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2008 11 04 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 Quinta, California 92253 Regular Meeting TUESDAY, NOVEMBER 4, 2008 3:30 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2008-068 Ordinance No. 462 CALL TO ORDER Roll Call: Council Members: Henderson, Kirk, Osborne, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION — NONE RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. City Council Agenda 1 November 4, 2008 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 1. COACHELLA VALLEY WATER DISTRICT OVERVIEW OF PROPOSED TIERED RATE STRUCTURE. WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM JIM FOOTE, BUREAU OF LAND MANAGEMENT, DATED OCTOBER 24, 2008, REGARDING FUNDING OF A BRONZE PLAQUE AT THE FRED WOLFF BEAR CREEK NATURE PRESERVE. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF OCTOBER 21, 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 REGISTER DATED NOVEMBER 4, 2008. 2. APPROVAL OF SECOND READING OF ORDINANCE NO. 460, APPROVING ZONE CHANGE 2008-137, A CHANGE OF ZONE FOR A .32 ACRE CITY PARCEL FROM PARKS AND RECREATION TO TOURIST COMMERCIAL LOCATED AT THE SOUTHEAST CORNER OF WASHINGTON STREET AND MILES AVENUE. 002 4� City Council Agenda 2 November 4, 2008 3. APPROVAL OF SECOND READING OF ORDINANCE NO. 461, APPROVING ZONE CHANGE 2008-134, A CHANGE OF ZONE FOR AREAS IDENTIFIED AS AREA "A", AREA 'B", AREA "C", AND AREA "D". 4. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 31349, MOUNTAIN VIEW COUNTRY CLUB, TOLL CA V, L.P. 5. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE AND OFFSITE IMPROVEMENTS FOR TRACT MAP 31816, WESTWARD SHADOWS, LA QUINTA NORTH PARTNERS, L.P. 6. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE AND OFFSITE IMPROVEMENTS FOR TRACT MAP 31874-1, CARMELA, TAYLOR WOODROW HOMES, INC. 7. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE AND OFFSITE IMPROVEMENTS FOR TRACT MAP 31874-2, CARMELA, TAYLOR WOODROW HOMES, INC. 8. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 30092, PIAZZA SERENA, K. HOVNANIAN FORECASE HOMES, INC. 9. APPROVAL OF A REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING PLAN CHECK SERVICES. 10. APPROVAL OF A REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING MAP CHECK SERVICES. 11. APPROVAL OF A REQUEST FOR PROPOSALS TO OBTAIN PROFESSIONAL TRAFFIC ENGINEERING/TRANSPORTATION PLANNING SERVICES FOR THE DEVELOPMENT OF TRANSPORTATION SYSTEM MANAGEMENT (TSM)/TRANSPORTATION DEMAND MANAGEMENT (TDM) SOLUTIONS FOR THE WASHINGTON STREET AND HIGHWAY 111 COMMERCIAL CORRIDORS. BUSINESS SESSION 1. CONSIDERATION OF 2No QUARTER COMMUNITY SERVICES GRANTS AND FUNDING REQUESTS. A. MINUTE ORDER ACTION 003 City Council Agenda 3 November 4, 2008 2. CONSIDERATION OF AN ORDINANCE AMENDING TITLE 11, CHAPTER 11.72, OF THE LA QUINTA MUNICIPAL CODE AND DECLARING CERTAIN VECTOR BREEDING CONDITIONS A PUBLIC NUISANCE. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. ON FIRST READING 3. CONSIDERATION OF AGEDA CAMARGO CODE COMPLIANCE CASE. A. MINUTE ORDER ACTION STUDY SESSION - NONE 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. COMMUNITY SERVICES COMMISSION MINUTES DATED SEPTEMBER 8 AND OCTOBER 4, 2008 20. INVESTMENT ADVISORY BOARD MINUTES DATED SEPTEMBER 10, 2008. City Council Agenda 4 November 4, 2008 004 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. QUARTERLY MARKETING REPORT 2. CITY ATTORNEY 3. CITY CLERK - NONE 4. BUILDING & SAFETY DEPARTMENT REPORT - NONE 5. COMMUNITY SERVICES DEPARTMENT REPORT - NONE 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT - NONE 8. PUBLIC WORKS DEPARTMENT REPORT - NONE 9. POLICE DEPARTMENT REPORT - NONE 10. FIRE DEPARTMENT QUARTERLY REPORT — NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS — NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. NO PUBLIC HEARINGS ARE SCHEDULED, THEREFORE, THE CITY COUNCIL WILL ADJOURN AND NOT RECONVENE AT 7:00 P.M. UNLESS THERE ARE ITEMS FROM THE AFTERNOON SESSION THAT HAVE NOT BEEN CONSIDERED. 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 - NONE City Council Agenda 5 November 4, 2008 C Q 5 ADJOURNMENT The next regular meeting of the City Council will be held on November 18, 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 Quints, CA 92253. DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quints, do hereby declare that the foregoing agenda for the La Quints City Council meeting of November 4, 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 October 31, 2008. DATED:/October 31, 2008 Clerk City of La Quints, California Public Notices The La Quints City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, 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 Calls Tampico, La Quints, California, 92253, during normal business hours. City Council Agenda 6 November 41 2008 006 06 WRITTEN CORRESPONDENCE ITEM: / I, fORE5T SERyICt U S 99iMENT OFAGBI01t=� Santa Rosa and San Jacinto Mountains National Monument United States Department of the Interior, Bureau of Land Management ce: j ► �, a� United States Department of Agriculture, Forest Service c/o Bureau of Land Management �•t/{�,(� Palm Springs -South Coast Field Office 690 West Carnet Avenue P O. Box 581260 /� L North Palm Spnngs, CA 92258-1260 (760) 251-4800 Fax (760) 2514899 1ii��44 October 24, 2008 In Reply Refer To: 8326/1783 (CA660.41) City Council City of La Quinta P.O. Box 1504 La Quinta, California 92247 Dear City Council Members: Through this letter I respectfully request the City to consider partially funding the installation of a bronze plaque on City property at the Fred Wolff Bear Creek Nature Preserve. The plaque — which highlights the Santa Rosa and San Jacinto Mountains National Monument, located just west of the Nature Preserve across the flood control channel —would be sited along the Fred Wolff Bear Creek Trail and be of the same construction as the existing plaque that acknowledges Mr. Wolff s contributions to the City. Installation of this plaque is consistent with the Preserve's Master Plan, specifically as pertains to implementation of the communication recommendation to "develop signs to help visitors experience the Nature Preserve." The mountains lying west of the Preserve, which occur within the National Monument, form a dramatic backdrop providing context to the site, thereby enhancing visitor experiences. This funding request is for $2,500.00 to cover costs of constructing the base on which the bronze plaque would sit. It is anticipated that construction would be accomplished by Mr. Ed Strzelczyk, the same individual who constructed the base for the Fred Wolff plaque. If approved, City funds should be forwarded to Friends of the Desert Mountains —the primary nonprofit support organization for the National Monument —who will facilitate installation of the plaque. Funding for the bronze plaque itself (plus installation), estimated to be almost $2,800, will be provided by Mr. Robert Kraft. His interest in this project came about upon seeing a vandalized (spray painted) National Monument sign that was installed along the Fred Wolff Bear Creek ,�TA rpr C07 Trail. I have worked with Mr. Kraft to develop text for the plaque that would be acceptable to both me and him. I have enclosed the proposed text, which includes a quote by Edward Abbey that Mr. Kraft wished to be included on the plaque. Although the enclosure shows the National Monument logo in color, it will appear only in bronze as will the text. I have also enclosed a photo of the existing Fred Wolff plaque to show you how the completed project would appear. This project is a prototype for a fundraising effort to benefit Friends of the Desert Mountains and the National Monument. The goal is for the supporter to fully fund the project, as well as make a substantial donation to the Friends. In turn, the supporter is recognized on the plaque and has an opportunity to choose a favorite quote to be included in the text. The City's contribution to the project in the Fred Wolff Bear Creek Nature Preserve will help launch what we hope to be a successful fundraising effort. Thank you for your consideration. If you have questions, please do not hesitate to contact me. Sincerely, Jim Foote Monument Manager (760)251-4836 Enc. (1) Proposed text for plaque (2) Photo, Fred Wolff plaque cc: Edie Hylton, Community Services Director, City of La Quinta Judy Hardman, Chief Operating Officer, Friends of the Desert Mountains 008 SANTA ROSA & SAN JACINTO MOUNTAINS NATIONAL MONUMENT To venture from the urban edge of La Quinta Cove into the surrounding Santa Rosa Mountains is to leave civilization behind. Here in the National Monument, stately ocotillos burst with green leaves a few days after a rain. Barrel cacti cling to the rugged slopes. Immediately you find yourself in the habitat of the majestic bighorn sheep. The Santa Rosas are home to an extraordinary diversity of plants and animals, and offer abundant opportunities for exploration. Rest assured the landscape you see from here is being protected as part of your National Monument. "Wilderness is not a luxury but a necessity of the human spirit." - Edward Abbey A Gift of the Kraft Family r 0 9 7-7 COUNCIL/RDA MEETING DATE: November 4, 2008 ITEM TITLE: Demand Register Dated November 4, 2008 RECOMMENDATION: Approve Demand Register Dated November 4, 2008 BACKGROUND: Prepaid Warrants: 80149) 80150 - 80185) 80186 - 80203) Voids} Wire Transfers} P/R 35490 - 35501 } P/R Tax Transfers} Payable Warrants: 80204 - 80329) FISCAL IMPLICATIONS: Demand of Cash - City Demand of Cash -RDA John M. Falconer, Finance Director 1,093.49 1,278,335.10 114,253.18 (29,545.18) 470,1 16.48 224,297.28 63,349.85 2,152,170.75 $4,274,070.95 $3,802,101.81 $471,969.14 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING O11 CITY OF LA QUINTA BANK TRANSACTIONS 10/15/08 - 10/28/08 10/17/08 WIRE TRANSFER - PERS 10/17/08 WIRE TRANSFER - ICMA 10/20/08 WIRE TRANSFER - WATERCOLORS' 10/21/08 WIRE TRANSFER - WATERCOLORS' 10/24/08 WIRE TRANSFER - LANDMARK $59,837 48 $10,751 44 $103,000.00 $65,000.00 $231,527.56 TOTAL WIRE TRANSFER OUT $470,116A8 oM I I O P Ill O O O o O P I UQ I W W o I� v W o O Ill O O I W f � O O N ICI O N O O M O O I O I M M b m M b O O v Ill WNW r Uf O O .y 1� O . 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I W I W >W I 1 � I z Z � I W Z I Wz I w O O I M I OS I m Q I N H q .w� >k r I � a1 y yq1 H W J I 2 U W O LL > N Z >k 0 1 1' r Y Z Q +� m �= W I H F I zQl W O I Z I Y Q a Y O I UZI w x I U I M I f Z ,Z UI U a Q� H I M 21 M K I O I r LL I rl H I = I J I O I P Q I v I p Y d 1 Y I LLZH I 2 •p Q I QK I Q o f 1 HmU I m \ Z I d N I N r 0 1 d O I UI \�01 c K o M d Q rl L Q .0 tL QJ J I q N WELL I O J d'QO I H J Q K W a WY Iq 3 ww"IZ D.I O a1u I LL I O z 0 q x a J O q Q r v 0 o x � P P P P P v v v v v M M M M M P P P P P O O O O O H H rl rl rl J J q m Q a a o 0 o r r H H 0 0 o z z \ a a F .+ Z N N O O 2 2 Ir U f H N Q K K m O O P LL LL e O O N o Z q � Z LL LL m N O H J O 2 J N f Q � 2 x H O O O LL LL H Y P Q > > v m q q ..I O O J J m fD Q Q � � f a o 0 LL H F o N J J Ifl W 3 v .1 0 0 O rl C90 oq o 4 yaw _ s ►' S cF`y oe tKE�� COUNCIL/RDA MEETING DATE: November 4, 2008 ITEM TITLE: Approval of Second Reading of Ordinance No. 460 Approving Zone Change 2008-137, a Change Of Zone for a .32 Acre City Parcel from Parks and Recreation to Tourist Commercial, Located at the Southeast Corner of Washington Street and Miles Avenue RECOMMENDATION: Adopt Ordinance No. 460 on second reading. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: I-allI'III.[41t! D1:\:I Q1rP On October 21, 2008, the City Council moved to take up Ordinance No. 460 by title and number only and waive further reading. The City Council further moved to introduce Ordinance No. 460 on first reading. The motion to introduce Ordinance No. 460 carried by the following vote: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None Cl91 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt Ordinance No. 460 on second reading. 2. Do not adopt Ordinance No. 460 on second reading; or 3. Provide staff with alternative direction. Respectfully submitted, Af Veronica J. ontecino, CMC City Clerk Approved for submission by: Thomas P. Genovese, City Manager 11, 092 ORDINANCE NO.460 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING ZONE CHANGE 2008-137, A CHANGE OF ZONE FOR A .32 ACRE CITY PARCEL FROM PARKS AND RECREATION TO TOURIST COMMERCIAL, LOCATED AT THE SOUTHEAST CORNER OF WASHINGTON STREET AND MILES AVENUE. CASE NO.: ZONE CHANGE 2008-137 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 21s` of October, 2008, hold a duly noticed Public Hearing for a City -initiated request for a change of zoning from Parks and Recreation to Tourist Commercial on a .32 acre City -owned property, located at the southeast corner of Washington Street and Miles Avenue, on property more particularly described as: Lot "I" of Parcel Map 31116 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd of September, 2008, hold a duly noticed Public Hearing to consider the same Change of Zone as identified above and recommended approval to the City Council; and WHEREAS, said Change of Zone has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Zone Change under the provisions of CEQA, and has determined that the project is exempt pursuant to Sections 15312 and 15332 of the CEQA Guidelines; and WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on both September 12, 2008 and again on October 10, 2008, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify approval of said Change of Zone: 093 Ordinance No. 460 Zone Change 2008-137 Centre Pointe Parcel November 4, 2008 Page 2 Finding A - The project is consistent with the General Plan. The proposed Zone Change is consistent with the goals, objectives and policies of the general plan. The change in zoning will not conflict with the General Plan. Finding B - The new designation is compatible and consistent with the Specific Plan. The proposed Zone Change is consistent with the land uses and policies of the Centre Pointe Specific Plan. The change in zoning will facilitate the development of a restaurant as identified in the specific plan. Finding C - Approval of the amendment will not create conditions materially detrimental to the public health, safety and general welfare. Approval of the proposed Zone Change will not create conditions materially detrimental to public health, safety and general welfare in that the proposed change will not result in a substantial change or loss of existing recreational space, will not result in the loss of existing wildlife habitat, nor will it have an effect on the conditions of the existing surrounding neighborhood due to the fact that the small corner property is a .32 acre urban infill parcel that does not contain wildlife habitat or usable or functional recreational space and because the Tourist Commercial zoning designation is compatible with the surrounding area. Therefore, the proposed Zone Change will have no effect on the health, safety, and welfare of the community or surrounding natural environment. Finding D - The new designation is compatible with the zoning on adjacent properties. The new Tourist Commercial zoning is compatible and consistent with existing and surrounding land uses, zoning designations, and the existing specific plan. By designating the property as Tourist Commercial it will have a beneficial effect on the adjoining zoning in that it will be consistent with the existing Tourist Commercial designation of the Centre Pointe commercial development. Finding E - The new zoning designation is suitable and appropriate for the subject property. The small corner property is located at a busy intersection and is adjacent to existing commercial developments containing a hotel and restaurants; therefore the property is appropriate and suitable for a Tourist Commercial zoning designation. 094 Ordinance No. 460 Zone Change 2008-137 Centre Pointe Parcel November 4, 2008 Page 3 Finding F - Approval of the amendment is warranted because the situation and the general conditions of the property have substantially changed since the existing zoning was imposed. Approval of the zoning designation is warranted because the situation and the general conditions of the property have changed since the existing Parks and Recreation designation was imposed. The property will no longer be used for a City entry monument sign and is undevelopable in its current size, situation, and dimensions. As a result, the surplus property would be better suited to merge with the adjacent property, which has a land use designation of Tourist Commercial. Finding G - The project is in conformance with the California Environmental Quality Act. The City has determined that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) because the property is of a size, shape, and inaccessibility that makes it incapable of independent development or use, that the use of the property and adjacent properties have not changed since the time of purchase by the City of La Quinta Redevelopment Agency, and because the urban infill property does not have significant value for recreational use, open space, wildlife habitat, or other environmental purposes. The Change of Zone will enable the sale of this surplus property, and is therefore categorically exempt under Section 15312 of the California Environmental Quality Act. Additionally, any development of the subject .32 acre site facilitated by the proposed change in land use designation would be exempt from the California Environmental Quality Act as "In -Fill Development" per Section 15332, as the subject site is less then five acres and is substantially surrounded by urban uses. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, that it does ordain as follows: SECTION 1. The official Zoning Map for the City of La Quinta is amended for a .32 acre City -owned property located at the southeast corner of Washington Street and Miles Avenue from Parks and Recreation to Tourist Commercial, as noted on Exhibit "A" attached hereto and made part of this Ordinance. SECTION 2. ENVIRONMENTAL. The Planning Department has determined that the Amendments to the Municipal Code are exempt pursuant to Section 15061(B)(3) of the Guidelines for Implementation of the California Environmental Quality Act. The Ordinance will not have a negative effect on the environment in 095 Ordinance No. 460 Zone Change 2008-137 Centre Pointe Parcel November 4. 2008 Page 4 that the urban infill property does not have significant value for recreational use, open space, wildlife habitat, or other environmental purposes. SECTION 3. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 4. PUBLICATION. The City Clerk is directed to publish this Ordinance in the manner and in the time required by law. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 21" day of October, 2008, by the following vote, to wit: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (CITY SEAL) 096 Ordinance No. 460 Zone Change 2008-137 Centre Pointe Parcel November 4, 2008 Page 5 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California C91 1 X 5, r r 1 0 0 N , U M D ccQ- G 0 F- U ob LL C 0 0%.L 0 .N � r 13 E J M c a U a a � U N � O 1..... 098 a (6 L i- C) cu oU CL o :� (6 C c V N " O E J M �U O N Q C O N U O ^^L CL C99 ti M i 00 O 9 Ordinance No. 460 Zone Change 2008-137 Centre Pointe Parcel November 4. 2008 Page 6 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. 460 which was introduced at a regular meeting on the 21" day of October, 2008, and was adopted at a regular meeting held on the 4th day of November, 2008, not being less than five days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution No. 2006-1 15. VERONICA J. 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 J. MONTECINO, CMC, City Clerk City of La Quinta, California 100 04-�SrCF COUNCILIRDA MEETING DATE: November 4, 2008 ITEM TITLE: Approval of Second Reading of Ordinance No. 461, Approving Zone Change 2008-134, a Change of Zone for Areas Identified as Area "A", Area "B", Area "C", and Area "D". RECOMMENDATION: Adopt Ordinance No. 461 on second reading. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: On October 21, 2008, the City Council moved to take up Ordinance No. 461 by title and number only and waive further reading. The City Council further moved to introduce Ordinance No. 461 on first reading. The motion to introduce Ordinance No. 461 carried by the following vote: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None 101 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt Ordinance No. 461 on second reading. 2. Do not adopt Ordinance No. 461 on second reading; or 3. Provide staff with alternative direction. submitted, Veronica J. Mdntecino, CIVIC City Clerk / Approved for submission by: 1112� lxezlf�� Thomas P. Genovese, City Manager 102 ORDINANCE NO. 461 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING ZONE CHANGE 2008-134, A CHANGE OF ZONE FOR AREAS IDENTIFIED AS AREA "A", AREA "B", AREA "C", AND AREA "D". CASE NO.: ZONE CHANGE 2008-134 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 2151 of October, 2008, hold a duly noticed Public Hearing for a City -initiated request for a change of zoning for the following areas: AREA A: A 24.64 ACRE SITE IDENTIFIED AS THE COLONEL MITCHELL PAIGE MIDDLE SCHOOL, MORE PARTICULARLY DESCRIBED AS PARCEL 1 OF PARCEL MAP 30721 AREA B: A 10.33 ACRE SITE IDENTIFIED AS THE HORIZON SCHOOL, MORE PARTICULARLY DESCRIBED AS REMAINDER PARCEL OF PARCEL MAP 27131 AREA C: A 12.74 ACRE SITE IDENTIFIED AS THE BENJAMIN FRANKLIN ELEMENTARY SCHOOL, MORE PARTICULARLY DESCRIBED AS PARCEL 1 OF PARCEL MAP 30721 AREA D: A 2.5± ACRE SITE IDENTIFIED AS THE NORTHERLY PORTION OF THE CITY OF LA QUINTA PUBLIC WORKS YARD AND PARKING LOT, GENERALLY DESCRIBED AS THE EASTERN HALF OF PARCEL MAP 19203 AND AN ADJACENT 9000 SQUARE FOOT CITY -OWNED PARCEL LOCATED IN A PORTION OF THE SW'/4 OF SECTION 6, T6S, R7E, S.B.M WHEREAS, said Change of Zone will change the areas land use designations as follows: AREA A: from Office Commercial (CO) to Major Community Facilities (MC) AREA B: from High -Density Residential (RH) to Major Community Facilities (MC) 103 Ordinance No. 461 Zone Change 2008-134 School Sites and Public Works Yard November 4, 2008 Page 2 AREA C: from Village Commercial (VC) to Major Community Facilities (MC) AREA D: from Parks and Recreation (PR) to Major Community Facilities (MC) WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd of September, 2008, adopt Planning Commission Resolution 2008-028, recommending to the La Quinta City Council approval of Zone Change 2008-134; and, WHEREAS, said Zone Change has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Change of Zoning under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061(b)(3) and Section 15305 of the CEQA Guidelines; and WHEREAS, the Planning Department published a city-wide public hearing notice in The Desert Sun newspaper on both September 12, 2008 and again on October 10, 2008, as prescribed by the Municipal Code. Public hearing notices were also posted on bulletin boards at City Hall, on the City of La Quinta's website, at the Village Post Office, and at the 1 1 1 La Quinta Shopping Center; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify approval of said Change of Zone: Finding A - The project is consistent with the General Plan. The proposed Change of Zoning is internally consistent with those goals, objectives and policies of the General Plan which are not being amended. The purpose of the Zone Change is to bring the existing public facility uses, General Plan land use designations, and zoning into conformity. Finding B - Approval of the amendment will not create conditions materially detrimental to the public health, safety and general welfare. 104 Ordinance No. 461 Zone Change 2008-134 School Sites and Public Works Yard November 4. 2008 Page 3 Approval of the proposed Zone Change will not create conditions materially detrimental to the public health, safety, and general welfare in that the proposed changes will not result in a substantial change to existing recreational or open space, will not result in the loss of existing wildlife habitat, nor will they have an effect on the conditions of the existing surrounding neighborhoods due to the fact that all of the subject properties have already been developed as community facilities. The proposed Change of Zoning will not result in any changed conditions and will therefore have no effect on the health, safety, and welfare of the community or surrounding natural environment. Finding C - The new designation is compatible with the zoning on adjacent properties. The current land uses of the subject properties are not consistent with their existing Zoning designations. The Zone Change will have no effect on adjacent existing land uses because the properties have already been fully developed as community facilities. Finding D - The new zoning designation is suitable and appropriate for the subject property. The new zoning designations are suitable and appropriate for the subject properties, as they are all existing public facilities utilized for education, public services, and public safety. The properties have been previously developed as community facilities such as schools, recreational facilities, and public service facilities and the change of zone will bring the existing uses into conformity. Finding E - Approval of the amendment is warranted because the situation and the general conditions of the property have substantially changed since the existing zoning was imposed. Approval of the Major Community Facilities (MC) zoning designation is warranted because the existing facilities were not developed in conformance with the appropriate zoning designation. Finding F - The project is in conformance with the California Environmental Quality Act. The City has determined that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) because the public facilities are 105 Ordinance No. 461 Zone Change 2008-134 School Sites and Public Works Yard November 4, 2008 Page 4 already constructed and the change in land use designation is consistent and appropriate for the public facilities. No physical change to the environment will occur as a result of the General Plan Amendment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, that it does ordain as follows: SECTION 1. The Official Zoning Map for the City of La Quinta is amended for those areas noted as A through D by identifying the zoning as Major Community Facilities (MC), as noted on "Exhibit 1 " attached hereto and made part of this Ordinance. SECTION 2. ENVIRONMENTAL. The Planning Department has determined that the Amendments to the Municipal Code are exempt pursuant to Section 15061(b)(3) and Section 15305 of the Guidelines for Implementation of the California Environmental Quality Act. The Ordinance will not have a negative effect on the environment in that the existing public facilities have already been developed and that this change of zone will bring them into conformance with the appropriate zoning. SECTION 3. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 4. PUBLICATION. The City Clerk is directed to publish this Ordinance in the manner and in the time required by law. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 2131 day of October, 2008, by the following vote, to wit: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Sniff NOES: None ABSENT: None ABSTAIN: None 106 Ordinance No. 461 Zone Change 2008-134 School Skes and Public Works Yard November 4. 2008 Page 6 DON ADOLPH, Mayor City of La Quinta California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 107 Ordinance No. 461 Zone Change 2008-134 School Sites and Public Works Yard November 4, 2008 Page 6 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. 461 which was introduced at a regular meeting on the 21 st day of October, 2008, and was adopted at a regular meeting held on the 4th day of November, 2008, not being less than five days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution No. 2006-1 15. VERONICA J. 