Eisenhower. The driver, Glenn Anderson, was arrested and booked on a felony warrant for a felon being in possession of ® ammunition. 2315 hours — Deputies Celaya and Pittenger conducted a pedestrian check at Fritz Burns Park, located at Avenida Bermudas and Avenue 52. Francisco Taboada stated that he was hearing voices telling him to kill his family. He admitted that he had not been taking his medications. Taboada was transported to Oasis Mental Health for a 72-hours evaluation. 08/07 Thursday (129) 2042 hours — Deputies White, Lun, and La Quinta S.E.T. team deputies served a search warrant in the 53- 800 block of Avenida Villa. During the service of the warrant the primary suspect, Richard Sanchez, drove by and a vehicle stop was conducted on Ave. Bermudas. Inside the vehicle, deputies a stolen laptop computer as well as two tablets of valium (Schedule IV). Sanchez confessed to committing residential burglary and stealing the computer. Sanchez was booked into the Indio Jail for burglary and possession of a controlled substance. 08/08 Friday (72) 0341 hours — Deputy James conducted a pedestrian check at Eisenhower and Calle Colima. Jonathan Edward Sledge of Palm Desert was arrested and booked for a felony rape warrant. 1430 hours — SET Team deputy Glasper conducted a bike stop on Avenue 52 cross of Silver Rock and arrested Pablo Cruz Rivera for two felony arrest warrants. 1600 hours — Business District Deputy Burgie responded to the La Quinta Wal-Mart regarding a burglary. Wal-Mart employee Arturo Anaya Jr. had taken items from the store and then attempted to return the items ® for reimbursement. Anaya was arrested and booked for commercial burglary and embezzlement. 590 ® 1632 hours— Deputy Telles responded to a 911 call in the 45100 block of Desert Fox. Deputy Telles and CDF personnel found a 63 years old male deceased in the living room. It was reported that the male had been fighting colon cancer. There were no signs of trauma. 2210 hours- Corporal Espinoza conducted a traffic stop of Felipe Duran at Avenue 54 and Madison for speeding. During his investigation, Corporal Espinoza determined Duran was driving a motor vehicle while intoxicated. Duran was booked into the jail for drunk driving. 08/09 Saturdav (6 0112 hours — Deputy Stillings conducted a vehicle stop for reckless driving at Eisenhower and Calle Nogales. Tyler McClure was arrested for driving under the influence of alcohol. 0800 hours: Cpl. Taylor responded to the 50700 block of Washington Street in reference to annoying phone calls. His investigation led him to the 83100 block of Rue Paray, Vista Santa Rosa where he arrested Penelope Diaz for annoying phone calls and criminal threats. 1100 hours — Deputy Vanderhoof responded to the 52400 block of Avenida Diaz in reference a "Keep the Peace" call. He contacted Juan and Melissa Loustaunau. Melissa told Deputy Vanderhoof that while at the residence she saw a marijuana plant growing in the back yard. Juan was aware of the plant, but stated that he was not the owner of the plant. He was taken into custody and transported to the Indio Jail for the booking process. The marijuana plant was placed into evidence at the Indio Station. 08/10 Sunday (59) 0416 hours: Deputy Anderson conducted a traffic stop at Washington Street and Sage Brush Street and ® arrested Matthew Krause for driving under the influence of alcohol. 2238 hours- Deputy Anderson responded to Avenue 52 and Washington St. in reference to a non -injury traffic collision. Richard Cannon was arrested for driving under the influence and causing a traffic collision. Cannon was transported and booked into the Indio Jail. 08/11 Monday (73) 1830 hours- Deputies from the La Quinta Special Enforcement Team served a search warrant in the 69400 block of Walker Street in Cathedral City related to a burglary case. An arrest warrant had been issued for Juan Carlos Espinoza who was thought to be living at the same location. Espinoza was not located at the residence, however, information was received that provided a telephone number for Espinoza. Working with Brawley P.D, Espinoza was taken into custody without incident. The arrest warrant was for burglary, use of fraudulent identification to obtain money, and passing a fictitious check. 08/12 Tuesday (107) 1330 hours- Deputy Rowley responded to the 50800 block of Calle Quito in reference to a report of a domestic disturbance. He contacted Jamie Madala who told him that her ex -boyfriend, Isaac Hernandez, had beaten her. Hernandez was arrested and booked for domestic violence. 