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 J. MONTECINO, CMC, City Clerk City of La Quinta, California / 1 w EN T— J U W M Wa Q U� W W UJU OIX �Q as LL QO Q W Q N 4- O O O (6 a - 'It M i O O All 110 I IFT41" IF Titf 44QQ" COUNCIL/RDA MEETING DATE: November 4, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 31349, Mountain View Country Club, Toll CA V, L.P. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to August 30, 2009 for Tract Map No. 31349, Mountain View Country Club, Toll CA V, L.P. FISCAL IMPLICATIONS: ►150M CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Mountain View Country Club (Tract Map No. 31349) is located east of Jefferson Street, south of Avenue 50, and north of Avenue 52 (Attachment 1). On December 29, 2003, the City and Toll CA V, L.P., Inc. entered into a SIA for Mountain View Country Club. Section 6 of the SIA requires: "that the subdivision improvements shall be completed within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise ,. 113 improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements." In a letter dated August 21, 2008 (Attachment 2), the developer stated all of the improvements have been completed except for the top lift of asphalt. The top lift of asphalt has been delayed due to the slow down in home sales. Thus, the developer requests a time extension for completion of the on -site improvements to August 30, 2009. Staff has prepared the attached resolution which provides for approval of the time extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement to August 30, 2009 for Tract Map No. 31349, Mountain View Country Club; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements time as specified in the approved Subdivision Improvement Agreement to August 30, 2009 for Tract Map No. 31349, Mountain View Country Club; or 3. Provide staff with alternative direction. Respectfully submitted, 4ubl othyR.Jon ss n P.E ic ks Works ire r/City Engineer 114 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Toll Brothers, Inc. dated August 21, 2008 115 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO AUGUST 30, 2009 FOR TRACT MAP NO. 31349, MOUNTAIN VIEW COUNTRY CLUB. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31349, Mountain View Country Club, on December 29, 2003; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by December 29, 2004, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved SIA is extended to August 30, 2009. Section 2. The time extension for completing the on -site improvements shall expire when City offices close for regular business on August 30, 2009. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. 116 Resolution No. 2008- Tract Map No. 31349, Mountain View Country Club Adopted: November 4, 2008 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4" day of November 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT 1 TM 31349 MOUNTAIN VIEW COUNTRY CLUB CT VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: November 4, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 31349, Mountain View Country Club, Toll Brothers, Inc. APPLICANT: Mr. Terry Hodge, Toll Brothers, Inc. 118 Oct.20. 20088 3:58PIA '.�0m_�lyyl_��'_uyJftrotes uerydrs Aagust21,2008 City of La Quinta W. Tim Jonaeeon Public works Diwrtor/City Fagioeer P.O. Boa 1504 78-495 Calle Tampico La Quanta, CA 92253-1504 RB: Mountain view Country Club Tract 31349 Subdivision Improvement Agtesment Dear Ivlr. Jollasson, ATTACHMENT 2 ) "ft OCT 2 ?D08 4 This letter is in response to your letter dated July 30, 2008 regarding the oompletion of the public improvements associated with the above referenced project. ? a Toil &others, Inc. has completed all ofthe improvements associated with Tract 31349 @ Mountain View Country Club expect for the tap lift of asphalt The top lift of asphalt has been delayed due to the slow down in home sales. Based upon the slower sales pace we are currently projecting placement of the top lift of asphalt in the summer of 2009. Therefore Toll requests an extension of time to complete the top lift of asphalt to August 30, 2009. Should you have any questions or require anything Nnther piease contact me. I oan be reached at (303)-840-4747 or my cell phone (303)-503-1498. Sincerely, Tent' kkge Vice President Lad Development Cc: Alan Euvrard, Toll Brothers, Inc. Kevin Duermit, Toll Brothers, Inc. Allen Janisch, Toll Brothers, Inc. New York Stock Exchange • Symbol TOL COLORADO DIVISION 9100 Fiat Panamum Drtm, Suge 250. E.nglewwd, CO 90112 • (3031709.0730 + Fox (3M 70a-0731 tollbrothera.com 119 TuY' 4 1NQrc!"fa COUNCIL/RDA MEETING DATE: November 4, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site and Off -Site Improvements for Tract Map No. 31816, Westward Shadows, La Quinta North Partners, L.P. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 5 STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site and off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to July 25, 2009 for Tract Map No. 31816, Westward Shadows, La Quinta North Partners, L.P. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Westward Shadows (Tract Map No. 31816) is located south of Westward Ho Drive, east of Dune Palms Road, and north of Highway 1 1 1, and west of Roadrunner Lane (Attachment 1). On July 25, 2005, the City and La Quinta North Partners,.L.P. entered into a SIA for Westward Shadows. Section 6 of the SIA requires: "that the subdivision improvements shall be completed within twelve months after the approval of the SIA. 120 Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements." On June 20, 2006, the City Council adopted a Resolution granting a time extension for the completion of the on -site and off -site improvements as specified in the approved SIA to July 25, 2007. In a letter dated June 30, 2008 (Attachment 2), the developer requests a time extension to July 25, 2009 for the remainder of the on -site and off -site improvements, which include the construction of the sidewalk on the westerly side of Roudel Lane. Staff has prepared the attached resolution which provides for approval of the second time extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the on -site and off -site improvements as specified in the approved Subdivision Improvement Agreement to July 25, 2009 for Tract Map No. 31816, Westward Shadows; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site and off -site improvements time as specified in the approved Subdivision Improvement Agreement to July 25, 2009 for Tract Map No. 31816, Westward Shadows; or 3. Provide staff with alternative direction. Respectfully submitted, n n C4u othy R. ona s n, P.Eic Works Di ctor/City Engineer 121 Approved for submission by: (?Z Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Taylor Morrison dated September 22, 2008 122 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE AND OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO JULY 25, 2009 FOR TRACT MAP NO. 31816, WESTWARD SHADOWS. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31816, Westward Shadows, on July 25, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by July 25, 2007, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site and off -site improvements as required by the approved SIA is extended to July 25, 2009. Section 2. The time extension for completing the on -site and off -site improvements shall expire when City offices close for regular business on July 25, 2009. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. 123 Resolution No. 2008- Tract Map No. 31816, Westward Shadows Adopted: November 4, 2008 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 41h day of November 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 124 ATTACHMENT 1 TM 31816 WESTWARD SHADOWS HO DRIVE I HIGHWAY 111 I ICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: November 4, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site and Off -Site Improvements for Tract Map No. 31816, Westward Shadows, La Quinta North Partners, L.P. APPLICANT: Mr. Jim Thompson, La Quinta North Partners, L.P. 125 La Quinta North Partners, L.P. 2 Crooked Stick Dr. Newport Beach, CA 92660 949-706-2596 Fax 949-706-1419 June 30, 2008 Mr. Timothy R. Jonasson, P.E. Public Works Director/City Engineer City of La Quints P.O. Box 1504 La Quints, CA 92247-1504 RE: City Letter 60 I08 — Tract 31816 Dear Tim: ATTACHMENT 2 I RMWED JUL 0 2 2008 PUBLICWORKS RMWO ` UW - 8 2008 Development serwm We have completed the work you requested; i.e., final lift of paving, remove and replace cracked curb, etc., and you agreed to not requite us to put in the final sidewalk along Roudel Ln. because of future construction. We request an extension of our (SIA) Subdivision Improvement Agreement for a minanunt of 1 yew, 2 years would be preferable. Thankym; �6'fhom ins .. T'df oF lwQ" COUNCIL/RDA MEETING DATE: November 4, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site and Off -Site Improvements for Tract Map No. 31874-1, Carmela, Taylor Woodrow Homes, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: G STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site and off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to March 27, 2009 for Tract Map No. 31874-1, Carmela, Taylor Woodrow Homes, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Carmela (Tract Map No. 31874-1) is located south of Avenue 52, east of Monroe Street, and north of Avenue 54 (Attachment 1). On January 20, 2005, the City and Stonefield La Quinta I entered into a SIA for Carmela. On July 8, 2005, the City, Stonefield La Quinta, the Assignor, and Taylor Woodrow Homes, Inc., the Assignee, entered into an Assignment and Assumption Agreement for Carmela. Section 6 of the SIA requires: "that the subdivision 121 improvements shall be completed within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements." On September 5, 2006, the City Council adopted a Resolution granting a time extension for the completion of the on -site and off -site improvements as specified in the approved SIA to June 7, 2007. In a letter dated September 22, 2008 (Attachment 2), the developer requests a time extension to March 27, 2009 for the remainder of the off -site and on -site improvements, which include completing the street improvements on Avenue 53. The developer is also responsible for 25% of a traffic signal at Monroe Street and Avenue 53. The remaining on -site improvements include the top lift of asphalt. Staff has prepared the attached resolution which provides for approval of the second time extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the on -site and off -site improvements as specified in the approved Subdivision Improvement Agreement to March 27, 2009 for Tract Map No. 31874-1, Carmela; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site and off -site improvements time as specified in the approved Subdivision Improvement Agreement to March 27, 2009 for Tract Map No. 31874-1, Carmela; or 3. Provide staff with alternative direction. 128 Respectfully submitted, 4othy R. J n s n, P.E. Public Work Dir for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Taylor Morrison dated September 22, 2008 129 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE AND OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO MARCH 27, 2009 FOR TRACT MAP NO. 31874-1, CARMELA. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31874-1, Carmela, on January 20, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by June 7, 2007, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site and off -site improvements as required by the approved SIA is extended to March 27, 2009. Section 2. The time extension for completing the on -site and off -site improvements shall expire when City offices close for regular business on March 27, 2009. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Resolution No. 2008- Tract Map No. 31874-1, Carmela Adopted: November 4, 2008 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4t" day of November 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Sea]) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 131 ATTACHMENT 1 TM 31874-1 CARMELA PROJECT SITE ANITY MAP NOT TO SCALE CITY COUNCIL MEETING: November 4, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site and Off -Site Improvements for Tract Map No. 31874-1, Carmela, Taylor Woodrow Homes, Inc. APPLICANT: Mr. Gerald Hammer, Taylor Morrison of California, LLC 132 TaylorMorrison September 22, 2008 ATTACHMENT 2 RYI.CFiIVFiID TAM OR MORRISON $EP g 2 2008 OF CA40SNIA. LLC Southem California Division PUBLIC WORKyV 15 Cushing ine, CA 92618-4220 RECMM Mr. Timothy Jonasson SEP S S 2008 Public Works Director City of La Quinta Dallopwit SCR 78-495 Calla Tampico La Quints, CA 92253 p. (949) 341-1200 f- (949) 341-1400 taylormorrison.com Re, Extension of Subdivision Improvement Agreement, Tract 31874-1, Cannele Dear Mr.Jonasson, Taylor Morrison formally requests the extension of the Subdivision Improvement Agreement for the on -site and off -site improvements of tract 31874-1. The improvements outlined in this agreement have recently been inspected by Daniel Valenzuela with the City of La Quints and all of the improvement items have been deemed complete or mostly complete by Mr. Valenzusle. Taylor Morrison expects the remaining improvements to be completed within 6 months of the date of this letter and respectfully requests that the City of La Quinta revise the completion date within the Subdivision Improvement Agreement to March 27, 201 Thank you, , D Gerald Hammer Forward Planner Cc: Amy Yu, Assistant Engineer Taylor y to for Woodrow morrison Communities rwmx Mswre Wvou 133 COUNCIL/RDA MEETING DATE: November 4, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 31874-2, Carmela, Taylor Woodrow Homes, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to March 27, 2009 for Tract Map No. 31874-2, Carmela, Taylor Woodrow Homes, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Carmela (Tract Map No. 31874-1) is located south of Avenue 52, east of Monroe Street, and north of Avenue 54 (Attachment 1). On November 18, 2005, the City and Taylor Woodrow Homes, Inc. entered into a SIA for Carmela. Section 6 of the SIA requires: "that the subdivision improvements shall be completed within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the 134 specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. " On September 5, 2006, the City Council adopted a Resolution granting a time extension for the completion of the on -site improvements as specified in the approved SIA to September 20, 2007. In a letter dated September 22, 2008 (Attachment 2), the developer requests a time extension to March 27, 2009 for the remainder of the on -site improvements, which include the top lift of asphalt on the on -site streets. Staff has prepared the attached resolution which provides for approval of the second time extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement to March 27, 2009 for Tract Map No. 31874-2, Carmela; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements time as specified in the approved Subdivision Improvement Agreement to March 27, 2009 for Tract Map No. 31874-2, Carmela; or 3. Provide staff with alternative direction. Respectfully submitted, Ti othy R. o as o , P.E. ublic Works Dire or/City Engineer 135 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Taylor Morrison dated September 22, 2008 13,6 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO MARCH 27, 2009 FOR TRACT MAP NO. 31874-2, CARMELA. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31874-2, Carmela, on November 18, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by September 20, 2007, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved SIA is extended to March 27, 2009. Section 2. The time extension for completing the on -site improvements shall expire when City offices close for regular business on March 27, 2009. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. 137 Resolution No. 2008- Tract Map No. 31874-2, Carmela Adopted: November 4, 2008 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 41h day of November 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California l3� ATTACHMENT 1 TM 31874-2 CARMELA • VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: November 4, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 31874-2, Carmela, Taylor Woodrow Homes, Inc. APPLICANT: Mr. Gerald Hammer, Taylor Morrison of California, LLC 139 TaylorMon ison September 22, 2008 ATTACHMENT 2 TAYL.OR MOARISCN OF CALIFORNIA, LLC Southern California Division 15 Cushing Irvine. CA 92818-4220 p. (949) 341-1200 f. (949) 341-1400 WonnonWn.com '' 4 Mr. Timothy Jonasson SFp Public Works Director p 2 s Zdt7$ a City of La Quinta 'F>WtS'n 78-495 Calls Tampico La Quinta, CA 92253 Re: Extension of Subdivision Improvement Agreement Tract 31874-2, Carinafa .4 Dear Mr. Jonasson, Taylor Morrison formally requests the extension of the Subdivision Improvement Agreement for the on -site improvements of tract 31874-2. The improvements outlined in this agreement have recently been inspected by Daniel Valenxuela with the City of La Quinta and all of the improvement items have been deemed complete or mostly complete by Mr. Valenzuela. Taylor Morrison expects the remaining improvements to be completed within 6 months of the date of this letter and respectfully requests that the City of La Quinta revise the completion date within the Subdivision Improvement Agreement to March 27, 200p. 9 Thank you, Gerald Hammer Forward Planner Cc: Amy Yu, Assistant Engineer Taylor taylor Woodrow morrison Communities Hp .Ia plredby You 140 T4'!t 44Q COUNCHJRDA MEETING DATE: November 4, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 30092, Piazza Serena, K. Hovnanian Forecast Homes, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: a CONSENT CALENDAR: O STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to March 3, 2009 for Tract Map No. 30092, Piazza Serena, K. Hovnanian Forecast Homes, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: BACKGROUND AND OVERVIEW: Piazza Serena (Tract Map No. 30092) is located north of Avenue 58 and west of Monroe Street (Attachment 1). On February 3, 2005, the City and K. Hovnanian Forecast Homes, Inc. entered into a SIA for Piazza Serena. Section 6 of the SIA requires: "that the subdivision improvements shall be completed within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise 141 improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. " On November 20, 2007, the City Council adopted a Resolution granting a time extension for the completion of the on -site improvements as specified in the approved SIA to September 3, 2008. In a letter dated July 31, 2008 (Attachment 2), the developer stated the remaining on - site improvements left to complete include capping of streets for those street portions in tract that are currently vacant. The remaining items to be completed for the installation of a Maxwell Plus drainage system in the retention basin in Lot G include cleaning out the existing sand filter, raising two manholes to grade, adjusting an inlet box that appears to be knocked loose, and landscaping the retention basin. Staff has prepared the attached resolution which provides for approval of the second time extension of the SIA for a period of six months to March 3, 2009 to assure the timely completion of the Maxwell Plus drainage system. This system was of interest to residents who appeared at the Planning Commission meeting of January 22, 2008. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement to March 3, 2009 for Tract Map No. 30092, Piazza Serena; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements time as specified in the approved Subdivision Improvement Agreement to March 3, 2009 for Tract Map No. 30092, Piazza Serena; or 3. Provide staff with alternative direction. Respectfully submitted, othy R. Jo%as%n%P.E. lic Work ire /City Engineer 142 Approved for submission by: `Tomas P. Genovese City Manager er Attachments: 1. Vicinity Map 2. Letter from K. Hovnanian Homes dated July 31, 2008 143 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO MARCH 3, 2009 FOR TRACT MAP NO. 30092, PIAZZA SERENA. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 30092, Piazza Serena, on February 3, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by September 3, 2008, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved SIA is extended to March 3, 2009. Section 2. The time extension for completing the on -site improvements shall expire when City offices close for regular business on March 3, 2009. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. 144 Resolution No. 2008- Tract Map No. 30092, Piazza Serena Adopted: November 4, 2008 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4" day of November 2008, by the following vote, to wit: AYES: 1011111*5 ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 145 ATTACHMENT 1 TM 30092 - PIAZZA SERENA COACT PROJECT SITE VI NOT TO SCALE CITY COUNCIL MEETING: November 4, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -site Improvements for Tract Map No. 30092, Piazza Serena APPLICANT: Mr. James Crandall, K. Hovnanian Homes 146 r VIIcZl21c'i121 .Homes VIA OVERNIGHT DELIVERY & FAX NO. (760) 777-7101 July 31, 2008 Timothy R. Jonasson, P.E. Public Works Director/City Engineer City of La Quints, Public Works Department 78495 Calle Tampico La Quinta, California 92253 ATTACHMENT 2 RECEIVED AUG 06 200E PUBLIC WORKc ft, AtIG �� 10p8 Re: Piazza Serena— Tract 30092 SIA Time Extension Dear Mr. Jonasson: This letter is being written to request -a:-time.. extension for the On -site and Offsite Subdivision Improvement Agreements for Tract 30092. We currently estimate that our improvements should be completed by September 2009. Onite improvements left to complete include capping of streets for those street portions intract that are currently vacant. Offsite improvements include minor repair of curb and gutter and landscape maintenance as needed. Please let me know if there.is anything else beyond this request letter necessary to extend the Agreements. Please contact me should you have any questions or need further clarification on this matter. Thank you Sincerely, James Crandall Land Planning Manager K. Hovnanian Communities ,cyL a a inne e:.: ..men' far Tr:tM ;(;I I, . . Cc: Amy Yu, Assistant Engineer II , Darren Bolton, VP Land Development 1500 S. HAVEN AVE, SUITE 100, ONTARIO, CA 91761 -14 7 TEU (909) 937-3270, ,FAX: (909) 390-5688 KHOV.COM ceitit 4 ZP Qu&rcv COUNCIL/RDA MEETING DATE: November 4, 2008 ITEM TITLE: Approval of a Request for Proposals for On -Call Engineering Plan Check Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize staff to distribute a Request for Proposals (RFP) for Professional On -Call Engineering Plan Check Services. FISCAL IMPLICATIONS: None at this time. An agreement for services from the successful responders will be brought back to the City Council for approval at a future date. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In accordance with past practice the City's Public Works Department contracts for engineering plan check services to accommodate the variation in the volume of plans submitted to the City from developers. The contracts are for time and materials so that the City only pays for services rendered which are offset by revenue from plan check fees. The existing contracts for on -call contract plan checking expire on December 31, 2008. The existing contracts are with Engineering Resources of Southern California, Inc., Willdan, Hall & Foreman, Inc., Bureau Veritas, NRO Engineering and RKA Consulting Group. Attachment 1 is the RFP for Professional On -Call Engineering Plan Check Services and includes a sample of the Professional Services Agreement (PSA). The PSA calls for a two-year term from January 1, 2009 through December 31, 2010. Staff anticipates hiring several firms to perform this work. The RFP for Professional Engineering Plan Check Services has been prepared and is ready for distribution to qualified consultants. In accordance with Resolution 2005-096, adopted December 5, 2005, the guidelines for major services will be followed as the estimated cost will exceed $50,000. A PSA will be brought back for City Council approval once the firm(s) are selected. The City Manager intends to appoint a Selection Committee consisting of the following members: Tim Jonasson, P.E., Public Works Director/City Engineer, Ed Wimmer, P.E., Principal Engineer, Development Services, and Paul Goble, P.E. Senior Engineer, Development Services. If the City Council wishes to appoint a different Selection Committee, the Committee would be subject to the Brown Act unless the Committee consists solely of two council members. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize staff to distribute a Request for Proposals to obtain Professional On -Call Engineering Plan Check Services; or 2. Do not authorize staff to distribute a Request for Proposals to obtain Professional On -Call Engineering Plan Check Services; or 3. Provide staff with alternative direction. Respectfully submitted, T othy R. on on, P.E. ublic Wor s D ector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Request for Proposal and draft Professional Services Agreement for Engineering Plan Check Services 149 Attachment 1 Request for Proposals (RFP) to Provide On -Call Engineering Plan Check Services The City of La Quinta seeks proposals from On Call Engineering Plan Check firms for a two-year contract term of January 1, 2009 through December 31, 2010. Plan checking may be provided by an On -Call Engineering Plan Check Consultant, as applicable, with the following scope: Plan Checking Scope of Services Improvement plan checking will include the review of plans submitted for subdivision (residential) improvements, commercial developments, and infrastructure improvements within the City's right of way. The plans shall be reviewed for conformance with local and other applicable (County, State and Federal) ordinances and standards with a strict attention to details. Plan check services may include, but are not limited to the following: • Grading Plans including mass grading, rough grading and precise grading plans • Street Improvement Plans including street widening, rehabilitation and new street plans • Storm Drainage Plans • Hydrology and Hydraulic Calculations and Reports • Traffic Plans including signing and striping plans, traffic detour, staging and signal plans • Engineer's Cost Estimate for the related items of work for bonding purposes • Engineer's Reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans, and Special Traffic Reports The tasks of the plan checker include: • To check for design conformance to: - The approved Tentative Map - Related Specific Plans - General Plan and City Ordinances - Conditions of Approval - City Standards - ADA Standards - The City's Subdivision Plan Check List 150 - Other Agency Requirements such as RCFCD, CVWD and CalTrans To review plans for sound engineering practices. • To check for accuracy of design in conformance with the City's most current Plan Check List. • To check general mathematics and design criteria. To call for redesign of any portion of plans that: - Will not function due to poor engineering. - Is not consistent with the Approved Tentative Map or Conditions of Approval. - Will be potentially unsafe to the public. - Impractical to construct. Orientation: Consultant shall meet with City staff to: a. learn the City development plan check process; b. acquire text files and boiler plate documents as they apply; c. acquire understanding of key issues that need attention during the plan check process; d. establish ongoing operating procedures between City staff and the Consultant for the on -call services. On -Call Services: a. Report to City Hall when called upon to pick up project documents for review, and meet/work with City staff, as needed; b. Field review project with City staff, as needed, to address unique aspects of the proposed project; c. Attend scheduled meetings, as needed, to brief the Engineer of Record (EOR), Developers, Consultants and City staff on findings and coordinate additional relevant details and preparation. Specific Individual not a Consulting Team: a. Regardless of how many qualified professionals employed by the consulting firm proposing to provide the on -call services, the firm shall designate a specific individual for the assignment. The City does not want a "team" of individuals assigned to provide the services. If the designated individual providing the on -call services leaves the firm, it shall be considered grounds for contract termination, at the City's sole option. b. The individual assigned to provide the services must be a California Registered Engineer. The individual should possess a four-year civil engineering degree and have five (5) years of experience in plan checking, preferably in the municipal sector, and be well versed in the development plan check process. 