1727 hours- The La Quinta Special Enforcement Team responded to the Target store in reference to a robbery that had just occurred. The victim, a volunteer collecting donations in front of the store, was robbed of her donation deposit box. The suspect fled via a vehicle that was waiting nearby. A witness followed the vehicle to a residence in south La Quinta and was able to obtain a license plate number for the vehicle as well as a description of the suspects in the vehicle. Shortly after the robbery the vehicle's registered owner, Elisa Yanez, contacted the Indio Police Department to report her vehicle as stolen. The ® 909 S.E.T. responded to her residence in the 82200 block of EI Paseo St. in Indio. Speaking to deputies, she admitted driving the vehicle during the robbery and said that her 17 year old nephew was the subject 5^1 who committed the robbery. She said that her sister, Roxanne Yanez Rodriguez, was the other female in ® the vehicle. The donation deposit box and other items of evidence were located at the above residence. Elisa Yanez, 45 years, of Indio, was arrested for armed robbery and conspiracy. She was booked at the Indio Jail. 08/13 Wednesday (95) 1700 hours- SET Team deputies arrested a second member of the suspects responsible for the robbery in front of the Target store on 08/12. Roxanne Yanez Rodriguez was arrested in the 81400 block of Palo Verde in the city of Indio. 2015 hours — Deputies McAnallen and Lim responded to a report of an intoxicated driver. A witness observed the vehicle collide with a stop sign at Eisenhower and Calle Chillon and followed the suspect vehicle as it sped away. Scott Miller was contacted in his driveway in the 53800 block of Avenida Villa. Miller admitted to driving but denied any collision. Miller also told deputies he was home and they could not do anything to him. Miller was attested and booked for Driving under the Influence and Hit and Run. 08/14 Thursday (89) 0900 hours — Deputy Quezada and Corporal Taylor conducted a pedestrian check at Calle Durango and Avenida Vallejo and contacted Jesus Beltran. Beltran was found to have six active misdemeanor warrants for his arrest. The warrants totaled $450,000.00. Beltran was taken into custody and transported to the Indio Jail. 2000 hours- S.E.T Team deputies completed their robbery investigation related to the Target store that had taken place two days prior. Deputies, with the assistance of the Coachella Police Department, served a search wan -ant for Sergio Rodriguez at Calle Empalme and Calle Rojo in the city of Coachella. Rodriguez ® was arrested without incident and booked at the Indio Jail. 2120 hours — Deputy Knight responded to Jefferson and Avenue 52 at the roundabout in reference to a hit and run traffic collision. A witness observed a vehicle collide with a directional sign in the roundabout. The vehicle also hit a tree and sustained three flat tires. The vehicle left the area with three flat tires. Deputies responded to the address of the registered owner in the 60400 block of Desert Shadow Drive where they found a trail of shredded tire rubber leading into the garage. Patricia Ann Kendall admitted to hitting the sign and stated she just wanted to get home. Kendall was subsequently arrested for driving under the influence and hit and run. She was booked at the Indio Jail. 2200 hours — Deputy Stillings was flagged down at Fritz Burns Park in reference to individuals drinking beer. Emma Cardenas was contacted in the park. Cardenas was extremely intoxicated and unable to care for herself. She was arrested and booked at the Indio jail. 08115 Friday (80) 1243 hours — Deputy Tellez conducted a pedestrian check on a female at the La Quinta Community Park on Calle Montezuma. He made contact with Carla Baker and found she had four (4) active misdemeanor warrants for her attest. She was issued a citation for the warrants and released. 2219 hours — As part of the "Avoid the 30" Countywide DUI Enforcement Program, Motor Officer Wiggs and Motor Sergeant Walton responded to a rollover traffic collision with injuries at the intersection of Adams and Miles in the city of La Quinta. An investigation determined that the juvenile driver was driving while under the influence of Marijuana. The juvenile was arrested and booked at Indio Juvenile Hall for felony DUI with drugs. 