1 . 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 Wednesday, November 26, 2008 at 5:00 PM. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Tim Jonasson, Public Works Director/City Engineer City of La Quinta, Public Works Department 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92247-1504 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/Statement of Qualifications (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 professional services agreement. (3) A listing of the proposed plan check personnel, including resume(s) and specialized sub -consultant resume(s). Specialized sub - consultants (e.g. structural or geotechnical consultants) must be preauthorized and invoiced on a cost + 15% basis for this contract. (4) Consultant's experience with similar work, including names and current phone numbers of references for listed projects. Experience statements should include plan check project listings, annual quantities reviewed and municipal client listings/contact phone numbers. Experience in working with local desert cities as a plan check staff member or in a similar function as a contract plan check consultant is an essential component for qualification relating to this RFP. 152 (5) Written confirmation of consultant's review of the attached Professional Services Agreement (PSA) — submit 4 copies The successful proposer(s) will enter into a Professional Services Agreement (PSA) with the City. The consultant is to submit written confirmation that he/she is both willing and able to enter into the attached Professional Services Agreement. The proposer(s) will submit in writing any requested changes to the attached PSA. 2. Cost Proposal (envelope 2) — submit 4 copies The consultant is to submit a detailed service terms and cost proposal using the format or form shown in the Term/Method/Office Hours/Compensation/Invoicing section below. Selection Process Qualifications, Experience, Resumes and Cost Proposals will be reviewed by the Consultant Selection Committee. The Consultant Selection Process outlined within City Resolution 96-80 shall be followed. The Consultant Selection Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal and Cost Proposal. The City will open contract negotiations with the top ranked firms. The successful consultants will be expected to enter into the attached Professional Services Agreement. Contract awards for qualified firms are anticipated by December 2008 to become effective January 1, 2009 through December 31, 2010. City Rights and Options This solicitation does not commit the City of La Quinta to award a contract, to pay any cost incurred with the preparation of a qualifications statement, or to procure or contract for services or supplies. The City of La Quinta reserves the right to accept or reject any or all submittals received in response to this request, to negotiate with any qualified source, or cancel in whole or part this process if it is in the best interest of the City to do so. Subsequent to negotiations, prospective consultants may be required to submit revisions to their qualification statements. All proposers should note that any.contract pursuant to this solicitation is dependent upon the recommendation of the City staff and the approval of the City Council. The City of La Quinta reserves the right to postpone selection for its own convenience, to withdraw this Request for Proposal at any time, and to reject any and all submittals without indicating any reason for such rejection. As a function of the RFP process, the City of La Quinta reserves the right to remedy technical errors in response to the RFP and to modify the published scope of services. The City of La Quinta will reserve the 153 right to request that specific personnel with specific expertise be added to the team, if the City determines that specific expertise is lacking in the project team. Statements and other materials submitted will not be returned. The City of La Quinta reserves the right to abandon this RFP process and/or change its procurement process for the contract at any time if it is determined that abandonment and/or change would be in the City's best interest. In the event of an abandonment or change, the City will not be liable to any contractor for any costs or damages arising out of its response to the RFP. Term/Method/Office Hours/Compensation/Invoicing TERM Consultant shall provide services for a term of twenty-four (24) months beginning January 1, 2009 and terminating on December 31, 2010. METHOD The Consultant shall serve in a City Staff augmentation role wherein primary work activities may occur at the City of La Quinta offices. Outside check activities may also occur at the Consultant offices depending on the exact scope of work requirements. The City desires an average of no more than 3 plan check rounds before final plan approval. The Consultant shall maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. The Consultant shall provide turn around of all assigned plan check reviews within 7 calendar days unless otherwise negotiated with City Staff. Negotiated deadlines may be applicable for large, complex projects. The Consultant shall be available to meet with City Staff at City Hall during normal working hours with 24 hours advance notice. OFFICE HOURS The Consultant shall be available for scheduled meeting and by telephone between normal working hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. COMPENSATION/INVOICING Plan check payment shall be made in full at an hourly rate for the Consultant rate of: $ per hour - no overtime, travel time, expenses or other administrative charges will be allowable over and above the stated hourly rate schedule. Not to exceed time budgets will be negotiated with the Consultant on a per plan check basis. Consultant receives no additional compensation for travel time, lunch time, delivery or postage fees necessary to attend meetings or transmit or receive plans from City. The City anticipates that the Consultant may be required to be at City offices for no more than 1 day per week. Actual Consultant time requirement will vary based on City plan check workload. The Consultant shall provide a hand held (type) cellular telephone for each plan checker assigned to City Project(s) to assure rapid availability by telephone. .. 154 The Consultant shall provide his or her own transportation to and from the City of La Quinta offices or other designated work site. Consultant will not be compensated for travel time to and from the designated work site. The Consultant shall respond to requests for plan check within twenty-four (24) hours. The Consultant shall supply all necessary tools and materials to perform their work. The Consultant shall bill the City monthly for hours of service rendered and shall include a detailed summary of time expended on a daily and per project basis. Billing shall confirm to agreed not to exceed budgets negotiated with the Consultant for both time spent at City offices and offsite plan reviews as required. No exceptions will be allowed to the payment schedule. Specialized sub -consultants (e.g. structural or geotechnical consultants) must be preauthorized and invoiced on a cost + 15% basis for this contract. The Consultant shall generally work on Development Services projects which are not subject to prevailing wage requirements. Should prevailing wage requirements be applicable, the Consultant will adhere to the following prevailing wage requirements: Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1 110-20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. CONSULTANT: 0 Name: Date: 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 On -Call Engineering Plan Check Services, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses Permits. Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses 156 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, 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 1. 157 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 January 1, 2009 and terminate on December 31, 2010 (initial term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: .. 158 a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and .. 159 public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the 160 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 sub consultants), 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 sub consultants (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 161 for which Consultant is legally liable, including but not limited to officers, agents, employees or sub consultants 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 sub consultant 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 sub consultants), 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 sub consultant, 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 11 162 professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insured 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. 163 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 164 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self - insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 165 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the 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 .. 166 Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 167 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 1. 168 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 �X , 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney 1. 170 CONSULTANT: By: Name: Title: Date: 171 Exhibit A Scope of Services Plan checking will be provided by an On Call Engineering Plan Check Consultant, as applicable, with the following scopes: PLAN CHECKING Improvement plan checking will include the review of plans submitted for subdivision (residential) improvements, commercial developments, and infrastructure improvements within the City's right of way. The plans shall be reviewed for conformance with local and other applicable (County, State and Federal) ordinances and standards with a sense of attention to details. Plan check services may include, but are not limited to the following: • Grading Plans including mass grading, rough grading and precise grading plans • Street Improvement Plans including street widening, rehabilitation and new street plans • Storm Drainage Plans • Hydrology and Hydraulic Calculations and Reports Traffic Plans including signing and striping plans, traffic detour and traffic staging plans and signal plans • Engineer's Cost Estimate for the related items of work for bonding purposes • Engineer's Reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans, and Special Traffic Reports The tasks of the plan checker include: • To check for design conformance to: - The approved Tentative Map - Related Specific Plans - General Plan and City Ordinances - Conditions of Approval - City Standards - ADA Standards - The City's Subdivision Plan Check List - Other Agency Requirements such as RCFCD, CVWD and CalTrans • To review plans for sound engineering practices. • To check for accuracy of design in conformance with the City's most current Plan Check List. • To check general mathematics and design criteria. • To call for redesign of any portion of plans that: - Will not function due to poor engineering. - Is not consistent with the Approved Tentative Map or Conditions of Approval. - Will be potentially unsafe to the public. - Impractical to construct. 172 All plans shall be reviewed under the direct supervision of a California Registered Engineer. Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 11 10-20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. 173 Exhibit B Term/Method/Office Hours/Compensation/Invoicing TERM Consultant shall provide services for a term of twenty-four (24) months beginning January 1, 2009 and terminating on December 31, 2010. METHOD The Consultant shall serve in a City Staff augmentation role wherein primary work activities may occur at the City of La Quinta offices. Outside check activities may also be allowed at the Consultant offices dependant on the exact scope of work requirements. The City desires an average of no more than 3 plan check rounds before final plan approval. The Consultant shall maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. The Consultant shall provide turnaround of all assigned plan check reviews within 7 calendar days unless otherwise negotiated with City Staff. Negotiated deadlines may be applicable for large, complex projects. The Consultant shall be available to meet with City Staff during normal working hours with 24 hours advance notice. OFFICE HOURS The Consultant shall be available for scheduled meeting and by telephone between normal working hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. COMPENSATION/INVOICING Plan check payment shall be made in full at an hourly rate for the Consultant rate of: $ per hour - no overtime, travel time, expenses or other administrative charges will be allowable over and above the stated hourly rate schedule. Not to exceed time budgets will be negotiated with the Consultant on a per plan check basis. Consultant receives no additional compensation for travel time, lunch time, delivery or postage fees necessary to attend meetings or transmit or receive plans from City. The City anticipates that the Consultant may be required to be at City offices for no greater than 1 day per week. Actual Consultant time requirement will vary based on City plan check workload. The Consultant shall provide a hand held (type) cellular telephone for each plan checker assigned to the City Project(s) to assure rapid availability by telephone. The Consultant shall provide his or her own transportation to and from the City of La Quinta offices or other designated work site. Consultant will not be compensated for travel time to and from designated work site. The Consultant shall respond to requests for plan check within twenty-four (24) hours. The Consultant shall supply all necessary tools and materials to perform their work. The Consultant shall bill the City monthly for hours of service rendered and shall include a detailed summary of time expended on a daily and per project basis. Billing shall confirm to agreed not to exceed budgets negotiated with the Consultant for both time spent at City 174 offices and offsite plan reviews as required. No exceptions will be allowed to the payment schedule. Specialized sub -consultants (e.g. structural or geotechnical consultants) must be preauthorized and invoiced on a cost + 15% basis for this contract. The Consultant shall generally work on Development Services projects which are not subject to prevailing wage requirements. Should prevailing wage requirements be applicable, the Consultant will adhere to the following prevailing wage requirements: Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. 175 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: November 4, 2008 BUSINESS SESSION: _ CONSENT CALENDAR: �D ITEM TITLE: Approval of a Request for Proposals for On -Call Engineering Map Check Services STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Authorize staff to distribute a Request for Proposals (RFP) to obtain Professional On -Call Engineering Map Check Services. FISCAL IMPLICATIONS: None at this time. An agreement for services from the successful responders will be brought back to the City Council for approval at a future date, no later than December 16, 2008. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In accordance with past practice the City's Public Works Department contracts for engineering map check services to accommodate the variation in the volume of maps submitted to the City from developers. The contracts are for time and materials so that the City only pays for services rendered which are offset by revenue from map check fees. The existing contracts for on -call contract map checking expire December 31, 2008. The existing contracts are with Hall & Foreman, Inc., Bureau Veritas, NRO Engineering and RASA. Attachment 1 is the RFP for Professional On -Call Engineering Map Check Services and includes a sample of the Professional Services Agreement (PSA). The PSA calls for a two-year term of January 1, 2009 through December 31, 2010. Staff anticipates hiring up to three firms to perform this work. 170 The RFP to obtain Professional Engineering Map Check Services has been prepared and is ready for distribution to qualified consultants. The Consultant Selection Process outlined within City Resolution 2005-096 shall be followed. In accordance with Resolution 2005-096, adopted December 5, 2005, the guidelines for major services will be followed as the estimated cost will exceed $50,000. A PSA will be brought back for City Council approval once the firm(s) are selected. The City Manager intends to appoint a Selection Committee consisting of the following members: Tim Jonasson, P.E., Public Works Director/City Engineer, Ed Wimmer, P.E., Principal Engineer, Development Services, and Paul Goble, P.E. Senior Engineer, Development Services. If the City Council wishes to appoint a different Selection Committee, the Committee would be subject to the Brown Act unless the Committee consists solely of two council members. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize staff to distribute a Request for Proposals to obtain Professional On -Call Engineering Map Check Services; or 2. Do not authorize staff to distribute a Request for Proposals to obtain Professional On -Call Engineering Map Check Services; or 3. Provide staff with alternative direction. Respectfully submitted, Ti othy R. J nas n, P.E. Public Work Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Request for Proposal and draft Professional Services Agreement for Engineering Map Check Services Attachment 1 T-Vf 4 4 a" Request for Proposals (RFP) to Provide On -Call Engineering Map Check Services The City of La Quinta seeks proposals from On Call Engineering Map Check firms for a two-year contract term of January 1, 2009 through December 31, 2010. Map checking may be provided by an On -Call Engineering Map Check Consultant, as applicable, with the following scope: Map Checking Subdivision Tract and Parcel Maps will be reviewed by a Licensed Land Surveyor in the State of California for the procedure of survey, mathematical closure, and compliance with the Subdivision Map Act, the Land Surveyor's Act, the approved Tentative Map, the approved Conditions of Approval, and a current title report. This review includes but is not limited to the review of survey documentation, lot and boundary closure calculations, dedications and easement provisions, legal descriptions and completeness and accuracy of data notation. Some of the specific items that are reviewed or checked include the following: • Title sheet format and certificates. • Current legal descriptions. • Correct assessor's parcel being subdivided per the title report and Tract/Parcel Map. • Check closure of subdivision boundary and individual lots against traverse. • Verify lot areas against traverse. • Check for correct mathematics. • Clarity of drafting. • Proper delineation and identification of record data. • All appropriate data in the title report is shown on the map. • Proper reference to adjacent recorded maps and ties thereto. • Proper reference and ties to found/set monumentation. • Minimum lot sizes meeting the requirements of zoning of the Tentative Map. • On -map items identified by the subdivision resolution are properly satisfied. • Boundary tied to the California Coordinate System, where required. • Verify ownership shown on the map against the title report. • Verify easements and completeness of easement callouts. 178 In addition to reviewing subdivision Tract and Parcel Maps, the consultant may be requested to provide the following services: • Review lot line adjustment documents. • Review and/or prepare legal descriptions and plats. 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 Wednesday, November 26, 2008 at 5:00 PM. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Tim Jonasson, Public Works Director/City Engineer City of La Quinta, Public Works Department 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92247-1504 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 1. Work Proposal (envelope 1) - submit 4 copies a. Cover Letter/Statement of Qualifications/Professional Services Agreement (PSA) Acceptance (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 professional services agreement. (3) A listing of proposed project personnel, including personal experiences and resumes for prime and sub -consultants. (4) Consultant experience with similar work, including names and current phone numbers of references for listed projects. Experience statements should include map check project listings, annual quantities reviewed and municipal client listings/contact phone numbers. Experience in working with local desert cities as a map check staff member or in a similar function as a contract 179 map/plan check consultant is an essential component for qualification relating to this RFP. (5) The successful proposer(s) will enter into a Professional Services Agreement (PSA) with the City. The consultant is to submit written confirmation that he/she is both willing and able to enter into the attached Professional Services Agreement. The proposer(s) will submit in writing any requested changes to the attached PSA. 2. Cost Proposal (envelope 2) — submit 4 copies The consultant is to submit a detailed service term, schedule and cost proposal (using the format or form shown in Exhibit A below) for all services and materials anticipated in completing projects based on the scope of services. Selection Process Qualifications, Experience, Resumes and Cost Proposals will be reviewed by the Consultant Selection Committee. The Consultant Selection Process outlined within City Resolution 96-80 shall be followed. The Consultant Selection Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal and Cost Proposal. The City will open contract negotiations with the top ranked firms. The successful consultants will be expected to enter into the attached Professional Services Agreement. Approximately three contract awards for qualified firms are anticipated by December 2008 to become effective January 1, 2009 through December 31, 2010. City Rights and Options This solicitation does not commit the City of La Quinta to award a contract, to pay any cost incurred with the preparation of a qualifications statement, or to procure or contract for services or supplies. The City of La Quinta reserves the right to accept or reject any or all submittals received in response to this request, to negotiate with any qualified source, or cancel in whole or part this process if it is in the best interest of the City to do so. Subsequent to negotiations, prospective consultants may be required to submit revisions to their qualification statements. All proposers should note that any contract pursuant to this solicitation is dependent upon the recommendation of the City staff and the approval of the City Council. The City of La Quinta reserves the right to postpone selection for its own convenience, to withdraw this Request for Proposal at any time, and to reject any and all submittals without indicating any reason for such rejection. As a function of the RFP process, the City of La Quinta reserves the right to remedy technical errors in response to the RFP and to modify the published scope of services. The City of La Quinta will reserve the right to request that specific personnel with specific expertise be added to the team, if �. 180 the City determines that specific expertise is lacking in the project team. Statements and other materials submitted will not be returned. The City of La Quinta reserves the right to abandon this RFP process and/or change its procurement process for the contract at any time if it is determined that abandonment and/or change would be in the City's best interest. In the event of an abandonment or change, the City will not be liable to any contractor for any costs or damages arising out of its response to the RFP. Consultant Exhibit A - Service Term, Schedule & Cost Proposal shall provide services for a term of twenty-four (24) months beginning January 1, 2009 and terminating on December 31, 2010. OFFICE HOURS The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. The Consultant shall be available to meet with City Staff during normal working hours with 48 hours advance notice. SCHEDULE The Consultant shall adhere to the following plan check schedule: Map Submittal Map Check Turn -Around (From Receipt from City Staff) 1st Plan Check Working Days 2nd Plan Check Working Days 3rd Plan Check Working Days For larger, more complex projects such as golf course developments, one (1) additional week for the 1 stand 2nd plan check shall be provided, if necessary to complete a thorough plan check. The consultant shall advise the Contract Officer, in writing, if additional time is needed. Normal plan check operations will be conducted as follows: 1st Submittal Upon completing the 15' review, the Consultant shall submit the "red lined" plans and a copy of the applicable Plan Check List to the City. The City will provide supplemental comment as necessary and forward "red lined" plans to the applicant. 