2248 hours — Deputy James responded to the 51000 block of Avenida Ramirez regarding a domestic ® violence report. Contact was made with the victim as she was leaving her residence. Brett James Docken had struck his wife and locked himself inside the residence, refusing to come out. Deputy Rivera, K-9 592 Officer from the Palm Desert Station, responded to assist. Forced entry was made and Docken was found ® passed out on the floor in a back bedroom. Docken was arrested without resistance. Once inside Deputy James' patrol unit, Docken knocked out the right rear window with his head. Docken was restrained and transported to the jail where he was booked for felony domestic violence and vandalism. 08/16 Saturday (58) 1025 hours: Deputy Abrego responded to the 78700 block of Villetta Drive in reference to a report of a domestic disturbance. Laura Ann Hanlon stated her boyfriend, Scott Wensel had assaulted her and impeded her from leaving the residence. Wensel was arrested for misdemeanor domestic violence and false imprisonment. An emergency protection order was completed. 1700- Deputy Fiebig responded to the 79200 block of Desert Stream and arrested Travis McClain for an active burglary warrant. 08/17 Sunday (62) 0401 hours — Deputy Anderson conducted a vehicle enforcement stop at Highway 111 west of Dune Palms Rosanna Castillo was arrested and booked for driving under the influence of alcohol. 2030 hours- Deputy Illem responded to the 79200 block of Calle Sonrisa in reference to a domestic disturbance at the location. Edward Wyrostek was arrested for domestic violence and booked into the Indio Jail. 2240 hours — Deputy R. Adams was stopped in the parking lot of the Chevron gas station, 79513 Highway 111, searching for some suspicious juveniles. William Eric Johnson backed his vehicle into the marked patrol unit. Johnson's vehicle sustained very minor damage to the left rear bumper and the patrol unit did ® not sustain any damage. O8/18 Monday (96) 0400 hours — Deputy Illera located a vehicle with the hazard lights on at Jefferson Street and Highway 111. While talking to one of the occupants it became clear she was under the influence of a drug. Karen Velasquez was determined to be under the influence of methamphetamines. She was also found to be in possession of 0.2 grams of Methamphetamines. She was arrested and booked. 1330 hours — Cpl. Dale and Deputy Castleberry responded to a mentally disturbed subject in the 78800 block of Birch Crest. Thomas Grainger was determined not to be a danger to himself or others, but did have an active felony warrant for possession of illegal drugs. Grainger was booked at the Indio Jail for the warrant. 08/19 Tuesday (95) 1024 hours — Deputies Castleberry and A. Lopez conducted a vehicle stop at Indio Blvd. and Jefferson. Rosalia Ayon was arrested for an active DUI warrant and driving on a suspended license. 1209 hours- Deputies Meyers and Martin responded to the 54100 block of Avenida Obregon in reference to a man down in front of the location. Felix Ortiz Zamora was arrested for public intoxication and booked into the Indio Jail. 08/20 Wednesday (97) 0900 hours — Deputies Myers and Martin conducted a vehicle stop at Montezuma and Velasco. Gustavo Espinoza was arrested for an active felony warrant for possession of illegal drugs and Saul Fabian Rudd Is possession arrested for being a felon in possession of a firearm, felon in possession of ammunition and felon in possession of an unregistered firearm. Deputy Myers located 366 rounds of 9mm ammunition in the glove 593 compartment of the vehicle. Rudd and Espinoza were transported to the Indio Jail and booked for the listed ® charges. 2243 hours- Deputy Anderson responded to the 77900 block of Calle Sonora in reference to a report of a domestic disturbance. The victim said she had been assaulted by her boyfriend and had received injuries. The suspect, Cuantemoc Zazueta, had fled to the 81400 block of Palmyra in the unincorporated area of Indio. Deputy Anderson located and arrested Zazueta for felony domestic violence. He was booked into the jail. 08/21 Thursday (102) No Significant Activity 08/22 Friday (59) 1400 hours — Deputies White and Knudson conducted a follow up investigation related to a past grand theft. Deputies contacted Saul Fabian Rodd at the Indio Jail and Rodd confessed to committing the burglary and pawning the jewelry. Additional charges were filed against Rodd and he remains in the Indio Jail. 08/23 Saturday (78) 0028 hours- Investigator Diaz began following a vehicle near Fred Waring and Washington for various traffic violations. Inv. Diaz stopped the vehicle in the parking lot of Ralph's at Washington and Avenue of the States. After smelling the odor of marijuana from the vehicle and seeing an open container, Inv. Diaz conducted a probable cause search. Inv. Diaz located two ounces of marijuana, three disks of concentrated cannabis, morphine, oxycontin and valium. Arrested for transportation of sales of the above items was Donald Britton. The passenger in the vehicle, Robert Smith, was arrested for being under the influence of ® a controlled substance. 0151 hours — Motor Officer Covington made an enforcement stop at Washington and Avenue 52. Jesse Coronado was arrested and booked for driving while under the influence of alcohol and for driving without a driver's license. 0410 hours — Deputy Stillings observed a vehicle stopped at Avenida Ramirez and Calle Sinaloa with the motor running. He saw that both the driver and a passenger were passed out inside. The driver, Justin Hernandez, was arrested and booked for driving while under the influence. The juvenile passenger was released to a responsible adult. 1046 hours- Deputies responded to the 52000 block of Avenida Diaz in reference to a disturbance. A fifty year old female who is bi-polar had stopped taking her medication. She had been breaking the windows of her residence and running into the street in front of vehicles passing by. She was transported to JFK hospital for medical treatment and detained for 72 Hour evaluation. 2330 hours — Motor Officer Wiggs responded to a report of a bicyclist colliding with a light pole in the area of Washington and Palm Royale. Rene Bodine was arrested for DUI on a bicycle. She was treated for moderate head injuries. 2340 hours — Cpl. Perez and Deputy Romero arrested and booked Clemente Sanchez Olvera, for driving while impaired and having no license following a traffic stop at Airport and Monroe. O8/24 Sunday (46) 0019 hours — Deputies Anderson and Rodriguez responded to the 44900 block of Vista Dunes regarding a ® disturbance. Robin Robles was arrested and booked for felony domestic violence, child endangerment. 594 0327 hours — Deputies Anderson and Rodriguez conducted a traffic enforcement stop at Washington and ® Sagebrush. Nicole Truesdelle was arrested and booked for driving while under the influence. 1030 hours- Deputy Martinez conducted a probation check of Zachary Torres in the 45200 block of Desert Air. Deputy Martinez located a hypodermic needle and marijuana. Torres was arrested for possession and violation of probation. 08/25 Monday (81) 1310 hours — Deputy Kevin Barandes responded to 79295 Hwy. I I I (Wal-Mart) in the city of La Quinta regarding two suspect being detained for shoplifting. Sem Campos 20 years, of Coachella and Johana Barcenas 19 years, of Coachella were arrested for commercial burglary and booked at the Indio Jail. 1645 hours — Deputy Fiebig responded to Kohl's regarding a shoplifter in custody. Dalila Herrera and three female juveniles were arrested for shoplifting. Herrera was booked at the Indio jail. The juveniles were issued a citation and released to their parents. 08/26 Tuesday (73) 1330 hours — Business District Deputy Burgie responded to Kohl's and arrested Priscilla Pantoja Calderon for grand theft and possession of a fraudulent government ID card. Calderon was booked into the Indio jail. 08/27 Wednesday (103) 0130 hours- Deputy McAnallen conducted a vehicle stop at Avenue 52 and Washington and arrested Margaret Yeomans for driving while under the influence. Yeomans was booked into the jail. ® 08/28 Thursday 013) 1300 hours — La Quinta SET Deputies Glasper and White arrested Kim Perez for being under the influence in the 79900 block of Fred Waring Dr. Deputies also arrested Luis Perez for obstructing the deputies during the arrest of Kim Perez. Both were booked into the Indio jail. 1225 hours — Deputy Feldman conducted a vehicle stop and contacted Kenneth Dean Gamble. Gamble had an active felony (narcotic) warrant for his arrest. He was taken into custody and booked into the Indio Jail. 08/29 Fridav (92 No Significant Activity 08/30 Saturdav (68 0700 hours — Corp. Taylor responded to the 53300 block of Avenida Mendoza reference a suspicious person call and contacted Eric Jason Basquez. While talking to Basquez dispatched advised that he had an active felony narcotics warrant for his arrest. Cpl. Taylor took him into custody and he was booked into the Indio Jail for this violation. 