2nd and Subsequent Submittals Upon receipt of the 2nd round plan check submittal from the applicant and upon completing the 2nd review, the Consultant shall submit "red lined" plans and a copy of the applicable 2nd review Plan Check List to the City. The City will provide supplemental comment as applicable and forward 2nd review "red lined" plans to the applicant. The process of 181 applicant correction, Consultant review followed by City review and "red lined" plan return to applicant shall continue until approvable plans are generated and a plan approval letter is submitted to the City by the Consultant. If necessary, the Consultant shall be available to meet with City staff and/or the applicant to review the plan check comments. The Consultant will communicate directly with the applicant regarding plan check issues and clarifications. The City desires an average of no more than 3 plan check rounds before final plan approval. The Consultant shall also maintain a plan check log as follows to track the plan check status. The plan check log shall include the following information: 1) Receipt Date 2) Transmittal Dates 3) Who is Receiving the Information 4) Status of Plan Check 5) Project Description and City Plan Check Number 6) Plan Check Fees The Consultant shall maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. Map Check Compensation Map check payment shall be made in full at the following "fixed fee" rates as specified for Tract Maps and Parcel Maps: Tract Maps $ base fee plus $ numbered lots) Parcel Maps $ base fee plus S numbered lots) Lot Line Adjustment $ base fee plus $ per lot (including both lettered and per parcel (including both lettered and fee per line adjusted This rate shall be compensation for up to three (3) map checks. Payment for additional map checks after the third check shall be made at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. An estimate of hours to complete the map check (after the third check) shall be made in writing to the Contract Officer for approval as specified in Section 1.6 - Additional Services of the Agreement. Compensation for the first three map checks shall be distributed at the following schedule: First Map Check 65% of the Total Map Check Fee 182 Second Map Check 20% of the Total Map Check Fee Third Map Check 15% of the Total Map Check Fee The Consultant shall be compensated upon the completion of each map check as indicated in the above schedule and in conformance with Section 2.2 of the Agreement. If a project is suspended, either definitely or indefinitely, the Consultant shall be compensated based on the last completed map check. If the map check process is completed prior to the third map check, 100% of the map check fee will be paid upon completion of the final map check. Consultant may be requested to provide additional map checks after the third check. Consultant receives no additional compensation for delivery or postage fees necessary to transmit or receive plans from City. Consultant also may be requested to provide supplemental map checking or general map consulting services for specific development related engineering projects for the City as applicable. Payment shall be made in full at an hourly rate of: $ per hour— no overtime, travel time, expenses or other administrative charges will be allowable over and above the stated hourly rate schedule. The Consultant shall generally work on Development Services projects which are not subject to prevailing wage requirements. Should prevailing wage requirements be applicable, the Consultant will adhere to the following prevailing wage requirements: Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. CONSULTANT: :� Name: Date: 183 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 On -Call Engineering Map Check Services, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses 184 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, 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 185 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 January 1, 2009 and terminate on December 31, 2010 (initial term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: .. 186 a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and .. 187 public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as -designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. 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 sub consultants), 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 sub consultants (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 189 for which Consultant is legally liable, including but not limited to officers, agents, employees or sub consultants 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 sub consultant 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 sub consultants), 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 sub consultant, 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 190 professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insured 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. 191 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 192 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self - insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 193 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the 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 194 Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. " 195 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 196 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 0.1 197 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Date 198 CONSULTANT: By: Name: Title: Date: 199 Exhibit A Scope of Services Map checking may be provided by an On Call Engineering Map Consultant, as applicable, with the following scopes: Map Checking Subdivision Tract and Parcel Maps will be reviewed by a Licensed Land Surveyor in the State of California for the procedure of survey, mathematical closure, and compliance with the Subdivision Map Act, the Land Surveyor's Act, the approved Tentative Map, the approved Conditions of Approval, and a current title report. This review includes but is not limited to the review of survey documentation, lot and boundary closure calculations, dedications and easement provisions, legal descriptions and completeness and accuracy of data notation. Some of the specific items that are reviewed or checked include the following: • Title sheet format and certificates. • Current legal descriptions. • Correct assessor's parcel being subdivided per the title report and Tract/Parcel Map. • Check closure of subdivision boundary and individual lots against traverse. • Verify lot areas against traverse. • Check for correct mathematics. • Clarity of drafting. • Proper delineation and identification of record data. • All appropriate data in the title report is shown on the map. • Proper reference to adjacent recorded maps and ties thereto. • Proper reference and ties to found/set monumentation. • Minimum lot sizes meeting the requirements of zoning of the Tentative Map. • On -map items identified by the subdivision resolution are properly satisfied. • Boundary tied to the California Coordinate System, where required. • Verify ownership shown on the map against the title report. • Verify easements and completeness of easement callouts. In addition to reviewing subdivision Tract and Parcel Maps, the consultant may be requested to provide the following services: • Review Lot Line Adjustment documents. • Prepare legal descriptions and plats. Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1 1 10- 20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. 11 200 Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed ($ ) except as specified in Section 1.6 - Additional Services of the Agreement. Map Check Compensation Map check payment shall be made in full at the following "fixed fee" rates as specified for Tract Maps and Parcel Maps: Tract Maps $ base fee plus $ numbered lots) Parcel Maps $ base fee plus $ numbered lots) Lot Line Adjustment $ base fee plus $ per lot (including both lettered and per parcel (including both lettered and fee per line adjusted This rate shall be compensation for up to three (3) map checks. Payment for additional map checks after the third check shall be made at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. An estimate of hours to complete the map check (after the third check) shall be made in writing to the Contract Officer for approval as specified in Section 1.6 — Additional Services of the Agreement. Compensation for the first three map checks shall be distributed at the following schedule: First Map Check 65% of the Total Map Check Fee Second Map Check 20% of the Total Map Check Fee Third Map Check 15% of the Total Map Check Fee The Consultant shall be compensated upon the completion of each map check as indicated in the above schedule and in conformance with Section 2.2 of the Agreement. If a project is suspended, either definitely or indefinitely, the Consultant shall be compensated based on the last completed map check. If the map check process is completed prior to the third map check, 100% of the map check fee will be paid upon completion of the final map check. Consultant may be requested to provide additional map checks after the third check. Consultant receives no additional compensation for delivery or postage fees necessary to transmit or receive plans from City. 201 Consultant also may be requested to provide supplemental map checking or general map consulting services for specific development related engineering projects for the City as applicable. Payment shall be made in full at an hourly rate of: $ per hour— no overtime, travel time, expenses or other administrative charges will be allowable over and above the stated hourly rate schedule. 202 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. Consultant shall provide services for a term of twenty-four (24) months beginning January 1, 2009 and terminating on December 31, 2010. OFFICE HOURS The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. The Consultant shall be available to meet with City Staff during normal working hours with 48 hours advance notice. SCHEDULE The Consultant shall adhere to the following plan check schedule: Map Submittal _Map Check Turn -Around (From Receipt from City Staff) 1s Planck _ Working Days 2nd Plan Check Working Days 3`d Plan Check Working Days For larger, more complex projects such as golf course developments, one (1) additional week for the 1 st and 2"d plan check shall be provided, if necessary to complete a thorough plan check. The consultant shall advise the Contract Officer, in writing, if additional time is needed. Normal plan check operations will be conducted as follows 1 st Submittal Upon completing the 1st review, the Consultant shall submit the "red lined" plans and a copy of the applicable Plan Check List to the City. The City will provide supplemental comment as necessary and forward "red lined" plans to the applicant. 2"d and Subsequent Submittals Upon receipt of the 2" round plan check submittal from the applicant and upon completing d the 2"d review, the Consultant shall submit "red lined" plans and a copy of the applicable 2" review Plan Check List to the City. The City will provide supplemental comment as applicable and forward 2"d review 'red lined" plans to the applicant. The process of applicant correction, Consultant review followed by City review and 'red lined" plan return to applicant shall continue until approvable plans are generated and a plan approval letter is submitted to the City by the Consultant. If necessary, the Consultant shall be available to meet with City staff and/or the applicant to review the plan check comments. The Consultant will communicate directly with the 203 applicant regarding plan check issues and clarifications. The City desires an average of no more than 3 plan check rounds before final plan approval. The Consultant shall also maintain a plan check log as follows to track the plan check status. The plan check log shall include the following information: 7) Receipt Date 8) Transmittal Dates 9) Who is Receiving the Information 10) Status of Plan Check 11) Project Description and City Plan Check Number 12) Plan Check Fees The Consultant shall maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. 204 Exhibit D Special Requirements AT NO ADDITIONAL COST TO THE CITY: 1. The Consultant shall provide a hand held (type) cellular telephone for each plan checker assigned to the City Project(s) to assure rapid availability by telephone. 2. The Consultant shall provide his or her own transportation to and from the designated work site. Consultant will not be compensated for travel time to and from designated work site. 3. The Consultant shall respond to requests for plan check within twenty-four (24) hours. 4. The Consultant shall supply all necessary tools and materials to perform their work. .. 2C,5 M T4hf 4 4 a" AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: November 4, 2008 BUSINESS SESSION: ITEM TITLE: Approval of a Request for Proposal to CONSENT CALENDAR: Obtain Professional Traffic Engineering/Transportation Planning Services for the Development of Transportation STUDY SESSION: _ System Management (TSM)/Transportation Demand Management (TDM) Solutions for the Washington Street PUBLIC HEARING: and Highway 111 Commercial Corridors RECOMMENDATION: Approve a Request for Proposal (RFP) to obtain professional traffic engineering/transportation planning services for the Development of Transportation System Management (TSM)/Transportation Demand Management (TOM) solutions for the Washington Street and Highway 111 commercial corridors. FISCAL IMPLICATIONS: The cost to complete the TSM/TDM Study is currently estimated at approximately $100,000. This work effort is included in the Public Works Department Administrative Budget, in the amount of $50,000, for initiation during Fiscal Year 2008/2009. The Coachella Valley Association of Governments (CVAG) has agreed to provide 75%, up to $75,000, of the total cost. The following is the proposed project budget: City of La Quinta Contribution (Special Studies)* $25,000 CVAG Funding Contribution (Measure A/TUMF) $75,000 Total Anticipated Funding: $100,000 *Palm Desert, Indian Wells and Riverside County have all agreed verbally to share in their fair share of the $25,000; however, in order to keep this project going forward the City will front this cost and be reimbursed by the other agencies at a later date. As illustrated, adequate funding is available to support staff's recommendation. CHARTER CITY IMPLICATIONS: None. This work objective is limited to obtaining professional services and will not directly result in the construction of a specific improvement. BACKGROUND AND OVERVIEW: The purpose of this study is to develop Transportation System Management (TSM) and Transportation Demand Management (TDM) solutions for the Washington Street and Highway 111 corridors within the City of La Quinta. Traffic volumes along portions of the Highway 111 and Washington Street corridors have increased in recent years, particularly for the north and east legs of the Washington Street at Highway 111 intersection. Retail developments in La Quinta and nearby cities tend to draw traffic from a much wider area. This has also increased peak hour volumes within these corridors. Of particular concern are the intersections at Highway 111 at Washington Street and Washington Street at Fred Waring Drive. This study will develop and evaluate potential TSM/TDM alternatives which may reduce travel delays either through: a) a more effective use of existing capacity, b) adding capacity (if feasible), c) traffic signal synchronization, d) encouraging motorists to use transit, car/van pooling, etc., e) encouraging motorists to travel at less congested times, and/or f) encourage pedestrian and bicycle alternatives. Completion of the TSM/TDM Study will assist the City of La Quinta in exploring potential options which may serve to cost effectively address existing and anticipated congestion along the Highway 111 and Washington Street corridors. On July 28, 2008, CVAG's Executive Committee authorized payment of 75% of the cost, estimated at $100,000, for completing the TSM/TDM study for traffic congestion solutions for the Washington Street and Highway 111 corridors within the City of La Quinta. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Request for Proposal to obtain professional traffic engineering/transportation planning services for the development of Transportation System Management (TSM)/Transportation Demand Management (TDM) Solutions for the Washington Street and Highway 111 commercial corridors; or 207 2. Do not approve a Request for Proposal to obtain professional traffic engineering/transportation planning services for the Development of Transportation System Management (TSM)/Transportation Demand Management (TDM) solutions for the Washington Street and Highway 111 commercial corridors; or 3. Provide staff with alternative direction. Respectfully submitted, Ti othy R. Jon sso h,.E. Public Works Director/City Engineer Approved for submission by: 2i Thomas P. Genovese, City Manager Attachment: 1. TSM/TDM Request for Proposal 208 Attachment 1 CITY OF LA QUINTA REQUEST FOR PROPOSAL DEVELOPMENT OF TRANSPORTATION SYSTEM MANAGEMENT (TSM) AND TRANSPORTATION DEMAND MANAGEMENT (TDM) SOLUTIONS FOR THE WASHINGTON STREET AND HIGHWAY 111 COMMERCIAL CORRIDORS INVITATION You are hereby invited to submit a Proposal to Provide Professional Traffic Engineering/Transportation Planning Services for the development of Transportation System Management (TSM) and Transportation Demand Management (TDM) solutions for the Washington Street and Highway 111 Commercial Corridors within the City of La Quinta. Five (5) copies of your proposal shall be submitted no later than 5:00 p.m. on Friday, December 12, 2008. Proposals will be submitted to the attention of Mr. Bryan McKinney, P.E., Principal Engineer, P.O. Box 1504, 78-495 Calle Tampico, La Quinta, California 92247. II. BACKGROUND The City of La Quinta is centrally located with the Coachella Valley economic sub -region. The Coachella Valley is a 2,500 square mile economic sub -region of Riverside County. The Coachella Valley consists of the nine incorporated Cities of La Quinta, Desert Hot Springs, Palm Springs, Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, Indio and Coachella, and portions of the unincorporated County of Riverside. The City of La Quinta represents 35.3 square miles and boasts a permanent population of 41,092 and a seasonal population of approximately an additional 16,000. The purpose of this study is to develop Transportation System Management (TSM) and Transportation Demand Management (TDM) solutions for the Washington Street and Highway 111 Corridors within the City of La Quinta. For the purpose of this analysis: Washington Street is (or will be) a six lane divided roadway from Interstate 10 south to Avenue 52. Washington Street serves a variety of land uses and is one of the City's primary "gateway" corridors into and out of the City. Within the City of La Quinta, Washington Street extends from Palm Royale Drive to Avenue 52 (approximately 4 miles) 209 and serves a variety of land uses, including residential, resort residential, commercial retail, resort commercial, recreational and commercial office. Highway 111 is (or will be) a six lane divided roadway which extends through -out the Coachella Valley, from Interstate 10 near Palm Springs southeast to the Imperial County line. Highway 111 is also one of the City's primary "gateway" corridors and also serves as the City's "core" for commercial development. Within the City of La Quinta Highway 111 extends from the bridge at the City of La Quinta/Indian Wells boundary to Jefferson Street (approximately 2.5 miles). The City's Comprehensive General Plan adopted in March 2002, established a policy that for peak operating periods Level of Service D (or a maximum of 90% capacity) was considered a generally acceptable level for all intersections. Obviously, this goal cannot be obtained in all circumstances. The General Plan acknowledged that while build out of the General Plan was not expected to result in any intersections operating at levels worse than Level of Service D, there would be temporary periods where traffic volumes could exceed capacity at intersections. The plan also predicted that average daily traffic volumes on Highway 111 east of Washington Street and Washington Street north of Highway 111 would significantly exceed capacity. Recognizing that the physical constraints of the nearby mountain topography and the existing development patterns limit opportunities for the construction of new roadways to augment the existing circulation system and relieve congestion on arterials, the City adopted a statement of overriding considerations as part of the approval of the General Plan. Traffic volumes along portions of the Highway 111 /Washington Street corridors have increased in recent years, particularly for the north and east legs of Washington Street at the Highway 111 intersection. Retail developments which tend to draw traffic from a much wider area including nearby cities have also increased peak hour volumes at the intersection of Highway 111 and Washington Street. In addition, other adjacent valley cities are diligently working on developing their own commercial core(s) which may or may not serve to divert some of the regional trips currently being experienced. Of particular concern are the intersections at Highway 111 and Washington Street and Washington Street at Fred Waring Drive. The intersection at Highway 111 and Washington Street currently exists at its ultimate general plan configuration. Recent traffic studies of commercial development within the vicinity have forecasted the intersection's capacity to be exceeded in the near future. Due to 210 adjacent commercial development and natural topography, additional widening of this intersection that involves the acquisition of right-of- way that could impact adjacent business is less than a desirable option. The intersection at Washington Street and Fred Waring Drive is fully improved on 3 corners and is planned to be fully improved in the near future by a proposed adjacent development. Even with the proposed improvements, this intersection is forecasted to exceed its general plan capacity at seasonal peak. Based on the potential problems presented above, the City of La Quinta is seeking an analysis of potential TSM/TDM alternatives which may serve to cost effectively ease the future congestion forecasted along its commercial corridors. III. SCHEDULE The City of La Quinta anticipates the Final Report to be complete and ready for presentation to the City Council within six months from the execution of the contract documents and issuance of the Notice to Proceed. IV. SCOPE OF SERVICES Consultant shall perform the following services: 1. Project Orientation: Consultant shall meet with City staff to discuss project details, and expectations. 2. Assessment of Existing Conditions: Consultant shall be responsible for collecting all necessary data to appropriately establish the existing conditions affecting the Highway 111 and Washington Street commercial corridors within the City of La Quinta. 3. Development and Evaluation of Feasible Alternatives: Consultant will develop and evaluate any potential TSM/TDM alternatives which may reduce travel delays either through: a) a more effective use of existing capacity, b) adding capacity (if feasible), c) traffic signal synchronization, d) encouraging motorists to use transit, car/van pooling, e) encouraging motorists to travel at less congested times, or a combination of the above. These strategies should be presented in an analysis to mitigate congestion along a roadway segment, improve an intersections level of service, or improve a critical movement, and f) encourage pedestrian and bicycle alternatives. 4. Development of Implementation Strategies and Cost: Consultant shall develop and recommend an implementation strategy which includes the approximate cost and possible funding source for each strategy recommended. 5. Status Meeting: A project schedule shall be generated for quality control purposes where the Consultant will meet with the City's Project Manager during the Field Review process for the purposes of reviewing status and resolving any questions that arise during survey. Monthly meetings shall be considered the minimum. 6. Reporting: Using the information collected and analysis performed, an Executive Summary and Final Network Report (suited to an audience of managers or council members) will be submitted in binder form (5 copies as a hard copy reference) as well as a digital copy. Within this report the following items should be included: a. Executive Summary b. Methodology c. Existing Conditions d. Recommended TSM/TDM Strategies e. Implementation Plan f. Implementation Cost g. Potential Funding Sources 7. Presentation: The Consultant must be prepared to present the findings of the Report to upper management and City Council at a regular City Council Meeting or Study Session. V. CONSULTANT'S PROPOSAL AND COMPENSATION The Consultant's Proposal shall include the following: A. A statement that this RFP shall be incorporated in its entirety as a part of the Consultant's Proposal. B. A statement that this RFP and the Consultant's Proposal will jointly become part of the "Agreement for Professional Consultant Services" for this project when said Agreement is fully executed by the Consultant and the Mayor or City Manager of La Quinta. C. A statement that the Professional Services to be provided, and fees therefore, will be in accordance with the City's RFP, except as otherwise specified in the Consultant's Proposal under the heading "EXCEPTIONS OR ADDITIONS TO THE CITY'S REQUEST FOR PROPOSAL." 212 D. A single and separate section with the heading "EXCEPTIONS OR ADDITIONS TO THE CITY'S REQUEST FOR PROPOSAL" containing a complete and detailed description of all of the exceptions to the provisions and conditions of this Request for Proposal upon which the Consultants Proposal is contingent and which shall take precedent over this RFP. E. Recent project level experience and qualifications of the consultant's Project Manager and how they relate to the tasks identified in the scope of work. A statement of qualifications applicable to this project including the names, qualifications and proposed duties of the Consultant's staff to be assigned to this project; a listing of recent similar projects completed, including the names, titles, addresses, and telephone numbers of the appropriate persons whom the City could contact. If one or more of the Consultant's Staff should become unavailable, the Consultant may substitute other Staff of at least equal competence only after prior written approval by the City. A resource allocation matrix must be submitted with the Proposal. The resource allocation matrix must list detailed tasks in rows and the appropriate individuals (Job Title Only), as well as the number of hours that these individuals will be working on each task listed, will be included in adjacent columns. The Consultant shall include a proiect schedule with milestones. F. A statement of sub -consultants qualifications applicable to this project including the names, qualifications and proposed duties of the sub -consultant's staff to be assigned to this project; a listing of recent similar projects completed including the names, titles, addresses and telephone numbers of the appropriate persons whom the City could contact. The Consultant will not be allowed to change the sub - consultant without prior written permission from the City. G. A statement that all charges for Professional Consultant services is a "Not -to -Exceed Fee" as submitted with and made a part of said Consultant's Proposal. Payment will be for actual time and materials expended in furnishing authorized professional services. H. A copy of the Consultant's hourly rate schedule and a statement that said hourly rate schedule is part of the Consultant's Proposal for use in invoicing for progress payments 213 VI VII and for extra work incurred that is not part of this RFP. All extra work will require prior approval from the City. A statement that the Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. GENERAL COMPLIANCE WITH LAWS The Consultant shall be required to comply with all federal, state, and local laws and ordinances applicable to the work. PAYMENT(S) TO CONSULTANT A. The City will pay the Consultant for all actual time and materials expended in furnishing all authorized and acceptable Professional Consultant Services. B. The payments shall be based on task. The "Not -to -Exceed Fee" shall be the sum total of all tasks. An itemized cost breakdown for the work described herein must be submitted in a separate sealed envelope. C. Task shall include, but not be limited to, all Professional Consultant services. D. Sub -categorization of tasks is permitted to better define the task for payment. E. Reimbursement costs such as mileage, printing, telephone, photographs, postage and delivery, shall be included in the "Not -to Exceed Fee." F. All tasks including labor and reimbursable cost such as mileage, printing, telephone, photographs, postage and delivery shall have supporting documentation presented at the time payment is requested. G. The City will pay the Consultant for all acceptable services rendered in accordance with the "Agreement for Professional Consultant Services." H. When the Consultant is performing, or is requested to perform, work beyond the scope of service in the "Agreement for Professional Consultant Services," an "Amendment to the Agreement" will be executed between the City and Consultant. •• 214 Vill. INSURANCE Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of the City's Professional Services Agreement (PSA), insurance in accordance with section 5.0 INSURANCE, INDEMNIFICATION AND BONDS of the PSA. IX. TERMINATION FOR CONVENIENCE OF THE CITY The City reserves the right to terminate the "Agreement for Professional Consultant Services" for the "convenience of the City" at any time by giving ten (10) days written notice to the Consultant of such termination and specifying the effective date thereof. All finished or unfinished drawings, maps, documents, field notes and other materials produced and procured by the Consultant under the said aforementioned Agreement is, at the option of the City, City property and shall be delivered to the City by the Consultant within ten (10) working days from the date of such termination. The City will reimburse the Consultant for all acceptable work performed as set forth in the executed Agreement. X. INDEPENDENT CONTRACTOR The Consultant's relationship to the City in the performance of the Consultant's services for this project is that of an independent contractor. The personnel performing said Professional Consultant services shall at all times be under the Consultant's exclusive direction and control and shall be employees of the Consultant and not employees of the City. The Consultant shall pay all wages, salaries and other amounts due his employees in connection with the performance of said Services and shall be responsible for all employee reports and obligations, including but not necessarily restricted to, social security, income tax withholding, unemployment compensation, and Workers' Compensation. XI. CONTRACT The Contract includes the Professional Services Agreement (PSA), Consultant's Proposal, and City's Request for Proposal. The City's PSA is attached. The Consultant should note any exceptions or requested changes they believe are necessary in order for Consultant to accept/sign the City's PSA. 215 XII GENERAL CONDITION A. Pre -contractual expenses are defined as expenses incurred by the Consultant in: Preparing the Proposal; 2. Submitting the Proposal to the City; 3. Presentation during selection interview; 4. Negotiating with the City any matter related to this Proposal; 5. Any other expenses incurred by the Consultant prior to an executed Agreement. The City shall not, in any event, be liable for any pre -contractual expenses incurred by the Consultant. B. The Consultant is responsible for notifying Underground Service Alert and providing proper traffic control where necessary, at no additional expense to the City. C. The City reserves the right to withdraw this RFP at any time without prior notice. Further, the City makes no representations that any Agreement will be awarded to any Consultant responding to this RFP. The City expressly reserves the right to postpone reviewing the Proposals for its own convenience and to reject any and all Proposals responding to this RFP without indicating any reasons for such rejection(s). D. The City reserves the right to reject any or all Proposals submitted. Any Contract awarded for these consultant engagements will be made to the consultant who, in the opinion of the City, is best qualified. E. Any Contract to be awarded as a result of this Request for Proposal will be awarded without discrimination based on race, color, religion, sex, or national origin. F. The Consultant's Proposal shall be no more than 30 pages, excluding a cover letter of up to two pages, dividers, and certificates. The RFP will not be counted when included in the Proposal. 