08/31 Sundav (6 1810 hours — Deputies were patrolling in the area of Avenida Ramirez and Calle Colima when they saw a 17 year old juvenile tagging the stop signs. The juvenile had written "DUBZ" and admitted to tagging only in the City of La Quinta. They contacted and arrested the juvenile for vandalism and booked him into the Indio Juvenile Hall. 595 2221 hours- Deputy Frederick conducted a traffic enforcement stop at Desert Club and Calle Estado. is for Jimenez was arrested for driving under the influence. Jimenez also had three misdemeanor warrants for vehicle code violations. One of the warrants was for a prior arrest for DUI. Jimenez was transported and booked into the Indio Jail. 2231 hours- Deputies Adams and Stilling conducted a traffic enforcement stop at Eisenhower and Calle Redondo. Heman Gordillo was arrested for driving under the influence and booked into the Indio Jail. TOTAL CALLS FOR SERVICE: 2,578 • 11 596 11 E Deputy Adonis Glasper Deputy Tim White Deputy Jason Chancellor CITY OF LA QUINTA Special Enforcement Team August 2008 SET TEAM Supervising Sgt. Mark Hoyt Summa of Activity Sgt. Mark Hoyt Deputy David Alexander Deputy Shaun Hughes Type of Activity # of Incidents Type of Activi # of Incidents Programs 5 Wea ons Recovered 0 Vehicle Checks/Stops 46 Arrest Warrants Served 9 Pedestrian Checks 28 Search Warrants 4 Follow-ups 57 Parole Searches 14 Citations Issued 13 Arrests/Filin s 17 SIGNIFICANT ACTIVITY S.E.T. members served a search warrant related to a residential burglary in the La Quinta Cove. The suspect was located and arrested. In addition, stolen property was recovered that was linked to a separate residential burglary reported just a few days earlier. S.E.T. members served a property related search warrant in Cathedral City stemming from a residential burglary in which checks were stolen and fraudulently cashed at a bank in the City of La Quinta. Evidence developed led to a second location in the City of Brawley where the suspect was taken into custody without incident. Aggressive investigative efforts by members of the S.E.T. team led to the arrest of three suspects involved in the assault and robbery of a volunteer collecting charitable donations. S.E.T. members participated in a valley wide warrant sweep in which sixty-six arrest warrant contacts were made and four subjects were arrested. 597 0 CITY OF LA QUINTA Business District Deputy Report August, 2008 Deputy Prezell Burgie zournmaty or Acnvl Type of Activity Number Business Management Contacts 15 Investigations 8 Suspects Arrested / Charged 5 SIGNIFICANT ACTIVITY I investigated a strong arm robbery that occurred in front of a business on Highway 111. Working cooperatively with the La Quinta Special Enforcement Team over the course of three days, all three suspects were located and arrested. I responded to a commercial burglary in progress along the Highway 111 corridor. The suspect attempted to leave the location, but was captured by law enforcement. The stolen property was located and returned to the business. I investigated an embezzlement that occurred at a business. As a result of the investigation, the suspect was located and booked into jail. During the month of August, I assisted in the analysis and evaluation of four proposed office sites for the proposed La Quinta Police Substation on Highway 111. ® In conjunction with the La Quinta Special Enforcement Team and the Indio Sheriff Investigation Bureau conducted an arrest warrant sweep which resulted in several felony arrests. E CITY OF LA QUINTA Traffic Services Team Report August 2008 Dep. Gaunt Dep. Hefley Dep. Covington Dep. Lushia Cpl. Adams Sgt. Walton SIGNIFICANT ACTIVITY The Monthly Citation Loa provides a comparison over the previous month for citations issued within the city of La Quinta. The report shows 472 citations were issued during August 2008. This represents a 10.8% decrease over the month of July 2008, at 529 citations issued. There have been 2,496 citations issued, year to date. This represents an 41.3% increase over the same period of time in 2007 at 1,766 citations issued. The Monthly Traffic Collision Report provides a comparison over the previous year for collisions that were reported within the City of La Quinta. The report shows 19 collisions were reported during the month of August. Currently, the residents of La Quinta are enjoying a 5.86% collision rate reduction this year-to-date, when compared with the same period in 2007. Additionally, there have been 86 arrests for driving under the influence (DUI) within the City of La Quinta between January and August 2008. Grant monies acquired from the Office of Traffic Safety are being used to increase the detection and arrests of drunk drivers. The city has experienced an 83% increase in drunk drivers since the year 2003. A hypothesis can be drawn from the current citation and collision trends within the the City of La Quinta. Simply stated, as citation issuance has increased the collision rate has steadily decreased since January 2007. This decrease is being tracked from the year 2007. 