216 XIII. SELECTION CRITERIA A. The Consultant may be invited to a selection interview. The Proposals will be rated according to the following criteria: 1. Demonstrated understanding of the scope of work of the project; 2. Qualification and experience of the Consultant's project manager that will be assigned to this project. The project manager will be the "point man" of contact with the City on all issues related to this project. This project manager will have intimate knowledge of the project and will deal with the City staff frequently; 3. Adequate available staff with substantial appropriate ability and experience on like projects to be assigned full term to this project; 4. Sub -Consultants' demonstrated understanding of the scope of work for the project; 5. Proven recent experience on projects of like nature. Include description of work performed and technologies used for other public agencies and provide reference contact phone numbers. This information is required of all sub consultants used in this project. B. Proposals failing to provide sufficient information and assurances of performance to accurately assess each category of the required services and failing to comply with requirements and conditions of the RFP will not be given further consideration. Encl. (1)A copy of the City's Professional Services Agreement is attached as an exhibit (before any work is performed on the project, the Agreement must be fully executed). 21.7 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. �. 218 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, 219 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 7.8 220 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. iZKiP]:1�71 Ie� [�LLiISINWi1,"D 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. 2?1 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 222 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 223 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. 224 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. 225 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 226 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 227 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 228 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 re►eases, 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. 21 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. 230 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. 231 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 232 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. 233 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: 234 Date: 235 Last Revised 1-19-07 Exhibit A Scope of Services 236 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 ($) except as specified in Section 1.6 - Additional Services of the Agreement. • 237 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. 233 Last Revised 1-19-07 Exhibit D Special Requirements 231, cewyl 4 XP Qu&rcu COUNCIL/RDA MEETING DATE: November 4, 2008 ITEM TITLE: Consideration of 2nd Quarter Community Services Grants and Funding Requests RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: / CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: An Ad -Hoc Committee received $47,660 in requests for consideration. The Committee is recommending funding up to $17,160 from the $61,670 funds available leaving $44,510 in the Special Project Contingency account (101-3001- 451.80-01) for future consideration. CHARTER CITY IMPLICATIONS: I010M BACKGROUND AND OVERVIEW: An Ad -Hoc Committee, comprised of Mayor Adolph and Council Member Kirk, reviewed twelve grant applications from various local organizations. The Grant Guidelines indicate only non-profit organizations are eligible and are limited to $5,000 in funding. Grant recipients cannot receive consecutive year funding as stated in the City of La Quinta Grant Guidelines (Attachment 1). The exception to consecutive year funding is for requests for City facility rental fees by non-profit organizations. A summary of all previous Community Services Grant Funding requests and amounts awarded in the 2008-2009 Fiscal Year is provided as Attachment 2. The following table summarizes the requests and Ad -Hoc Committee's recommendation for this 2Id quarter: 240 Applicant Applied Committee's Recommendation American Cancer Society $5,000 $2,500 Ben Franklin Elementary School $5,000 $1,000 CASA for Riverside County, Inc. $5,000 $1,000 Desert Cities Pop Warner Football and Cheer $1,160 $1,160 Eisenhower Medical Center (EMC) - Desert Diabetes Club $5,000 $1,000 La Quinta High School Debate Team $4,500 $1,000 La Quinta High School - Mock Trial Team $1,000 $1,000 Palm Springs Cultural Center - Farmers Market $5,000 $3,500 Soldiers Organized Services (S.O.S.) $5,000 $5,000 City of Palm Springs $1,000 0 Desert AIDS Project $5,000 0 Palm Springs Women In Film $5,000 0 Total $47,660 $17,160 Recommended Grant Requests of $5,000 or Less: Of the twelve submitted grant requests for $5,000 or less, the Ad -Hoc Committee has chosen to recommend nine of these grant requests for City Council consideration: 1. American Cancer Society - Relay For Life (Attachment 3). The American Cancer Society - Relay For Life is requesting $5,000 to sponsor the three Relay For Life events here in the Coachella Valley. Sixty percent of the funding will stay in the local community to support local cancer patients; the other forty percent will go towards funding cancer research. The American Cancer Society was previously funded in Fiscal Year 2003-2004. The Ad Hoc -Committee recommended funding $2,500. 2. Ben Franklin Elementary School (Attachment 4). Ben Franklin Elementary School is requesting $5,000 to purchase a binding machine (the total cost for this machine is $5,000; an estimate was provided to staff). The binding machine would be used to publish books for student writings. Students' books would then be on display at parent conferences and for school projects; some books would be sent to students' adopted pen pals. This school has never been funded. The Ad -Hoc Committee recommended funding $1,000. 3. CASA for Riverside County, Inc. (Attachment 5). CASA for Riverside County, Inc. is requesting $5,000 to sponsor children who have been removed from their homes due to abuse, neglect, and or abandonment and have been placed in foster homes. Currently, there are over 20 children residing in foster homes here in La Quinta. This funding would allow CASA to continue their advocating services for these La Quinta children. This organization has never been funded. The Ad -Hoc Committee recommended funding $1,000. 241 4. Desert Cities Pop Warner Football and Cheer (Attachment 6). The Desert Cities Pop Warner Football and Cheer is requesting $1,160 to cover the cost of rental fees for usage of the La Quinta Senior Center. They would like to use the Senior Center to hold an end -of -the -season Ceremony/Banquet for their youth participants, staff, and sponsors. This youth sports organization has never been funded. The Ad -Hoc Committee recommended funding $1,160 for Senior Center rental fees. 5. Eisenhower Medical Center (EMC) - Desert Diabetes Club (Attachment 7). Eisenhower Medical Center - Desert Diabetes Club is requesting $5,000 to sponsor the club's monthly lectures and annual "Day of Hope for Diabetes" event in March. These funds would be used to support the diabetes educational speakers' fees and expenses, necessary Annenberg venue support, and events publicity. This organization has never been funded. The Ad -Hoc Committee recommended funding $1,000. 6. La Quinta High School Debate Team (Attachment 8). The La Quinta High School Debate Team is requesting $4,500 to sponsor the debate team's transportation and league costs. Funding would cover transportation costs to and from the UCLA and Stanford debate tournaments, the $400 needed for league dues, and transportation to the local tournaments. The high school cannot assist the team with costs this year due to state budget cuts. This school organization was previously funded in Fiscal Year 2006-2007. The Ad -Hoc Committee recommended funding $1,000. 7. La Quinta High School - Mock Trial Team (Attachment 9). The La Quinta High School Mock Trial Team is requesting $1,000 to assist with the annual fees associated with the participation in the Riverside County Mock Trial competition. Annual fees are $750; additional funding will be used to assist with transportation of students to the Indio and Riverside Courthouses. This school organization has never been funded. The Ad -Hoc Committee recommended funding $1,000. 8. Palm Springs Cultural Center, Certified Farmers Market at Old Town La Quinta (Attachment 10). The Palm Springs Cultural Center is requesting $5,000 to assist with recovering all of their annual direct costs associated with operating and managing a Farmers Market in Old Town La Quinta. Direct costs would include such things as accounting, paying bills, managing the communication function, including advertising, securing sponsorships, various meetings, and preparing grant requests. All funding and revenues secured for and by the La Quinta Farmers Market would be used solely for maintaining and enhancing the La Quinta Farmers Market. This organization has never been funded. The Ad -Hoc Committee recommended funding $3,500, with payment being issued at the end of the Farmers Market season. 9. Soldiers Organized Services (S.O.S.) (Attachment 11). The Soldiers Organized Services is requesting $5,000 to assist with gas costs when 2 4 7 transporting military personnel to the 29 Palms base. They would also use funds to pay for airport licensing and fees; minimal office fees such as the phone bill, as the phone is used to coordinate rides; and for promotional material used to request donations. This organization has never been funded. The Ad -Hoc Committee recommended funding $5,000. Three Grant Requests not recommended for funding and/or did not meet the criteria in the Grant Guidelines include: 1. City of Palm Springs (Attachment 12). The City of Palm Springs is requesting $1,000 to sponsor their Veterans Day Parade on Nov. 11, 2008. Funds would be used to pay for event production services. 2. Desert AIDS Project (Attachment 13). The Desert AIDS Project is requesting $5,000 to support medical care and comprehensive support services to people living with HIV/AIDS in the desert community. One hundred percent of funding would benefit their client services which include use of their medical clinic, medication, housing, and food assistance. 3. Palm Springs Women In Film (Attachment 14). The Palm Springs Women In Film is requesting $5,000 to sponsor their Workshop Film and Television Speaker Luncheon Series. Funds would be used to acquire guest speakers, provide more workshops, and to further promotion of events. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve funding for one or more of the following organizations: American Cancer Society — Relay For Life in the amount of $2,500; Ben Franklin Elementary School in the amount of $1,000; CASA for Riverside County, Inc. in the amount of $1,000; Desert Cities Pop Warner Football and Cheer in the amount of $1,160; Eisenhower Medical Center — Desert Diabetes Club in the amount of $1,000; La Quinta High School Debate Team in the amount of $1,000; La Quinta High School — Mock Trial Team in the amount of $1,000; Palm Springs Cultural Center for Farmers Market in the amount of $3,500; Soldiers Organized Services in the amount of $5,000. 243 2. Do not approve funding for one or more of the following organizations: American Cancer Society - Relay For Life in the amount of $2,500; Ben Franklin Elementary School in the amount of $1,000; CASA for Riverside County, Inc. in the amount of $1,000; Desert Cities Pop Warner Football and Cheer in the amount of $1,160; Eisenhower Medical Center - Desert Diabetes Club in the amount of $1,000; La Quinta High School Debate Team in the amount of $1,000; La Quinta High School - Mock Trial Team in the amount of $1,000; Palm Springs Cultural Center for Farmers Market in the amount of $3,500; Soldiers Organized Services in the amount of $5,000. 3. Provide staff with alternative direction. Respectful y submitted, Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. City of La Quinta Grant Guidelines 2. 2008-2009 Community Services Grant Awards 3. American Cancer Society - Relay For Life 4. Ben Franklin Elementary School 5. CASA for Riverside County, Inc. 6. Desert Cities Pop Warner Football and Cheer 7. Eisenhower Medical Center - Desert Diabetes Club 8. La Quinta High School Debate Team 9. La Quinta High School - Mock Trial Team 10. Palm Springs Cultural Center for Farmers Market 11. Soldiers Organized Services 12. City of Palm Springs 13. Desert AIDS Project 14. Palm Springs Women In Film 244 ATTACHMENT 1 U t. cF`y OF TKE� GRANT GUIDELINES The City of La Quinta offers the Grant Program for Community Services Support and Economic Development/Marketing and Sponsorships. Community Services Grants go to recognized nonprofit organizations that benefit the residents of La Quinta. Priority for funding is granted to organizations that directly benefit La Quinta residents, second consideration is given to organizations that indirectly affect the quality of life for the residents of La Quinta. Economic Development Grants go to organizations that will help strengthen the business community of La Quinta. Marketing and Sponsorship Grants go to organizations that would benefit the City of La Quinta in a marketing capacity. Individuals are not eligible for funding through the City of La Quinta Grant Program. Organizations that receive Community Development Block Grants from the City of La Quinta during the same fiscal year are not eligible for funding through the Community Services Grant program. Organizations that have been funded are ineligible for funding for the next fiscal year. Requests are limited to an amount not to exceed $5,000. La Quinta service organizations may request funds to be applied directly to rental fees for City facilities for consecutive years without the $5,000 funding limit. Completed grant applications will be initially reviewed by a designated Grant Review Committee who will then recommend consideration of approved grants to City Council. Grant applications will be considered by City Council at the first City Council meetings in August, November, February, and May of each fiscal year. Applications are due three weeks before the scheduled City Council meeting. Applicants will be informed 1-2 weeks prior to the City Council meeting regarding the status of their request. Typed applications are preferred. Incomplete applications will be returned to the applicant. Organizations requesting "seed" money are required to obtain matching funds from other sources in the same fiscal year before Community Service Grant funds will be released. For more information on the City of La Quinta Grant program, please contact the Community Services Department at (760) 777-7090. 245 2008-2009 COMMUNITY SERVICES GRANT AWARDATTACHMENT 2 Available Funding for Grants $100,000 DATE ORGANIZATION AMOUNT REQUESTED AMOUNT FUNDED 8/5/2008 ACT for MS $2,000 $2,000 8/5/2008 Alzheimer's Association $5,000 $2,000 8/5/2008 Boys & Girls Club of C.V. - La Quinta Unit $5,000 $5,000 8/5/2008 Coachella Valley Symphony $5,000 $4,500 8/5/2008 Community Blood Bank $5,000 $5,000 8/5/2008 First Composite Group - General Patton Center $2,000 $2,000 8/5/2008 The Living Desert $5,000 $5,000 8/5/2008 Prestige at PGA West $5,000 $5,000 8/5/2008 Soroptimist International of La Quinta $4,050 $4,050 8/5/2008 Osher Lifelong Learning Institute $3,780 $3,780 8/5/20081 Desert ARC $5,000 $0 8/5/2008 La Quinta Playhouse $6,500 $0 TOTAL DISTRIBUTED FUNDS REMAINING BALANCE IN SPECIAL PROJECT CONTINGENCY ACCOUNT $38,330 $61,670 240 GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: American Cancer Society/RELAY FOR LIFE Amount Requested: $5ann_nn Contact Person: Leticia Urquiza - Relay For Life Manager Mailing Address: 73161 Fred Waring Dr. #100 City: Palm Desert State: CA Zip Code: 92260 Home Telephone: oFFrr.F - 760-568-2691 -7 Cn0 5 7q—'79 b(,e Work Telephone:_ E-mail Address: Leticia.urquiza@cancer.org 501(c)3 Taxpayer I.D. Number: 94-1170350 Date Application Submitted: September 5, 2008 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. CITY OF LA QUINTA GRANT APPLICATION ( Typed applications are preferred) Please check which grant funding you are applying for: )DOIX Community Services Support Economic Development/Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? The American Cancer Society is the nationwide community -based voluntary health organization dedicated to eliminating cancer as a major health problem by preventing cancer, saving lives, and diminishing suffering from cancer, through research, education, advocacy and service. 2. How long has your Organization been in existence? The American Cancer Society has been in existence for 95 years; Relay For Life, their signature event, was started in 1985in Tacoma, Washington. 3. Describe in general the activities or services of your Organization: Through Relay For Life we provide the community with a 24-hour life- changing event to CELEBRATE the lives of those who have battled cancer and won. REMEMBER loved ones who lost the battle and encourage the community to FIGHT BACK365 days a year for a disease that takes too much. The services which benefit from the money raised annually during this event include: Website information, 800 number, Patient support services, Look Good Feel Better, Reach to Recovery, Road to Recovery, Guestroom Program, Man to Man, Callback Initiative and I CAN COPE. 4. How many people does your Organization currently serve? In the last fiscal year 2007, Desert Palms Area Office served 1,361 patients with information and services. Of those served there were 19 unique patients residing In La Quinta, they received.• 8-Cali Backs 11- Gift items (wigs) 12- Look Good Feel Better 1- Reach to Recovery 5- Transportation reimbursements 5. How many people do you intend to serve during this fiscal year? American Cancer Society does not maintain records by age. No. of Youth No. of Adults No. of Seniors 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth No. of Adults No. of Seniors The answer to both the questions above will equal the number ofpeople our local Relay For Life has an impact on this year. We go through the community as volunteers telling people about the Relay, inviting them to join up with a team 248 and invite a survivor to the event. Our humble goals as volunteers this year were to reach out and touch 100 teams with 10-15 people on them and to have 400t survivor come and give HOPE to our people who are newly diagnosed. 7. How many paid employees/volunteers does your Organization employ? Desertpalms Area office Full time employees 4-four Part time employees 1-one Volunteers 200t 8. Describe how your Organization is managed and governed: Dedicated volunteers who form committees to speak to organizations and raise cancer awareness run Relay For Life. The end result of one year's worth of volunteering is the "Relay For Life 'in the community. The American Cancer Society is a volunteer driven organization with a local leadership council who oversee the events and direct with care the efforts of the volunteers. 9. Please provide information on your Executive Board members or contact person: Russ Russell Leadership Council Chair71950 How 111 "S"Rancho Mirage Pat Goody Executive Director 73161 Fred Waring Dr. Palm Desert #100 760-568-2691 Leticia Urauiza Relay For Life Manager 73161 Fred Waring Dr. Palm Desert # 100 760-568-2691 10. What is your annual schedule of events, and during what months does your Organization Operate? The American Cancer Society's fiscal year is September 1 — August 30. Relay For Life happens in three desert communities annually during the year on the following approximate dates. Palm Desert Relay For Life — November 1 & 2, 2008 Indio Relay For Life — March 7 & 8, 2009 Palm Springs Relay for Life—April4 & 5, 2009 Desert Spirit "—April19, 2009 The volunteers for Relay For Life put together other ongoing events such as the 2008 Paint the Town Purple, Relay Kick offs for returning teams, and speaking engagements to promote Relay For Life. 11. Do you charge admission, membership fees, dues, etc.? X YES X NO All American Cancer Societypatient support services are free of charge. Registration to be on a team for Relay For Life is $10 dollars per person, otherwise free to the public. Our survivors and caregivers are recognized and are not charged any fees. 12. What are your other sources of revenue for this funding year? Private funds and donations. 249 13. Amount of money requested from the City of La Quinta? $5,000.00 dollars 14. Has your Organization been funded by the City of La Quinta previously? YES I believe in the year 2002. 15. Please provide the name and address of the bank in which the Organization's funds are kept: The Bank ofAmedca 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Stephen Browning Regional Vice President Sandy Smith Regional Operations officer 17. Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded: The need for funds is clear— this year one out of three people will be diagnosed with cancer (ACSHandbook 2007). Of the funds raised by volunteers and generous donations from private parties, 60% of the money stays in the local community for our local cancer patients The other 40% goes to fund cancer research, which benefits everyone. 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grand funding, please explain how the City of La Quinta and/or local businesses would be benefited. Our local cancer patients and their families will benefit from services. Look Good Feel Better Man to Man Reach to Recovery Road to Recovery Call Backlnthahve Transportation Assistance Guest Room Program 1-800 ACS-2345 Cancerorg website And 40016 of the money raised will go to fund cancer research. Recognition for the City of La Quinta includes printed materials such as Brochures, T-shirts, and event books show the entire Community who contributed to the Relay For Life to make it a success. 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. 20. Attach a copy of your Program Operating Budget for the current year. Our budget is based on private funds and donations. 250 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. Please see attached, 251 ATTACHMENT 4 FISCAL YEAR 2008-2009 BEN FRANKLIN ELEMENTARY SCHOOL Name of Organization: Amount Requested: $ 5,000- Contact Person: TRACEY SCOGGIN BALLEW Mailing Address: 77-800 CALLE TAMPICO City: LA OUINTA State: CA Zip Code: 92253 Home Telephone: CELL:805-320-7833 Work Telephone: 760-238-9424 E-mail Address: Tracev.Scoggin(a)dsusd.us 501(c)3 Taxpayer I.D. Number: PUBLIC SCHOOL [ON FILE] Date Application Submitted: OCTOBER 09, 2008 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. CITY OF LA QUINTA GRANT APPLICATION (T)ped applications are preferred) Please check which grant funding you are applying for: _X Community Services Support Economic Development/Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? To educate, train children and prepare them to acquire the skills needed to be productive members in society. 2. How long has your Organization been in existence? _3_Years _2_Months DSUSD 50+ YEARS 3. Describe in general the activities or services of your Organization: We educate, motivate, develop and teach character in children grades K — 5. 4. How many people does your Organization currently serve? No. of Youth 560 No. of Adults 38 No. of Seniors 5. How many people do you intend to serve during this Fiscal Year? No. of Youth _560 No. of Adults _38 No. of Seniors _150_ 6. How many people served during this Fiscal Year will be La Quinta residents? 253 No. of Youth 560 No. of Adults 21 No. of Seniors 150 How many paid employees/volunteers does your Organization employ? Full time employees 29 Part time employees 9 Volunteers 145 8. Describe how your Organization is managed and governed: Due to being an elementary school and part of Desert Sands School District (DSUSD) we are managed by our principal and governed by the superintendent of schools and board members of DSUSD. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Matt Bugg Principal 77-800 Calle Tampico LO 760/238-9424 Tracey Scoggin Ballew Teacher 11 11805/320-7833 10. What is your annual schedule of events, and during what months does your Organization operate? Our school year is August through June. Our school is open to public use on a year round basis. The school's sport fields are used daily. The Multi -Purpose room is used by several community groups alone with a church on Sunday. We want to be here for the community seven days a week. 11. Do you charge admission, membership fees, dues, etc? Yes _X_ No If yes, please describe: 12. What are your other sources of revenue for this funding year? 254 13 14. 15. Source State Budeet Our PTO helps raise funds for special school projects. Total Needed $ Total Received $ Balance $ Amount of money requested from the City of La Quinta? $5,000. Amount $1225. Has your Organization been funded by the City of La Quinta previously? Yes X No If yes, when? Please provide the name and address of the bank in which the Organization's funds are kept: Wells Fargo Bank 707 Wilshire Blvd. 16s' Floor Los Angeles, CA 90017 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Title: Matthew Bugg Principal Kelly May TRAC + EL Coordinator 255 17. Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. We are requesting to purchase a binding machine. This item would not be purchased by the school district or our school due to budget restrictions. This machine will allow us to publish books for student writings It will give students encouragement to continue refining their writing skills by having their books on display for parent conferences and school projects. Since we are an International Baccalaureate school, this binding machine Will allow for students to send books to our adopted pen pals and to the students that we have adopted that live in the village of Hildago Mexico. When students see their own work professional bound it gives them great pride and ownership of what they have accomplished In connection and focus on writing skills and preparing students for the state wide 4a' grade writing test writing is one of our Smart Goals school wide. 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. If funded this piece of equipment will benefit all our students this year and many years to come due to the heavy duty nature of the machine. If funded we will also prepare special stories and bind them for our students to deliver and spend time with the seniors at the La Quinta Senior Center where the 150 seniors will have the opportunity to meet and interact with our students. We will enter our bound books in the Date Fair where the entire county may view our student work. 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. N/A 20. Attach a copy of your Program Operating Budget for the current year. N/A 21. Non-profit Organizations must attach a copy of the organization's current IRS Form "0. N/A ' Ben Franklin School is a low income school. We are meeting and exceeding the State Standards regarding state test scores, and it is truly a community based school. ATTACHMENT 5 GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: CASA for Riverside County, Inc. Amount Requested: $5,000 Contact Person: Deborah Sutton, CEO Mailing Address: P.O. Box 3008 City: Indio State: CA Zip Code: 92202-3008 Home Telephone: Work Telephone: 760-863-7425 E-mail Address: dsutton(a,casariversidecounty.or¢ 501(c)3 Taxpayer I.D. Number: 33-0596888 Date Application Submitted: Applic#tions will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 957 CITY OF LA QUINTA GRANT APPLICATION Please check which grant funding you are applying for: _X_ Community Services Support Economic Development/Marketing and Sponsorships What is the overall purpose or goal of your Organization? Our mission statement is to speak for the best interest of abused, neglected and abandoned children in the courts of Riverside County. We promote and support quality volunteer representation for each child to secure a safe, permanent and nurturing home. 2. How long has your Organization been in existence? 18 Years 6 Months The concept of recruiting and training volunteers to step into courtrooms on behalf of children in the dependency court system was implemented in Seattle as a pilot program by Judge David Soukup. Today, there are over 900 CASA programs across the country. At the request of judges and community child advocates, CASA for Riverside County, Inc. was incorporated and began in 1990. 3. Describe in general the activities or services of your Organization: CASA is a single -focused agency dealing only with our community's most vulnerable population: children who have been removed from their homes due to abuse or neglect. CASA for Riverside County, Inc. recruits, screens and trains volunteers from the community to advocate for the best interest of foster children in the Juvenile Court system. Upon completion of an extensive training course of 32 hours, a CASA volunteer is sworn by the presiding Juvenile Court Judge and become Sworn Officers of the Court. The CASA volunteer has three main responsibilities: -To serve as a fact -finder for the judge by thoroughly researching the background of each assigned case; -To speak for the child in the courtroom, representing the child's best interest; -To continue to act as an advocate for the child to insure a permanency plan is completed 258 CASA volunteers are the "connective tissue" that bind together all the other entities that are charged with the child's welfare: courts, DPSS, attorneys, school systems, mental heath providers, community based nonprofits, and family members or foster placements. While these work hard to support and find appropriate placements for children, these professionals also must deal with unbelievable caseloads and multiple competing obligations which do not allow them to spend significant time working on each child's case. Only "the CASA" voluntarily devotes time to ensure that the services to ensure healthy physical and social development are available and used. 4. How many people does your Organization currently serve? For Fiscal Year ending June 30, 2008: No. of Youth: 337 No. of Adults: 0 No. of Seniors: 0 5. How many people do you intend to serve during this Fiscal Year? No. of Youth: 400 No. of Adults: 0 No. of Seniors: 0 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth: 5 No. of Adults: 0 No. of Seniors: 0 How many paid employees/volunteers does your Organization employ? Full time employees: 6 Part time employees: 1 Volunteers: 210 8. Describe how your Organization is managed and governed: The agency operates under a corporate Strategic Plan its board has developed, as well as under a set of performance measures that are mandated by the National CASA Association and the California Administrative Office of the Courts, an adjunct of the 259 Judicial Council of California, under the California Supreme Court (Rule 5.655). The agency is certified as compliant with all best practices by the National CASA Association. Please see the organizational chart below. CASA FOR RIVERSIDE COUNTY, INC. ORGANIZATIONAL CHART BOARD OF DIRECTORS Executive Director / CEO Program Director I I Executive I I Accountant Administrative Assistant Case Manager Case Manager H Case Manager Riverside South West I Indio Volunteers Volunteers Volunteers Riverside I I South West I I Indio 260 9. Please provide information on your Executive Board members or contact person: CASA FOR RIVERSIDE COUNTY, INC. Board of Directors Office Name Affiliation President Ray Fuller Musician/Philanthropist Vice President Vacant Treasurer John Sousa Director of Riverside Community College Secretary Jean Easum Supervisory Scientist, Naval Warfare Assessment Center Alex Christensen Director of Administration, Desert Aids Project Thomas Thornton Retired President and CEO of Dynamic Dimensions, Inc. David Tomato Restaurant Owner, D'Tomato's Pica Cafs Doris Wahl Retired Executive Maryls Barksey Retired Executive Patrick Ryan Retired Attorney 10. What is your annual schedule of events, and during what months does your Organization operate? CASA operates on a Fiscal Year basis, July 1 to June 30. CASA Auxiliary offices are established in three regions within the county, Riverside, Murrieta and Indio. These auxiliary committees continuously and throughout the year develop and coordinate fund raising events. Annual schedule of events include Year End Appeal Donation Request, Theater Party, Fashion Show, Golf Tournament and several Volunteer Training courses. 261 11 12. 13. 14. 15. Do you charge admission, membership fees, dues, etc? Yes X'_ No If yes, please describe: 'The children that CASA for Riverside County, Inc. serve and are not charged for any type of services nor are the volunteers that are trained to work with these children. The Board of Directors has a policy to give on an annual basis. What are your other sources of revenue for this funding year? Source Unrestricted Contributions Unrestricted Grants Fundraising Total Needed $20,000 Total Received $15,000 Balance $5,000 Amount $ 1,500 $ 10,000 $ 3,500 Amount of money requested from the City of La Quinta? $5,000 Has your Organization been funded by the City of La Quinta previously? Yes _X_ No If yes, when? Please provide the name and address of the bank in which the Organization's funds are kept: California Bank & Trust 81-701 Highway 111 Indio, CA 92201 Northern Trust Bank 69-710 Highway 111 Rancho Mirage, CA 92270 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Title: Ray Fuller President Deborah Sutton CEO Doris Wahl Alexandra Christensen 17. Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. Riverside County is the seventh largest county in the nation and is the fastest growing large County in the State of California. Current statistics with the Department of Public Social Services show that there are over 6,000 children under the care of the Riverside County Courts and are in out -of -home placement such as group homes or foster homes. Of these, there are over 20 children residing in foster care homes in the city of La Quinta who could benefit from the services of a CASA volunteer. With the maximum of $5,000 grant request, it is proposed that an additional 5 children can be served on the basis of $1,000 "scholarship" per children. This minimal amount will ensure an entire year of a consistent service to these most needy children. 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. The persons that will benefit from the use of these funds would be children who have been removed from their homes due to abuse, neglect and or abandonment and have been placed in foster homes in the City of La Quinta. These children can benefit from having a qualified CASA volunteer advocating for their best interest. Statistics show that children supported by a CASA volunteer are better situated and supported to achieve positive outcomes in their lives —lives that could otherwise be impacted by violent or antisocial forces. 263 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. 264 ATTACHMENT 6 on= GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: D]1 SM40 T /1hena, EoJL 4( aPd dc,' Amount Requested: �i ��% • 0 Contact Mailing City: Home Telephone:_7.1D- 77/- Work Telephone: Zd&- 6164/-/y/0� E-mail Code: 91,75 U 501(c)3 Taxpayer I.D. Number:y06—j d'9 5 i — C T �aJ-'�sb0 Date Application Submitted: e�%'l Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: 1. Community Services Support Economic Development/Marketing and Sponsorships What is the overall purpose or goal of your Organization? 2Z9in�ia/4c 1 �� Or�o�ii �is� ✓s � /�1 r� sic .� //i i�oc✓�/r 1� r�r� . 2. How long has your Organization been in existence? / Years Months 3. Describe in general the activities or services of your Organization: T ekl i 4-Ai✓// (' eeZ 4. How many people does your Organization currently serve? No. of Youth/ -/l/ No. of Adults No. of Seniors _Q_ 5. How many people do you intend to serve during this Fiscal Year? No. of Youth /4/ No. of Adults L� No. of Seniors 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth g!�— No. of Adults _ No. of Seniors (- 266 How many paid employees/volunteers does your Organization employ? Full time employees (— Part time employees e/ Volunteers IMme64mtZ1 e�e/'ee.t on 8. Describe how your Organization is managed/ and governed: 71LI�� ' c I.. I_I .-./ ._e..l_L_. — M1 jk.e l,/.,, F tL. i/ /' LCPiN P. /nn/Jr i ln.� 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone yo�nn.... 1-/LcGjnn - Tyr - irtl "" 7d� i rJ 10. What is your annual schedule of events, and during what months does your Organization L 11. Do you charge admission, membership fees, dues, etc? —V— Yes No If yes, please describe: & / 5 00 Z AZ'[ I c Ae r '-Polo, 41J, r, " & e , 267 12. What are your other sources of revenue for this funding year? Source Zzej,- Total Needed Total Received Balance Amount t � 13. Amount of money requested from the City of La Quinta? $ /. Mo C/o 14. Has your Organization been funded by the City of La Quinta previously? Yes —Z No If yes, when? 15. Please provide the name and address of the bank in which the Organization's funds are kept: lVellf Eacm• �nak 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Title: lhee a rel dawl- �✓�P!'nrr/lL �r/J!i/I6/CJ —_Li�ti. (iinu�r�' off Ljj:� ,u,r 4�r �' 17 Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. V I" (U/ - zw, to cAc 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be Ile vIell. w of 4/if (aya�ye 19. Attach copies of the last three months bank staienf8nts for the Organization's checking and savings account. 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. feel p /) 1Z ,Af/ //c- -/ki C6n ��lp ✓i/Ti/lam p y 9�/iy -Ilc Ci/ ..CEO vf/� U�6.fi irl Goa® Gc4,e Ile Y/,i//a 269 ATTACHMENT 7 Of � `&tit V Sep 494kro GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization �6714C" GO :e"' Amount Requested: S t145--0 . Contact Person ((ALF Mailing Address: pia 42F-n A-iztZ.OW rf?�4 I L City: tok4m ©F-sC)e - State: CA Zip Code: OIX Home Telephone: %"0— Work Telephone: E-mail Address:Sddg; LJ ® GMfr/L, COA1 501(c)3 Taxpayer I.D. Number. Date Application Submitted: �'E (: T,- Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 270 Td Wd0£:Z0 800Z £T *100 06£L t,6S L0Z : 'ON X8d Taers S Pa�jIem : WWA http://aull.googlccom/mall/7ui-2&Ik=4fdf57b6cD&attid-0.16dhp—vah&vim-att&tb=Ilbbd10aba624997 8/13/08 10:38 AM CITY OF IA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant finding you are applying for: t Community Services Support Economic Development/Marketing and Sponsorships 1. What is the overall purpose or,goal of your Organization? ra' �l le- J44t&44 V ,w Lm r riWaaoafca U 2. How long has your Organization been in existence? Ao'Z Years VMonths 271 Pa"10f3 httb:/ /mall.goWle.cam/mail/7ui-2&ik-4fdf57b6cXattid-0.18disp—vah&view—att&th— l lbbd l0aba624897 8113/08 10:39 AM 3. Describe in general the activities or services of your Organization: tL- at4y l t 3, 4. How many people does your Organization currently serve? No. of Youth S O No. of Adults /, L150 No. of Seniors /, 00-0 5. How many people do you intend to serve during this Fiscal Year? No. of Youth No. of Adults T SO No. of Seniors I j e00 6. How many people served during this Fiscal Year will be La Quetta residents? No. of Youth No. of Adults &ATNo. of Seniors Z2i5 CXdt,) 7. How many paid employees/volunteers does your Organization employ? Full time employees Part time employees /Cl04ta- Volunteers 4/0 / AF/A 1 :� 1 1 1 1 'l: 1 1 1 1 11 1: :1 1 1 • 1 1 :1 I/ ' r,, '1' rI 9. Please provide information on your Executive Board members or contact person: 10. What is your annual schedule of events, and during what months does your Organization operate? 11. Do you charge admission, membership fees, dues, etc? Yes No 12. What are your other sources of revenue for this funding year? Source Amount �. 13. Amount l l 1 1 1 money 1' :1 :s :1 1 1 11 1'City / La Quinta? /"I W. 2 7 2 Page 2 of 3 http://mall.google.a 1=0%NI=2dik-4fdf57b6cO&anW-0.16disp—vah&view-an&th-11bbd10aba624897 8/13/0810:38 AM 14. Has your Organization been funded by the City of La Quints previously? Yesy No If yes, when? 15. Please provide the name and address of the bank in which theOrganization's ftds are kept: 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Title: EMC qa&y azc 17. Need Statement. Clearly and plainly state the specific, detailed real a or need for the requested fiords and how these fiords will be used, if awarded / 9 69 18. Goal Statement. Indicate who will benefit from the use of these fiords, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant fimding, please explain how the City of La Quints and/or local businesses woulbe� fited. 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit Organizations most attach a copy of the organization's current IRS Form 990. 273 Page 3 of 3 Attachment 3. Eisenhower Medical Center Desert Diabetes Club and Day of Hope for Diabetes The Eisenhower Medical Center Desert Diabetes Club is a completely volunteer organi- zation that has been providing diabetes education to the Coachella Valley for over 22 years. The Day of Hope project for which we are seeking support has been in existence for 14 years, expanding in scope and out -reach each year. "A Day of Hope for Diabetes " is a full day day, 7 hours, event that provides state of the art research results, new product information, educational lectures from health profes- sionals and free health screenings for heart, eye, foot, and hearing. This annual event is held at The Annenberg Center on the Eisenhower Medical Center campus in Rancho Mirage and mainly serves the local cities, but with even some attendees from outside our area. This event is free and open to the public without discrimination of race, ethnic- ity, religion or political affiliation. It greatly benefits financially stressed individuals, such as those with limited medical insurance, low and moderate income and the elderly. Our primary goal is the improvement of health and life style of those with diabetes in the Coachella Valley. Because this project is free to the public, the sole income generated by the event arises from sale of product exhibitor's tables in a separate product fair section. Therefore, additional funds needed for speaker's fees and expenses, necessary Annenberg sup- port and event publicity has to come from grants provided by interested organizations. Funding from The City of La Quinta will be used in support of these expenses. 274 EISENHOWER MEDICAL CENTER DESERT DIABETES CLUB BOARD MEMBERS 1. Brian Boeckman PO Box 3401 Palm Springs, CA 92263 832-7376 2. Robert Buskas 899 Island Dr #310 Rancho Mirage, CA 92270 321-4829 3. Jim Cook 72-835 Ambrosia St Palm Desert, Ca 92260 346-8229 4. Charles Fasilis 12 Birkdale Cir Rancho Mirage, Ca 92270 992-9682 As of August 07, 2008 boeckman@silboe.net Marib37 aol.com Patcookscat(aaol.com fasilis()gmail.com 5. Mary K. O'Brien -Pritchard 51-336 Marbella Ct La Quinta, CA 92253 9724400 maryobp@yahoo.com 6. Melinda Read PO Box 2010 La Quinta, CA 92247 771-3147 TOTDTV@gwest.net 7. Michael Rooney 899 Island Dr #310 Rancho Mirage, CA 92270 321-4829 Marib37Aaol.com 18/Walfred Saari 816 Red Arrow Trail Palm Desert, CA 92211 772-8783 SaariWng Gmail.com 9. Mary Swink 137 Don Quixote Drive Rancho Mirage, CA 92270 568-6313 mswinkRLP@aol.com 10. Andrew F. Trentacosta 98 Via Bella Rancho Mirage, CA 92270 321-9382 trentacosta.a@verizon.net 213 Page two EISENHOWER MEDICAL CENTER REPRESENTATIVES Margaret Corwin Advisor 3900 Bob Hope Dr Probst #100 Rancho Mirage, CA 92270 773-1404 Mcorwin(E�emc.org Elke Jost-Vu, M.D. Medical Director 40-055 Bob Hope Dr Bldg I Suite F Rancho Mirage, CA 92270 321-5257 216 Attachment 10. The EMC Desert Diabetes Club presents monthly lectures October through June on the third Wednesday of the month. Our day long, annual "Day of Hope for Diabetes" symposium is held in March. In addition to these projects, the Desert Diabetes Club provides scholarships to financially -stressed diabetes patients for diabetes education classes at Eisenhower Medical Center. We also support diabetes education for children with diabetes and community diabetes education. Attachment 11. Membership dues for the club are $25/year, but club membership is NOT required for the monthly lectures, attendance at the "Day of Hope" or any of the club's services. No admission fees are charged at any of our events. 211 Attachment 17. Because the "Day of Hope" project is free to the community, the sole income generated from the event arises from sale of product exhibitor's tables in a separate product fair section. Therefore, additional funds needed for speaker's fees and expenses, necessary Annenberg venue support and event publicity has to come from grants provided by organizations interested in diabetes education. The City of La Quinta support will be used for these expenses. Attachment 18. Our "Day of Hope for Diabetes" project is free and open to the community without discrimination of race, ethnicity, religion or political affiliation. It offers diabetes education and inspiration to all ages, but greatly aids financially stressed individuals such as those with limited medical insurance, low and moderate income and the elderly in coping with their diabetes. 2l8 ATTACHMENT 8 GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: La Quinta High School Debate Team Amount Requested: $4500 Contact Person: Amy Douglass Mailing Address: 79-255 Westward Ho Dr. City: La Quinta State: CA Zip Code: 92253_ Home Telephone: 760.799.1862 Work Telephone: 760.772.4150 E-mail Address: aW.dougJass@dsusd.us 501(c)3 Taxpayer I.D. Number: Date Application Submitted:_ Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: _X_ Community Services Support Economic Development/Marketing and Sponsorships What is the overall purpose or goal of your Organization? The LOHS Debate Team subscribes to the goals of the California High School Speech Association's mission statement: • Every student will participate in communication activities which promote self-worth and self-esteem. • Every student will develop the critical and analytical thinking skills necessary for academic success. • Every student will develop the skills necessary for success in a competitive environment. • Every student will develop the interpersonal skills necessary for productive employment. • Every student will develop the oral communication skills necessary for effective public presentations. • Every student will develop the listening skills necessary for reaching informed decisions. • Every student will develop skills necessary for the peaceful resolution of conflict. • Every student will develop interpersonal skills necessary for establishing understanding among members of a diverse society. • Every student will develop the communication skills necessary for effective and active participation in a democratic society. • Every student will demonstrate ethical responsibility in the acquisition and practice of communication skills. 2. How long has your Organization been in existence? 3 Years Months Describe in general the activities or services of your Organization: Our team competes from September through April of everyyear. We participate in Parliamentary Debate which is a fast -paced, structured debate on theoretical topics as well as specific current events. Not only do we compete in an attempt to bring recognition to LOHS and the city of La Ouinta, but we also participate in community building and fundraising for charity. 280 4. How many people does your Organization currently serve? No. of Youth Last season we had a team of 21, we anticipate at least a 15% growth this season. 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 25-30 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth: Presumably all of our team members will be La Ouinta residents but because of the borders of the school district and the possibility of transfers, it is possible that there will be residents from neighborin cities. ities. How many paid employees/volunteers does your Organization employ? Full time employees: The team advisor receives a coach's stipend twice a year which the school district pays 8. Describe how your Organization is managed and governed: The team advisor guides the team and coaches them towards greater success. but the students govern the team as a high school club as determined by the rules and by-laws of the Associated Student Bodv and DSUSD. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Amy Douglass Team Advisor 74-425 Peppergrass Palm Desert 760.799.1862 281 10 12. 13 [Ell 15. What is your annual schedule of events, and during what months does your Organization operate? We compete from September through April with an average of two competitions a month. We practice every week twice a week and in the fall we usually have a few intensive all -day Saturday study sessions and practices. Do you charge admission, membership fees, dues, etc? No, but last year we did have to set a minimum fundraising responsibility that could be achieved by gathering donations or personal p4yment. What are your other sources of revenue for this funding year? Because of new laws that ban the sale of candypizza on campus which netted us $3000 in years past, we have no way of estimating future earnings. During the last season we received a $500 donation from the La Ouinta Soroomists, but we have no guarantee of a repeat donation. Our members raised about $1000 in donations last year We do have plans for car washes this year which have the potential of earning 1000. Total Needed _ 6000 Total Received $ Unknown Balance $ Amount of money requested from the City of La Quinta? 4500 Has your Organization been funded by the City of La Quinta previously? X Yes No If yes, when? Summer 2006 Please provide the name and address of the bank in which the Organization's funds are kept: All money is handled through DSUSD 282 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Amy Douelass Rosanna Ferraro Title: Team Advisor ASB Accountant for LQHS 17. Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. While our team is supported b� the school it is not funded by the school. If school vans are available for transportwe are usually given those for free, but that is the only assistance that LQHS gives the team In addition, the busiest parts of our season coincide with soccer and then wrestling which also use the school vans. Therefore, at this time, we don't know if those school vans will be able to be accorded to us and state budget cuts also affect the school's ability to provide those vans for free Should they be reserved by another group, we would have to rent vans at an average cost of $250 per weekend. We are hoping to branch out into fundraisers other than those listed above but we spend much of our potential fundraising time, after school and weekends practicing for competition Parlimentary Debate requires that students be well -versed in current affairs which is accomplished through four recommended magazine subscriptions and the purchase of evidence from debate websites. Our bigyest challenge this year is that we are trying to expand the club build our fledgling team_ and provide students with opportunities for scholarships through the avenue of competition. In addition to our league debates which are paid for by our yearly dues we plan on attending at least three invitational tournaments. Each competition is practice for the next one, thus making the process of competing vital to success in those competitions which hold immense scholarship potential. Last year we participated in the Claremont Invitational, the UCLA Invitational (at 283 which we made it to the semi-finals) and the Stanford Invitational We hope to participate in all of these tournaments again. Claremont High School is a member of our league and because of this, how close the school is, and the fact that it is a one day affair, the cost of that tournament is yM manageable for our team. However, we spent roughly $1000 on the UCLA debate which did not include gas money for transporatation and the Stanford tournament cost $2600 which also did not include the cost of transportation LOHS graciously paid for the transportation to the Stanford debate which will be impossible this year due to state budget cuts We anticipate the cost for these two tournaments to total at least $4000 because we will have more students competing this season and we will have to pay for our own transportation In addition to those two tournaments we have league dues of roughly $400 to pay and the cost of transportation to the local tournaments The requested $4500 would be greatly appreciated and used wisely. 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. LQHS Speech and Debate is a club that meets once a week during lunch, after school as much as is needed and occasionally on weekends when those weekends aren't occupied by competitions This club and its events compliment the regular LOHS curriculum by reinforcing the Listening and Speaking domain of the Enqjish Language Arts Standards for the state. The club is open to all students at all grade levels. The entire school will benefit from the success of this team By succeeding at these competitions and earning national rankings the students on the team create pride for the whole school as well as recognition The team is open to all students of every background thus making it potentially beneficial to every LOHS student The aforementioned California High School Speech Association's mission statement outlines many goals that we feel represent values that LOHS and the city of La Quinta wants to promote None of these goals are limited to only the college -bound student. They are very focused on creating informed and articulate citizens that can succeed once they leave high school, whether it is in an academic field or the business arena. 284 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. 285 ATTACHMENT 9 GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: La Ouinta High School — Mock Trial Team Amount Requested: $1000.00 Contact Person: Gabriel Gutierrez Mailing Address: 79255 Westward Ho Drive City: La Ouinta State: CA Zip Code: 92253 Home Telephone: 951488-5177 Work Telephone: 760-7724150 E-mail Address: Gabriel.gutierrezna,dsusd.us 501(c)3 Taxpayer I.D. Number: Public High School Date Application Submitted: October 1 ", 2008 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 28o CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: _X Community Services Support Economic Development/Marketing and Sponsorships What is the overall purpose or goal of your Organization? The La Ouinta Hi School Mock Trial team is a volunteer club of students who take on the role of attorneys and witnesses in a Riverside county competition. They meet independently and with the aid of local attorneys, create statements, questions and develop powerful listening and speaking skills. 2. How long has your Organization been in existence? 3 Years Months 3. Describe in general the activities or services of your Organization: The students are given a case scenario from the Constitutional Rights Foundation. This case is given to students across the United States. The La Ouinta High School team will first compete against local Riverside county school in an attempt to take on schools from other counties. 4. How many people does your Organization currently serve? No. of Youth 20 No. of Adults 3 No. of Seniors 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 20 No. of Adults 3 No. of Seniors 6. How many people served during this Fiscal Year will be La Quinta residents? 7 8. No. of Youth 20 No. of Adults No. of Seniors How many paid employees/volunteers does your Organization employ? Full time employees I Part time employees Volunteers 22 Describe how your Organization is managed and governed: As the coach, I guide the strategies and meeting times for the attorneys and the students We come together and go over the plans and creation of the documents. The students have captains for each side and they break themselves into teams. We meet weekly during the school lunch period 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Donna Salazar Principal 772-4150 Gabriel Gutierrez Coach 772-4150 10. What is your annual schedule of events, and during what months does your Organization operate? The Mock Trial team meets weekly during the beginning of the school year. The competition are scheduled for February and March However the students will meet on a regular basis previous to this. 11. Do you charge admission, membership fees, dues, etc? Yes X No If yes, please describe: 12. What are your other sources of revenue for this funding year? 288 13 14. IM Source Amount Student fundraising 500.00 Total Needed $ 1500.00 Total Received $ 0 Balance $ 1000.00 Amount of money requested from the City of La Quinta? $ 1000.00 Has your Organization been funded by the City of La Quinta previously? Yes _X_ No If yes, when? Please provide the name and address of the bank in which the Organization's funds are kept: 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Donna Salazar Bob Hicks Title: Principal Asst. Principal 17. Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. The Mock Trial team is asking to assist us with the yearly fees associated with participation of the Riverside ,.- 289 County Mock Trial competition. This Years fees are $750.00. In addition we are asking for fees to assist u with the transportation of the students to the Indio and Riverside Courthouse. We will fundraise to cover the cost of uniforms. (suits ties etc) and the graduation garb added for seniors participating in Mock Trial. 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. Mock Trial exposes many students to the world of law through different facets. Students who wish to challenge their intellectual ability opt for the role of attorney. This rigorous position develops verbal and written skills in preparation for further college level study. The role of witness, in a milder capacity also exposes the students to the legal community through their taking on the role of the defendant or a prosecuting witness. In addition. we have been asked by middle and elementary schools to videotape our students as a means of exposing them to law. 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. 20. Attach a copy of your Program Operating Budget for the current year. Budget RCOE Registration 750.00 Transportation 250.00 Awards/ Attire 250.00 Coaching 250.00 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. 290 ATTACHMENT 10 GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: Palm Springs Cultural Center, Certified Farmers Market at Old Town La Quinta Amount Requested: ss000.0o Contact Person: David Todd, Executive Director, Palm Springs Cultural Center Mailing Address: PO Box 1449 City: Palm Springs State: CA Zip Code: 92262 Home Telephone: 760.883.0354 Work Telephone: 7603223251 E-mail Address: davidlawtodd@hotmail.com 501(c )3 Taxpayer I.D. Number: 55-0914693 Date Application Submitted: October 9, 2008 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 291 CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for. XXXX Community Services Support Economic Development/Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? The Palm Springs Cultural Center seeks to improve the life and well-being of those who live in Palm Springs and, more broadly, the Coachella Valley, by enhancing their access to aspects of culture, broadly defined, and the arts. We seek to do so by identifying and nurturing those ideas, activities and other organizations that may currently exist "under the radar" by providing support that focuses on superior communications, logistics and space management, as well as general management and financial capabilities. We seek in all cases to respect the core purpose of such activities and those driving them, maintaining our role as one of support, counsel and guidance with a view of helping them effectively and efficiently moving scale, as they may define it and circumstances permit. Some of these initiatives may ultimately separate and continue as independent organizations or activities, while others may remain associated with or part of the Cultural Center. As a new organization the Cultural Center is on the threshold of formulating a business plan for its next Fiscal Year, beginning in January of 2009 and extending to the subsequent two years. The purpose to date has been to acquire sufficient experience with a diverse range of activities to make such an exercise connect concretely with the reality of developing programs and initiatives of the sort described above. In this sense, the Cultural Center is a vigorously youthful work -in -progress that is seeking to very rapidly move to a more structured, critically focused and broadly effective resource for those living in the Coachella Valley. 2. How long has your Organization been in existence? TWO Years FIVE Months 292 3. Describe in general the activities or services of your Organization: The Cultural Center to date has focused its start-up activities in two principal areas. The first is film arts, both a well -established aspect of culture and a segment of the arts with particular interest to those in the Coachella Valley. We have sponsored or participated in several smaller, niche film mini -festivals, including Cinema Diverse and events surrounding the American Film Institute' s (AFI) activities in the Valley. In addition we have sponsored a highly regarded student film festival involving more than 34 middle and high schools in the Coachella Valley. We believe that cinema arts and other, related activities will form a one core foundation of our work in the future. Secondly, we believe that access to food, particularly that which is fresh and organically grown (where possible), is a central aspect of culture here and elsewhere. Such access is a priority for many living in the Valley in recognition of which we were proud to support a Certified Farmer's Market (CFM) in Palm Springs beginning in February of this year. Based upon the extraordinary attendance and support for the Market, we extended its "ran" in Pahn Springs from 20 weeks this year to 37 weeks this current market year beginning the first Saturday of this month and concluding Saturday June 13, 2009. This year we will be working with other organizations (including the City of Patin Springs) and resources to construct activities and events surrounding the CFM that both enhance understanding of and access to freshly grown food and related products as well as the more general categories of green thinking and sustainability within our communities. Based upon the success of our initial activities we are very excited to extend the CFM to La Quintals Old Town where we believe we can provide the same wonderful experience and resource for a neighboring area within our region. 4. How many people does your Organization currently serve? In total we served some 21,000 people during the previous market year during its 20 weeks of operation. We believe, that with regard to the CFM, attendees broke down by age as follows: No. of Youth 10% No. of Adults 60% No. of Seniors 30% 293 5. How many people do you intend to serve during this Fiscal Year? We anticipate that in Palm Springs during the 37 weeks in which the CFM will be active from October, 2008 through June, 2009, we will serve some 48,000 people with approximately the same demographic as above. The projections for the proposed La Quinta market are provided in number 6, below, as an unduplicated estimate. No. of Youth 10% No. of Adults 60% No. of Seniors 30% 6. How many people served during this Fiscal Year will be La Quints, residents? We believe that a reasonable benchmark for a La Quinta CFM, assuming start and stop date of 11/ 09/08 and 05/17/09 would be 37,000. We believe that attendance will approximate: No. of Youth 20% No. of Adults 50% No. of Seniors 30% 7. How many paid employees/volunteers does your Organization employ? The Cultural Center employs an executive director. All other functions are managed through contract arrangements with specialists and others. Volunteers provide assistance for events throughout the year as needed during the events themselves. Full time employees: ONE Part time employees: NONE Volunteers: FIFTEEN The Cultural Center relies on the services of THREE independent contractors. 8. Describe how your Organization is managed and governed: The Palm Springs Cultural Center is a public benefit corporation. It is governed by a Board of Directors. The Board includes two Founding directors, a president and CEO, a Secretary and a Treasurer. The There are two founding member directors, an Executive director and a President/CEO. 294 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Note: A complete listing of the Board of Directors is attached to this application. It is not our policy to release home addresses or telephone numbers for our Board members. We will do so promptly if we receive an assurance that such information will be treated confidentially. We have included a business association for each, where it applies. Virtually all are well known members of the Valley's community leadership. 10. What is your annual schedule of events, and during what months does your Organization operate? We operate a full twelve month calendar. A Certified Farmers Market in Palm Springs runs from October to June. Various film festivals; an event involving the American Film Institute (AFI) runs in November each year, and a student film festival. These occur at various times throughout the year. The Certified Farmers Market at Old Town La Quints will run from November to May each year. 11. Do you charge admission, membership fees, dues, etc? _Yes X No The CFM charges no fees or dues to members of the public, but does charge fees to those farmers whose sell their goods at the market. Those fees include 5-7% booth fees based upon gross sales and up to 45.00 per booth for non- farm booths. The Cultural Center does charge admission for its Mrs festivals and other events. 12. What are your other sources of revenue for this funding year? Source Public Donations Sponsorships Fundraising Old Town La Quints To Be Acquired To Be Acquired Amount $15,000 over 7 months 295 Total Needed $47,457 Total Received $30,281 Balance l($ 7,176) 13. Amount of money requested from the City of La Quints? $5000.00 14. Has your Organization been funded by the City of La Quinta previously? Yes X No If yes, when? 15. Please provide the name and address of the bank in which the Organization's funds are kept: Union Bank of California — Private Bank Desert Region 71-950 Hwy 111 - Suite B Rancho Mirage CA 92270 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Title: Ric Supple Founding Director Rowe Supple Founding Director 17. Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. The funds will provide last dollars in to recapture all of our direct costs for the year, leaving the indirect costs related exclusively to the Cultural Center to be raised through other means. (See attached Budget for La Quinta. 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. 296 We anticipate the direct beneficiaries of the CFM in La Quinta will be residents La Quinta and those living in the eastern end of the valley, schools (we may include possible booths for 4-11 certification projects), outreach programs and community groups, small farms and businesses located in or allied with IA Quints. In particular, we believe that businesses adjacent to the market will experience beneficial and manageable sidewalk traffic. All will directly benefit from access to healthy and fresh products that promote healthy lifestyles and are otherwise either fragmented or unavailable. Finally, we believe that by focusing and supporting the need for fresh, organically driven food and other products, the market will prove to be a focused source of support for such efforts and products in other arenas, such as supermarkets and restaurants. 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. ATTACHED 20. Attach a copy of your Program Operating Budget for the current year. ATTACHED 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. ATTACHED 297 Board of Directors 2007 — 2008 Rozene Supple - Director and Founder Ric Supple - Director and Founder Dick Taylor - Entertainment Producer - Chairman and CEO Scott Crisman - R R Broadcasting - Secretary Russ Russell - Union Bank of California - Treasurer Tracy Conrad M.D. - The Willows Historic Palm Springs Inn Beth Ellen Fromm - Desert Film Society Michael Hammond - Agua Caliente Cultural Museum Denise DuBarry Hay - President, Palm Springs Women in Film & Television James M. Kabler HI — Sunset Health Products Inc. Stan Layne - Psychologist & Local Radio Personality Steven Maloney - Artist & Owner, The Maloney Gallery John Wessman - Wessman Development Ricky Wright - Principal — Palm Springs High School 298 ATTACHMENT 11 v F � OF T4t,t 4 sCP GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: S C \ ,,k i-5 ��c C ri. CPA l S 7J Amount Requested: 4'4�s OOD Contact Person: Mailing dress: S-7-13�3 �CcK] t Cr �J�OhI City: e �; 1r c� Stat/klI Zip Code:_ Home Telephone: Work Telephone: 11Ch E-mail Address: E SC�Y��C� 5oS42A-9- 501tcl3 Taxpayer I.D. Number: Date Application Submitted: _co� -z) n& Applications will receive consideration without discrimination because of race, color, icligwn. sex. age• national origin or disability. 299 City of La Quinta Grant Application Typed applications are preferred Please check which grant you are applying for: Community Services Support X Economic Development/Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? To provide free transportation for military personnel and their families to/from the Palm Springs International Airport and 29 Palms Marine Corps Base. They serve and protect our freedoms; we feel they should be able to get to their duty station without having to pay up to$200 or more for a taxi. 2. How long has your Organization been in existence? 1 year 3. Describe in general the activities or services of your Organization: Our volunteers on their own time, with their own vehicles transport our soldiers at no charge to/from Palm Springs Int'I Airport and 29 Palms Marine Corps Base. 4. How many people does your Organization currently serve? No. of youth; 150 No. of Adults; 3800 5. How many people do you intend to serve during this Fiscal Year. No. of youth; 225 No. of Adults; 5 100 6. How many people served during this fiscal Year will be La Quints residents? N/A, our military personnel we transport are residents of 29 Palms Marine Corps Base but they do visit the Coachella Valley and the City of La Quinta for their necessities and entertainment. '• Of our over 90 volunteer drivers, 30 or more are La Quinta residents. 7. How many paid employees/volunteers does your Organization employ? We have no paid employees at this time, we have over 90 + volunteers. 330 8. Describe how your Organization is managed and governed. Soldiers Organized Services is a non-profit service organization with a 5 member Board of Directors and a group of 90 + dedicated volunteers who believe that it is the least we can do to relieve the anxiety of our military troops being able to reach their duty station without stress or financial burden. Our Founder and President Erica Stone mans the phone and notifies the down line or down line coordinator that a ride is needed and arrangements are made to transport that individual or family to their duty station, 29 Palms Marine Base. 9. Please provide information on your Executive board members or contact person: Erica Stone Founder/President Diane Stone Vice President Monica Orta Treasurer Norma Christmas Secretary Marge Harris Public Relations Aileen Schiff Press Secretary Robert Badesch Board Member 57-539 Santa Rosa Trail, La Quinta, Ca 760-799-5488 57-539 Santa Rosa Trail, I a Quinta, Ca 760-799-2200 66861 Cahuilla Ave, Desert Hot Springs, 92240 760-343-6013 2000 Magnolia Rd, Palm Springs, Ca 92262 760-567-2547 224 Settles, Cathedral City, Ca 92234 760-324-1921 36 Via Amormio, Palm Desert, Ca 92260 760-346-5967 P O Box 4197, Palm Springs, Ca 92262 760-777-6434 10. What is your annual schedule of events, and during what months does your Organization operate? We provide free transportation 7 days a week, 365 days per year. Our military personnel may be assigned or be traveling to 29 Palm Marine Base after boot camp, as their next duty station, pre and post deployment to Iraq or during requested leaves. We are there for them as they need us and just like the military motto we do not want to "leave any soldier behind". They arein the military to protect and serve, it is the least we can do to say "Thank You." Depending on deployments and holidays some months are heavier than others but our average so far is 100 rides per month. 11. Do you charge admission, membership fees, dues, etc.? No Fees are not involved although we operate on donations from private donors and do not accept fees from the military personnel we transport. 12. What are your other sources of revenue for this funding year? SourceAmount Congresswoman Mary Bono $4000.00 Prudential Real Estate $2000.00 Walmart $1000.00 AmVet $1000.00 American Legion Rides $1000.00 Private donors $25,000.00 301 Fundraising Gala $10,000.00 Other sources like City of La Quints $15,000.00 Smaller fundraisers, walks, car wash, raffles etc $8,000.00 Total needed $67,500.00 Total received $40,000.00 Balance $27,500.00 13. Amount of money requested from the City of La Quinta? $5000.00 14. Has your Organization been funded by the City of La Quinta previously? No. 15. Please provide the name and address of the bank in which the Organization's funds are kept: Canyon National Bank, 74150 Country Club Dr Cathedral City, Ca 92234 16. Please provide the name and tile of those individuals authorized to sign on the Organizations's account (must provide at least two individuals): Erica Stone Monica Orta Founder/President Treasurer 17. Need Statement. Clearly and plainly state the specific detailed reason or need for the requested funds and how these funds will be used, if awarded. Funds are needed for gas, currently with gas prices as high as they are it costs around $50 to transport our military personnel to the base in 29 Palms. Since our number of transports varies, there is always a need for gas funds. We also have airport licensing and fees that have to be paid even though we do not charge a fare. We have minimal office fees, the largest being the phone to coordinate rides, the balance is for promotional material to request donations. All monies received go to the above mentioned needs and no portion of the monies awarded goes to paying staff since our organization has all volunteers. 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. The benefit of these funds goes to our soldiers who train and put their lives on the line for our freedoms, saving them the cost of a $200 trip between 29 Palms Marine Base and the Palm Springs airport. The benefit to the City of La Quinta is twofold, they receive recognition for helping our troops and it enables the troops to visit the City of La Quinta, shop at its business and 332 eat in the cities restaurants. The types of businesses and the quality of the restaurants are not available in the 29 Palms area. 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. The upcoming year will be the first year we received funding requiring a 990 so currently one is not available. U3 ATTACHMENT 12 LWoi' Ji � IFrW!=rl AI"Mep" GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: City of Palm Springs Amount Requested: $1,000 Contact Person: Mayor Steve Pougnet Mailing Address: 3200 Tahquitz Canyon Way City: Palm Springs State: CA Zip Code: 92262 Home Telephone: Work Telephone: (760) 323-8200 E-mail Address: Steve. Pougnet(a,palmsprings-ca.gov 501(c)3 Taxpayer I.D. Number: City Tax ID — 95-6000-757 Date Application Submitted: 7/29/08 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: _a_ Community Services Support Economic Development/Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? Municipal Govt. — This request is for the Veterans Day Parade organized by the City of Palm Springs_ 2. How long has your Organization been in existence? _70_Years Months 3. Describe in general the activities or services of your Organization: Coordinate and Produce Annual Veterans Day Parade 4. How many people does your Organization currently serve? Entire Coachella Valley, as well as many tourists who come specifically for the parade. No. of Youth No. of Adults No. of Seniors 5. How many people do you intend to serve during this Fiscal Year? * For this event — 20,000. No. of Youth No. of Adults No. of Seniors 6. How many people served during this Fiscal Year will be La Quinta residents? Attendees come from all over the valley, including La Qunita. No. of Youth No. of Adults No. of Seniors 3 5 7. How many paid employees/volunteers does your Organization employ? N/A Full time employees Part time employees Volunteers 8. Describe how your Organization is managed and governed: Municipal Gov't. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Mayor Steve Pougnet Chair 3200 Tahquitz Canyon Way 323-8200 George Stettler, Co -Chair 275-7138 _ Michele Cirone-Collier Military Liaison 323-8276 10. What is your annual schedule of events, and during what months does your Organization operate? Annual Event held each Nov. 1 Ith. 11. Do you charge admission, membership fees, dues, etc? Yes _X_ No If yes, please describe: 3�0 12. What are your other sources of revenue for this funding year? 13. 14. 15 Source Amount Sponsorhsip Requests Total Needed Total Received Balance Amount of money requested from the City of La Quinta? $ 1,000 Has your Organization been funded by the City of La Quints previously? Yes _x_ No If yes, when? Please provide the name and address of the bank in which the Organization's funds are kept: N/A 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: N/A Title: 307 17. Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. Sponsorship requests nay for event production services 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. City of La Ounita residents attend the event each year. 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. — N/A 20. Attach a copy of your Program Operating Budget for the current year. N/A 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. 3J8 ATTACHMENT 13 GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: Desert AIDS Project Amount Requested: 5000.00 Contact Person: Greg Polzin, Director of Resource Development Mailing Address: 1695 No. Sunrise Way City: Palm Springs State: CA Zip Code: 92262 Home Telephone: (760) 323-2118 ext. 294� m,..v Tele w e. (760) 323-2118 ext. 294 E-mail Address: gpolzin@desertaidsproject.org 501(c)3 Taxpayer I.D. Number: 33-0068583 Date Application Submitted: August 25, 2008 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. U9 CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: xx Community Services Support Economic Development/Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? Desert AIDS Project medical care and comprehensive support services to people living with HIV / AIDS in the desert community. 2. How long has your Organization been inexistence? 25 Years Months 3. Describe in general the activities or services of your Organization: HIV testing, medical care, counseling, home health services, legal assistance, assistance with housing, medication, food, re-employment, prevention and education outreach. 4. How many people does your Organization currently serve? No. of Youth No. of Adults 2, 253 No. of Seniors 1418 ---- s.