5 3 9 City of La Quinta La Quinta Police Department Monthly Citation Activity Log August, 2008 Category This Month Last Month % Change This Year To Date Last Year To Date % Change Excessive Speed Citations 150 166 -9.6% 598 382 56.5% Excessive Speed Violations 150 166 -9.6% 598 382 56.5% Signs and Signals Citations 51 62 -17.7% 464 439 5.7% Signs and Signals Violations 51 62 -17.7% 465 440 5.7% Unsafe Turning Citations 2 7 -71.4% 44 75 -41.3% Unsafe Turning Violations 2 7 -71.4% 44 75 -41.3% Failure to Yield Citations 2 2 0.0% 17 29 -41.4% Failure to Yield Violations 2 2 0.0% 17 29 -41.4% Child Restraint Citations 7 5 40.0% 33 49 -32.7% Child Restraint Violations 7 5 40.0% 35 56 -37.5% Safety Belt Citations 21 32 -34.4% 238 207 15.0% Safety Beft Violations 21 32 -34.4% 238 208 14.4% UI Cites 7 3 133.3% 66 3 2100.0% 1 Arrests 3 7 -57.1% 73 7 942.9% Actual DUI 8 8 0.0% 86 9 855.6% Other Hazardous Citations 13 12 8.3% 119 90 32.2% Other Hazardous Violations 129 132 -2.3% 820 616 33.1 % Non -Hazardous Citations 154 177 -13.0% 687 331 107.6% Non -Hazardous Violations 296 319 -7.2% 1478 1032 43.2% Total Hazardous Citations 318 352 -9.7% 1809 1435 26.1% Total Hazardous Violations 334 369 -9.5% 1944 1542 26.1% Pedestrian Citations 8 0 0.0% 10 6 66.7% Pedestrian Violations 8 0 0.0% 10 6 66.7% Bicycle Citations 0 0 0.0% 0 5 -100.0% Bicycle Violations 0 0 0.0% 0 5 -100.0% Financial Responsibility 65 71 -8.5% 437 j 353 23.8% Radar Cites 90 95 -5.3% 435 349 24.6% Parking Cites 1 1 0.0% 5 4 25.0% Total Hazardous Double Stat 346 389 -11.1% 2080 1691 23.0% tal Citations 472 529 -10.8% 2496 1766 41.3% I Violations 630 688 -8.4% 3422 2574 32.9% 500 City of La Quinta La Quinta Police Department Monthly Traffic Collisions Report August 2008 Total T/C - Public Highway Fatal Collisions Number Killed Injury Collisions Number Injured Property Damage Type of Collision Hit & Run Private Property Bicycle Collisions Number Injured - Bicycle Collisions Vehicle vs. Pedestrian Alcohol Involved Deports Taken By Patrol Traffic SRO DUTY UNKNOWN Target Team TOTALREPORTS Counter Reports DUI Arrests Investigations Assigned Hit and Run Current Month New YTD Last YTD % Change 17 237 268 -11.57% 0 2 0 0 2 0 3 53 52 1.92% 6 77 83 -7.23% 14 182 216 -15.74% 5 34 38 -10.53% 2 36 22 63.64% 0 4 2 100.00% 0 3 1 200.00% 0 0 1 -100.00% 3 27 20 35.00% 18 232 192 20.83% 1 37 57 -35.09% 0 3 3 0.00% 0 4 24 -83.33% 0 0 14 100.00% 19 273 290 -5.86% Last YTD This YTD Closed Open Primary Collision Factors Number % Total Unsafe Speed 6 31.58% Other Improper Driving 3 15.79% Driving Under Influence 3 15.79% Unsafe Lane Change 2 10.53% Improper Turning 2 10.53% Signals and Signs 1 5.26% �tTraffic her 1 5.26% Auto RAN Violation 1 5.26% .. 6�1 C 11 CITY OF LA QUINTA School Resource Officer Report August 2008 2008 La Quinta Police Cadet Academy Academy Staff School Resource Officers Dep. Kevin Moore Dep. Thomas Hendry Dep. Rebecca Smith Juvenile Probation Officers Parole Officer Matt Gebel Parole Officer Jeff Richardson District Attorney's Office Deuty District Attorney Kevin Shek Paralegal Hillary Jones Academy Highlights The 3rd Annual La Quinta Police Cadet Academy was conducted August 4th through August 27th on the campus of Summit Continuation High School in North La Quinta. Fifty cadets, ages 11 --14 years, participated in the academy program. Cadets observed demonstrations, took part in "hands on" training and received classroom instruction on a variety of law enforcement related subjects. Cadets were given tours of the Riverside County Courthouse, Riverside County Jail in Indio and the Marine Corps Recruit Training Depot in San Diego. Capt. Rodney Vigue, Chief of Police for the City of La Quinta, spoke to the cadets during the academy graduation ceremony. Graduation certificates and ® plagues were presented in recognition of the efforts of the cadets. Once again, the academy program proved to be very popular with the cadet students and was deemed a great success. 6J2 0 E CITY OF LA QUINTA Community Service Officer Report August 2008 C.S.O. Artesia Diaz C.S.O. Tina Ayon C.S.O. Bridget Delaney (Traffic Services Officer) C.S.O. Lisa Land Summary of Activitv Type of Activity Number of Incidents Burglary Investigations 3 Grand Theft Reports 4 PettyTheft Reports 2 Vandalism/Malicious Mischief Reports 22 Traffic Collision Response 7 Vehicle Code or Parking Citations 131 Abandoned Vehicles TaggedANarning 21 Towed Vehicles 5 Lost or Found Property Reports 3 Stolen Vehicle Report 0 Custodial / Non -Custodial Transport 31 Miscellaneous Calls 42 603 0 Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report August 2008 Meet Your Volunteers -- Bob Ling Bob became involved with the La Quinta Police Departments volunteer program after speaking with one of his friends who "just happened" to be active in the program. Bob is still working as a business consultant and, as a result, his hours of availability are limited. Bob has proven to be extremely valuable as he has adapted his available time to assist with ® activities and events that take place throughout the community. Bob has assisted with local food collection, the La Quinta Arts Festival and, most recently, the La Quinta Police Cadet Academy. Summary of Activitv Community Policing Office Number I Citizens On Patrol Number Monthly Volunteer Hours 141 Community Events 26 Hours YTD 1,221 Business Checks 0 Hours 4/03 to Present 15,401 Traffic Control 0 CPO Monthly Visits 91 Courtesy Notifications 0 CPO YTD Visits 848 Miscellaneous Activity 36 CPO Visits 4/03 to Present 10,917 Neighborhood Patrol 0 Vacation Checks 0 Patrol Hours 1 62 YTD Patrol Hours 566 Hours 7/06 to Present 2,827 The established rate for value received for volunteers in the State of California is calculated at $16.24 per hour. The estimated YTD financial benefit to the La Quinta Police Department and the City of La Quinta totals: $29,020. 604 0 1 LJll CITY OF LA QUINTA Post 503 Explorer Report August2008 Corporal Andy Gerrard members of Explorer Post 503 attended and successfully completed the Riverside County Ts Department 2008 Explorer Academy. A total of sixty-five Explorers from nine Explorer graduated from the five day academy held at the Ben Clark Training Center in Riverside. Designed to provide an overview of law enforcement, the 2008 Explorer Academy addressed topics such as Patrol Procedures, Self Defense, Fire Arms Use, Physical Conditioning (running, push-ups, sit-ups), Drill and Marching, Defensive Tactics, Practical Skill Scenarios and Leadership Development. Expert instructors presented demonstrations reflecting a wide range of law enforcement duties and scenarios that Explorers will face if they pursue a law enforcement career. Explorer Post 503 meetings are held on Wednesday evenings at the Indio Station of the Riverside County Sheriffs Office. (82-695 Dr. Carreon Blvd., Indio, CA 92201) For more information about the Police Explorer program, contact Corporal Andy Gerrard or Deputy Andy Martinez at 760-863-8990. 605 Department Report: 0 LA U I TA P@LICE Served by the Riverside Courny Sherffs Depar nerrt Crime Statistics Summary July -- 2008 L� Prepared for I] 60'6 1] WHEW 6 7 8 10 11 12 13 TRAFFIC CITY OF LA QUINTA Crime CRIME Com arison July -- Jul July YTD 2008 YTD 2007 2008 2007 AGGRAVATED ASSAULTS 3 7 32 36 BURGLARY 53 67 315 361 BURGLARY - VEHICLE 17 25 135 121 DOMESTIC VIOLENCE 10 13 97 76 HOMICIDE 0 0 1 1 NARCOTICS VIOLATIONS 22 27 122 170 ROBBERY 1 3 23 19 ROBBERY - CAR JACKING 0 0 0 2 SEX CRIME FELONY 8 0 24 17 SEX CRIME MISDEMEANOR 5 1 12 14 SIMPLE ASSAULTS 10 5 64 51 THEFT 62 60 435 476 VEHICLE THEFT 14 14 76 83 TRAFFIC CITATIONS 616 333 2425 2144 TIC NON -INJURY 22 33 190 236 DUI 11 18 87 100 TIC INJURY 4 5 44 53 TIC FATAL 0 1 1 1 CITY OF LA QUINTA DISPATCH INFORMATION - JULY 2008' NUMBER OF TYPE OF CALL RESPONSE TIME LMINUTES INCIDENTS EMERGENCY 3.2 2 ROUTINE 9.56 1,280 ' Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report 607 0 11 Crime Distribution Table Jul-08 % of Total Jul-07 % of Total 1 AGGRAVATED ASSAULTS 3 1.46% 7 3.15% 2 BURGLARY 53 25.85% 67 30.18% 3 BURGLARY - VEHICLE 17 8.29% 25 11.26% 4 DOMESTIC VIOLENCE 10 4.88% 13 5.86% 5 HOMICIDE 0 0.00% 0 0.00% 6 NARCOTICS VIOLATIONS 22 10.73% 27 12.16% 7 ROBBERY 1 0.49% 3 1.35% 8 ROBBERY - CAR JACKING 0 0.00% 0 0.00% 9 SEX CRIME FELONY 8 3.90% 0 0.00% 10 SEX CRIME MISDEMEANOR 5 2.44% 1 0.45% 11 SIMPLE ASSAULTS 10 4.88% 5 2.25% 12 THEFT 62 30.24% 60 27.03% 13 VEHICLE THEFT 14 6.83% 14 6.31% Total 205 98.54% 222 96.85% CITY OF LA QUINTA July 2008Crirm Distribution 70 62 60 50 40 30 22 17 20 10 8 ]0 10 0 1 0 0 > >n co c m <v x <c o 0 <z a z 0> o o mx 3 �� > �� m < x ya n sn orb 3 > rn v >3 > Cam, y i�j z� m z'3 m C) x v > a Om • • C Month to Month Crime Comparison - July 80 7 70 6260 60 53 ® July 2008 50 ® July 2007 40 27 30 22 1 20 to 10 8 10 to 1 00 1 00 0 0 Ox 9F CJ SQ nr'Ym n an m rim O!] C� � n r- "a S m m � 500 450 400 350 300 250 200 150 100 50 0 Year to Date Crime Comparison -July 97 -e - C� z x c a o a © YID 2008 01 YID 2007 6A 0 0 Month to Month Traffic Actitity Companson - July 700 616 600 500 400 333 300 ® July 2008 ® July 2007 200 100 22 33 11 18 4 5 0 1 0 TRAFFIC TIC NON -INJURY DUI TIC INJURY TIC FATAL CITATIONS Year to Date Traffic Activity Comparison -July 3000 2500 2425 2144 2000 i YTD 2008 1500 — III YTD 2007 1000 500 19i1 t04 44 53 l 1 0 TRAFFIC TICNON-INJURY DUI TIC INJURY TICFATAL CITATIONS 610 Month to Month Calls for Service Comparison July 2008 © 08-Jul m 07-Jul 3000 2500 278 2000 t? 1376 12821312 1500 t,....- 1000 500 Total Non-Crunmal Crunnnal Year to Date Calls for Service Comparison 18000 16181 16000 14000 — - 12000 10000 ® YTD 2008 8000 m YTD 2007 6721 6000 4000 2000 0 Total Non -Criminal Cruninal 611 Department Report /© City of L a Qu win t a Fire Department Quarterly Report Presented by: Dorian J. Cooley Battalion Chief 61.3 John R. Hawkins Fire Chief Proudly serving the unincorporated areas of Riverside County and the Cities of. Banning Beaumont Calimesa Canyon Lake Coachella 0. Desert Hot Springs Indian Wells Indio Lake Elsinore 44. La Quints, Moreno Valley Palm Desert Perris Rancho Mirage Rubidoux CSD San Jacinto Temecula Board of Supervisors Bob Buster, District 1 John Tavaglione, District 2 Jeff Stone, District 3 Roy Wilson, District 4 Marion Ashley, District 5 RIVERSIDE COUNTY FIRE DEPARTMENT In cooperation ttrith the California Department of Forestr} and Fire Protection 210 West San Jacinto Avenue • Perris, Cafdornia 92570 • (951) 940-6900 • Fax (951) 940-6910 September 8, 2008 Honorable Mayor Adolph and Members of the City Council City of La Quints P.O. Box 1504 La Quinta, CA 92253 Ref: Quarterly Report Attached please find the Fire Department Quarterly Report for the City of La Quinta for April 1, 2008 through June 30, 2008. The report depicts the following highlights: Riverside County Fire Department units responded to the following La Quints Calls: • Medical Aids 502 • False Alarms 90 • Structure Fires 10 • Vegetation Fires 0 • Rescues (accidents, entrapments) 64. • Other Fires (vehicle, refuse, etc.) 10 • Public Service Assists 32 (Non -emergency assistance) • Fire Menace Standby 14 (Fuel spill, gas leak etc.) Medical Aids increased this quarter, yet other calls were down slightly. While this was not statistically significant, "Fire Season' started off with a bang in other areas. In mid June, a large thunderstorm moved through the northern half of the state. Thousands of downstrikes were recorded — and within days hundreds of our Riverside Unit firefighters were deployed to fires from Monterey to Shasta. In their absence, the remaining personnel were put on a "staffing pattern" which in effect cancelled all days off. All firefighters were assigned to be on -duty for 21 days — followed by a 48 hour rest period. Our personnel stepped up to the plate without complaint, ensuring that while the major fires were being fought, our local stations remained covered and service to our residents maintained. Attached are a few photos from my assignment to the Oliver Fire near Mariposa California. Respectfully Submitted, John R. Hawkins County Fire Chief By: i Dorian J. Cooley Battalion Chief 610 La Quinta City Fire Responses :al Responses ❑ False Alarms ❑ Structure Fire ❑Vegetation Fires ❑ Rescues ❑Other Fires ❑ Public Service Assists ❑ Fire Menace Standby April-08 May-08 June-08 Totals Medical Responses 184 150 168 502 False Alarms 32 31 27 90 Structure Fire 2 4 4 10 Vegetation Fires 0 0 0 0 Rescues 24 21 19 64 Other Fires 5 1 1 4 10 Public Service Assists 13 6 13 32 Fire Menace Standby 4 2 1 8 14 TOTALSI 264 1 215 1 243 1 722 614 500 nix M 200 100 0 9/9@008 La Quinta City Fire Responses Quarterly Totals Quarterly Comparisons ❑ 2008 02007 diss �'f,G°f G�9�Of 'Pss°G �sA 0s T� ''.�. o,>s ^0s Ohs 10 <'6 a� es •%, a� ss�s a6y Second Quarter 2008 2007 Medical Responses 502 452 False Alarms 90 86 Structure Fire 10 12 Vegetation Fires 0 3 Rescues 64 68 Other Fires 10 13 Public Service Assists 32 35 Fire Menace Standby 14 33 TOTALS 722 702 615 616 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: September 16, 2008 BUSINESS SESSION: CONSENT CALENDAR: _ ITEM TITLE: Public Hearing on Development Impact STUDY SESSION: Fees PUBLIC HEARING: RECOMMENDATION: Staff requests continuation of this item until the October 7, 2008 City Council Meeting. Respectfully submitted, w Gu-mothy R. J na n, P.E. blic Works Di ctor/City Engineer 6,