— How many people-do�ou-intend-to-serve-during-this-Fikal-Year- --- No. of Youth No. of Adults 2.600 No. of Seniors 1,600 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth No. of Adults 21 No. of Seniors 2 310 7. How many paid employees/volunteers does your Organization employ? Full time employees 97 Part time employees Volunteers 400 8. Describe how your Organization is managed and governed: Board of Directors with Executive Committees overseeing executive staff headed by Executive Director David Brinkman (see board listing with committees) 9. Please provide information on your Executive Board members or contact person: See board listing with detail Name Title Home Address Phone Russ Russell, VP Regional Director Union Bank (760) 864-9779 home Hall Ball, Retired (760) 320-3559 home Fred Drewette, CFO San Dimas Comm Hospital (951) 736-8876 home Curtis Ringness, Retired (760) 324-3575 home 10. What is your annual schedule of events, and during what months does your Organization operate? We are a year-round organization with many annual events including Steve Chase Awards Gala, AIDS Walk, Dining Out For Life, and quarterly maior donor cocktail parties. See calendar listings provided 11. Do you charge admission, membership fees, dues, etc? xx Yes No Depends on event If yes, please describe: Tickets to Steve Chase Awards Gala are $425.00 per person 311 12. What are your other sources of revenue for this funding year? Please see financials provided. Source Revivals Thrift Stores (5) County, State and Federal Funding Special Events and Contributions Major sources listed below... Amount $3.369,304 $4,237,500 $2,120,650 Total Needed $ 11,157,634 Total Received $ 11,304,484 Balance $ 146.850 (reserve for dental clinic) 13. Amount of money requested from the City of La Quinta? $ 5 000.00 14. Has your Organization been funded by the City of La Quinta previously? Yes xx No If yes, when? 15. Please provide the name and address of the bank in which the Organization's funds are kept: Wells Fargo Sunrise square Branch (see credit info sheet) 1753 No. Sunrise Way, Palm Springs, Ca. 92262 —�5— -'lease provide -the name and- title=of�hose ndividualsauthorized-To Bien on the Organization's account (must provide at least two individuals): Name: Abby Balmer David Brinkman Curt Ringness Title: Director of Finance Executive Director President, BOD 312 17. Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. 100% of funds will benefit client services of D.A.P. 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. The 2300 clients will benefit by use of our medical clinic, medication, housing, food assistance, etc. 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. K3 ATTACHMENT 14 I GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: Palm Springs Women In Film Amount Requested: $5000.00 Contact Person: Denise Dubarry Hay Mailing Address: 78-140 Calle Tampico City: La Quinta State: Ca Zip Code: 92240 Home Telephone: 760-574-2450 Work Telephone: 760-238-0306 E-mail Address: denisena,kaswit.com 501(c)3 Taxpayer I.D. Number: 2528753 Date Application Submitted: October 8 2008 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 314 CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: Community Services Support X Economic Development/Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? The mission of Women in film is to empower, promote and mentor women in the entertainment and media industries. PSWFIT recognizes the important of developing pathways and opportunities to encourage current and future generations of women to explore and pursue careers in all fieldsof the entertainment industry. Women in Film increases the visibility of our members and recognizes their achievements in those industries 2. How long has your Organization been in existence? 1 Years 4 Months Formed in 2001 but incorporated in 2006. 3. Describe in general the activities or services of your Organization: Project: Workshop Film and Television Speaker Luncheon Series The goal of the lunch series is to educate and inspire local residents (students, adults and seniors) who have been or want to work in the film and television industry. To empower, promote, mentor and build confidence in young, adult and senior women that they can succeed in any field of endeavor as well. Our mandate is to support women working in film, television and related media in the desert cities and surrounding areas. The luncheons provide member and non-members a chance to mingle with and hear from industry leaders such as actress Gena Rowlands, cbs entertainment president, Nina Tassler, film producer, Gale Anne Hurd and many others. The speaker luncheons have been held in the ballrooms at a variety of hotels across the valley, including rancho Las Palmas, the Parker, La Quinta Resort and Spa and Hotel Zozo. The workshops such as "breaking down the script" which featured tony shalhoub- actor/director/producer from "Monk, Jerry Levine- actor/director from will and grace, and it's always sunny in Philadelphia, Janet Alhanti- acting coach to the stars and 315 Thom Rancina-author/tv/film writer, head writer on general hospital, days of our lives and another world, broke the script down from the point of view of an actor, director, acting coach and writer. In addition to the educational and inspirational benefits, our fihn television speaker luncheon series brings an element of glamour and celebrity to the area. The audience attendance varies from 80-150 people and we generally use 10-15 volunteers per event. Our volunteers and membership come from a wide diversity in race and nationality. The luncheons connect women (and some men) working in the same industry, fostering a creative and cultural bond, and promotes professional development. It also serves as a place where people can gather to gain work, education, social graces, community information, networking and mentoring opportunities. Cards are passed, work is lined up and lifelong friends are made at great locations where discussions with mentors and people who have had a wide variety of success in the industry graciously share their knowledge. Attendees learn how to interact with the people in the industry, to utilize the internet to get your photo and fihn to directors, acting coaches, agents and the general population. The film and television luncheon series helps everyone by providing knowledge, relating experiences and networking. The attendees gain empowerment and mentoring from the best in the industry and quite often walk away from the luncheon with a greater confidence and determination to reach their own goals. Many times the attendees leave with new contacts and knowledge that help them set and achieve their own projects or try for a new role with a new outlook as to what may expected of them. Connecting, writers, actors, directors, producers, production coordinators, cameramen, sound people and others all in a friendly and encouraging environment spells success. PSWIFT has been successful in the luncheons for over 5 years and would like the opportunity to continue to provide reasonable prices and in certain circumstances fi+ee admission to the workshops for those who would be unable to attend due to financial difficulties. 4. How many people does your Organization currently serve? No. of Youth No. of Adults 100 No. of Seniors 75 5. How many people do you intend to serve during this Fiscal Year? No. of Youth No. of Adults 125 No. of Seniors 90 316 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth No. of Adults 35 No. of Seniors Number may vary due to new membership or attendance by non-members to our events 7. How many paid employees/volunteers does your Organization employ? Full time employees Part time employees 2 Volunteers 8. Describe how your Organization is managed and governed: Palm Spring Women in Film and Television is governed by 13 member board of directors. All board, members are active in all aspects of our organization and participate 110% in its activities. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Denise DuBarry Hay, President / Marketing Co -Chair 49455 Coachella Dr.La Quinta, CA 92253 760574-2450 Leanne Bonamici, Vice -President/ Founder PSWIFT, 66321 Pierson Blvd., DHS, CA 92240 760-251-9980 Sherry Halperin, Membership Chair, 50-115 Malaga Court, La Quints, CA 92253 760-771-9496 Nancy Smith, Marketing Co -Chair, 795 N. Dryfslls Rd. Palm Springs, CA 92262 760-3255661 Kim Waltrip 74084 Via Vittorio, Palm Desert, Ca 92260 760574-1858 Beth Olivier, Secretary 78-900 Citrus, La Quints, CA 92253 760393-8739 Shellie Karabell Media / PR Chair 2240 Sunshine Way Palm Springs, CA 92262 760320-8851 10. What is your annual schedule of events, and during what months does your Organization operate? PSWIFT holds monthly luncheons for educational and networking purposes. Most recently was the September Mixer held at the Palm Springs Studios newly opened in La Quinta. Upcoming is the Broken Glass Awards honoring outstanding females in the film industry. Among the award recipients are Rozenne Supple, long time valley resident and philanthropist and Pattie Daly Caruso, producer and TV talk show host. PWSIFT has provided 25 scholarships to local students to attend a scriptwriting seminar with famed Robert McKee held at the UCR campus and to it `Breaking Down the Script" workshop held at La Quinta Resort and Spa along with supporting scholarships for local students and Valley 317 11. 12. 13. 14. — wide literacy. Also its veteran member offer regular professional training classes for actors, directors and writers and offer mentoring opportunities to new comers to the craft. Do you charge admission, membership fees, dues, etc? X Yes No If yes, please describe: Yes, we offer different levels of membership. Fees are involved at luncheons to help cover the cost of the event and at fundraisers we hope our prices give us a narrow margin to help accomplish our mission statement and goals. We also accept donations from private donors. Our membership fees start at Associate $150 and go to Platimm for #$10,000 for lifetime. We also have a Luminary level for 62 and over for $50. Renewal is lower on all levels. What are your other sources of revenue for this funding year? Source Fundraising Gala Donations Networking Functions Advertising Membership Fees Total Needed Total Received Balance $ $125,000.00 $ $81,381.00 $ $43,619.00 Amount $35,000.00 $15,000.00 $ 9,200.00 $5,329.00 $16,852.14 Amount of money requested from the City of La Quinta? $ 5.000.00 Has your Organization been funded by the City of La Quinta previously? Yes X No If yes, when? 318 15. 16. 17 Please provide the name and address of the bank in which the Organization's funds are kept: Pacific Westem, 78080 Calle Estado, Ste. 101, La Quinta, CA 92253. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Denise DuBarry Hay Beth Oliver Title: President Secretary Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. The cost to our members for the luncheons is what the hotel or venue cost is to us. Our speakers are paid a small stipend, provided room and board and at times other ammenties as requested plus their transportation costs. By the city of La Quinta providing additional funds we can approach more speakers, provide more workshops for our members and community residents to attend and enable us to promote these events more. 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. Since our luncheons are open to members and surrounding community public they bring more people into the La Quinta area during these events and we can encourage the attendees to check out and support the local businesses. Also many of our attendees are residents of La Quints and our luncheons supply them with another activity, networking capability and education and benefits of what the film industry has to offer. 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. 319 Tity� 4 4 QUA& COUNCIL/RDA MEETING DATE: November 4, 2008 ITEM TITLE: Consideration of an Ordinance Amending Title 11 Chapter 11.72 of the La Quinta Municipal Code and Declaring Certain Vector Breeding Conditions a Public Nuisance RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Move to take up Ordinance No. _ by title and number only, and waive further reading. Move to introduce Ordinance No. _ on first reading, amending Chapter 11.72 and declaring certain vector breeding conditions a public nuisance. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The proposed ordinance essentially is designed to add the vector breeding conditions described in the Health & Safety Code §2002 to the list of declared public nuisances contained in the La Quinta Municipal Code. While the current Code contains language to deal with most occurrences, this action will give code compliance officers the language to deal with all vector breeding situations. 320 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Take up Ordinance Number , by title and number only and waive further. reading. Introduce Ordinance No. on first reading amending Chapter 11.72 and declaring certain vector breeding conditions a public nuisance; or 2. Do not approve or Ordinance; or 3. Provide staff with alternative direction. Respectfully submitted, iY>yl Y" If" Tom Hartung ' Director of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager Kj AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 11, CHAPTER 11.72 OF THE LA QUINTA MUNICIPAL CODE TO ADD CERTAIN VECTOR -RELATED CONDITIONS TO THE DEFINITION OF "PUBLIC NUISANCE" WHEREAS, within the Coachella Valley, West Nile virus (WNV), Saint Louis encephalitis virus (SLEV), and/or western equine encephalomyelitis virus (WEEV) are creating an increasing risk to public health, in part due to the large numbers of foreclosures and an abundance of neglected pools and standing water on abandoned properties; and WHEREAS, the continuing high abundance of rodents, flies and other vector and nuisance species in the Coachella Valley are also matters of public health concern; and WHEREAS, rodents, flies and other nuisance and potential vector species have the ability to cause a state of discomfort, and transmit various diseases to humans and other animals; and WHEREAS, mosquitoes have the ability to transmit WNV, SLEV, and WEEV as well as other vector borne pathogens to humans and other animals; and WHEREAS, the West Nile virus in humans can cause severe symptoms including high fever, headache, neck stiffness, stupor, disorientation, coma, tremors, convulsion, muscle weakness, vision loss, numbness, and paralysis; and WHEREAS, symptoms in humans of West Nile infection may last several weeks, and neurological effects can be permanent and characterized by altered mental status or focal neurological findings; and WHEREAS, appropriate and timely response to surveillance of public nuisance condition is the key to preventing human and animal diseases associated with West Nile and other arthropod -borne viruses. The response must be immediate and effective abatement of public nuisance condition to prevent rapid spread of diseases; and WHEREAS, each neglected pool, or standing water is capable of breeding thousands of vector mosquitoes that may transmit West Nile virus and other arthropod -borne viruses and pose a serious potential threat to the community; and Ordinance No.'_'008- Yector Breeding ( onditions V'member 4.2008 Page 2 of 3 WHEREAS, in the desert climate mosquitoes are prone to a short life cycle and may develop from water to adult/flying/biting form in less than 14 days; and WHEREAS, if the control of the neglected pools and the public nuisance condition is not timely and effective, an increased exposure of Valley residents to potentially infected mosquitoes will be increased; and WHEREAS, the control measures to be utilized on the neglected pools include application of one of the registered public health control products that belongs to bio-rational or microbial group of products. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. AMENDMENT TO THE LA QUINTA MUNICIPAL CODE, Title 11, Chapter 1 1.72, section J, is hereby amended to read as follows: J. Allowing the following to exist on a property: 1. Any property, excluding water that has been artificially altered from its natural condition so that it now supports the development, attraction, or harborage of vectors. The presence of vectors in their developmental stages on a property is prima facie evidence that the property is a public nuisance. 2. Any water that is a breeding place for vectors. The presence of vectors in their developmental stages in the water is prima facie evidence that the water is a public nuisance. 3. Any activity that supports the development, attraction, or harborage of vectors, or that facilitates the introduction or spread of vectors. 4. "Vector" as used herein means any animal capable of transmitting the causative agent of human disease or capable of producing human discomfort or injury, including, but not limited to, mosquitoes, flies, mites, ticks, other arthropods, and rodents and other vertebrates. 5. "Public Nuisance" as used herein shall not include agricultural operations that is designed and managed consistent with the accepted standards and practices for controlling fly development, as defined in Health and Safety Code Section 2062(b). SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after adoption. .. 2 323 Ordinance No.'_'UON- Vector Breeding ( onditionn ]o.embcr J. ?QUR Page 3 of 3 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 4th day of November, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 124 / T OF COUNCIL/RDA MEETING DATE: November 4, 2008 AGENDA CATEGORY: 2 ITEM TITLE: Consideration of Ageda Camargo Code BUSINESS SESSION: 3 Compliance Case CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City initiated code enforcement proceedings against Ms. Ageda Camargo in March of 2006. Ms. Camargo's home is located at 53800 Avenida Montezuma. County records show that Ms. Camargo is the original owner of the home. Initially, the case involved a violation that did not relate to the garage conversion now at - issue. During a follow-up inspection relating to that previously -noted Municipal Code violation, City Code Compliance staff observed conditions that indicated that Ms. Camargo's garage had been converted into living quarters and that a person was living inside the garage. Because of the safety issues involved, it is standard practice for City Code Compliance staff to enforce Zoning Code regulations relating to garage conversions. Accordingly, City Code Compliance staff discussed the issue with Ms. Camargo and she admitted that the garage had been converted to 3 2' 5 living space. Ms. Camargo was notified that she had violated the La Quinta Municipal Code by converting her garage without the benefit of a permit. She agreed to convert the garage back if the City was willing to provide her an extension to do so. Despite numerous extensions to bring the property into compliance, the restoration of the area has not occurred. City Code Compliance staff came to the conclusion that, despite all their effort to gain voluntary compliance, Ms. Camargo was not going to commit to restoring the garage. Accordingly, the City sent the file to the City Attorney's Office for review. The City Attorney's Office determined that a violation of the Municipal Code existed and, as recommended by City Code Compliance staff, filed a complaint against Ms. Camargo in November 2007 for construction without a permit. For the next 11 months, the City Attorney's Office gave Ms. Camargo several additional extensions to correct the substandard conditions. All along, the City Attorney's Office offered Ms. Camargo an unconditional, full dismissal if she agreed to bring the garage into compliance. While at times the City was hopeful that Ms. Camargo would agree to do the work, eventually it became clear that Ms. Camargo felt that the applicable regulations should not apply to her property. The City subsequently applied to the Court for a warrant to enter the property because Ms. Camargo repeatedly refused to allow City Code Compliance staff on the property to inspect. The Court issued the warrant and the City inspected the property on September 23, 2008. During that inspection, the City observed that a full conversion, including bathroom, kitchenette, etc., had been performed on the garage. No permits for this conversion were ever issued by the County of Riverside or the City. One of the primary risks of illegal garage conversion is fire. A Long Beach blaze claimed the lives of three children in December 2007. According to fire officials, the garage did not have the necessary permits for residency, and had no smoke detectors or sprinkler system. The Riverside County Fire Department brought to the attention of staff information regarding another fire resulting from an illegal garage conversion that just resulted in the death of a handicapped woman in Sherman Oaks (see Attachment 1). Trial in the matter was scheduled for October 6, 2008. On that date, Ms. Camargo entered into an agreement with the City. Ms. Camargo was given an extension (until January 12, 2009) to bring her property into compliance with the Code by restoring at least a 20 foot by 20 foot garage parking area within the garage and obtaining all necessary permits for any improvements that she wished to keep outside that parking area. The City agreed that it would dismiss the complaint if the work was complete by the agreed -upon deadline. If Ms. Camargo fails to comply by the agreed -upon deadline, the Court will place Ms. Camargo on a 2-year 3;6 informal probation with terms attached to that probation ensuring that the work is completed within a Court -issued extension. In addition, Ms. Camargo's failure to satisfy the compliance deadline date will result in additional penalties. The City requested a $3,000 fine as the additional penalty that would apply if Ms. Camargo did not complete the work by the agreed upon deadline. Ms. Camargo represented to the Court that she did not want the Court to impose the fine, and instead insisted that the penalty be 30 days in jail in lieu of the City -recommended fine. Since that October 6' hearing, the City has discovered that in November of 2007 Ms. Camargo took out a reverse mortgage against the property with a deed of trust securing that reverse mortgage. Ms. Camargo had previously made numerous representations to both the City and the Court that the only money she has available is $531/month government assistance payment. It should also be noted that a local contractor has offered to bring Ms. Camargo's property into compliance for her. At the October 21' City Council meeting, the Council requested a report regarding this matter and an outline of potential options. EXECUTIVE SUMMARY OF OPTIONS: 1. Issuance of Variance: While this has been requested by Ms. Camargo's representative, it does not appear that the necessary findings could be made to approve a variance. 2. Amend the Zoning Code: The City Council can direct staff to amend the regulations applicable to the Cove Residential District, to reduce the parking requirements and permit garage conversions with the appropriate building permits. This amendment would apply throughout the Cove. 3. Compliance: Require compliance with the Code, but grant more time for compliance if Ms. Camargo is making a good faith effort to comply when the deadline for compliance arrives. 4. City Abatement: If Ms. Camargo fails to correct the violations, the City could pursue an abatement warrant and lien the property. The City might not recover the costs it incurs. 5. Dismissal of the Complaint: The City Council could direct the City staff to drop the matter given Ms. Camargo's age. This would not remedy the situation. DISCUSSION OF OPTIONS: 327 1. Issue a Variance: Mr. Moran has indicated that Ms. Camargo should be afforded some sort of variance. Under California law, variances can be utilized in certain circumstances to allow for development standards different than what is otherwise allowed under an applicable zoning regulation. Ms. Camargo's property is located in the RC district. Currently, the Municipal Code prohibits garage conversions in the RC district. La Quinta Municipal Code § 9.150.060 provides that each single family residence shall include minimum off-street parking of "2 spaces per unit in a garage plus .5 guest spaces per unit if no on -street parking is available." La Quinta Municipal Code § 9.150.080(B)(11) requires "minimum interior dimensions in residential garages and carports shall be ten feet in width per car by twenty feet in depth." Also, La Quinta Municipal Code § 9.60.090(C)(15) provides that, in order to have a secondary residential unit on a lot less than 10 acres in size, "[i]n addition to the required parking for the primary unit, a minimum of one additional off-street parking space shall be provided on the same lot that the second unit is located." That section further provides "[olne parking space shall be provided for each studio unit, in accordance with the applicable parking regulations ... [and that] [n]o variance or adjustment shall be granted to allow substandard parking spaces or locations." Finally, La Quinta Municipal Code § 9.60.100(D) provides that "a guesthouse may be constructed as an accessory use in the RVL or RL districts subject to approval of a minor use permit." As mentioned above, Ms. Camargo's property is located in the RC district and, therefore, could not rely on the provisions of § 9.60.100(D). It is also important to note that even where allowed, guesthouses have to adhere to other regulations set forth in § 9.60.100 (e.g., no kitchens). Therefore, if the City wants to allow Ms. Camargo to keep her garage as living space, the City would have to grant Ms. Camargo a variance from each of the above -referenced La Quinta zoning regulations. Specifically, with respect to the requirement set forth in § 9.60.090(C)(15), which calls for one additional parking space for each studio unit (hence, for Ms. Camargo's property, a total of 3 parking spaces), the code specifically provides that a variance cannot be granted to allow for a substandard space or location. Accordingly, in addition to the two parking spaces available on the driveway, Ms. Camargo would have to create a third legal parking spot on her property to comply with this section. In order to issue the variances, the City Council would have to hold a public hearing and would have to make certain findings set forth in La Quinta Municipal Code § 9.210.030. These findings are mandatory and include each of the following: (1) consistency with the General Plan; 3 )8 (2) consistency with the Zoning Code; (3) compliance with CEQA; (4) approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity; (5) there are special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, which, when the zoning regulations are strictly applied, deprive the property of privileges enjoyed by other properties in the vicinity subject to the same zoning regulations; (6) the granting of the variance is necessary for the preservation of a substantial property right possessed by other property in the same vicinity and zoning district and otherwise denied to the subject property; (7) the variance permit's required conditions of approval assure that the adjustment authorized will not constitute a grant of special privileges which are inconsistent with the limitations placed upon other properties in the vicinity subject to the same zoning regulations; and (8) the approval does not authorize a land use or activity which is not permitted in the applicable zoning district. Staff is not aware of facts to support the making of the findings outlined in paragraphs (4) through (8). If Ms. Camargo could demonstrate facts to support these findings, she would still need to comply with building regulations to effectuate a legal garage conversion. A variance is not the appropriate legal mechanism to create an exception to building regulations. Moreover, requiring permits for construction or improvements of structures and buildings is a requirement of State law that cannot be circumvented. (CCR, Tit. 25, § 16.) In short, assuming the City could make the necessary findings, the City could grant Ms. Camargo a variance allowing her to keep the converted garage. Ms. Camargo would still be required to secure permits for all the improvements constructed/installed in that garage without the benefit of the necessary permits. 11 329 2. Amend the Zoning Code: The City Council could adopt an Ordinance modifying the La Quinta Municipal Code to allow the garage conversion, assuming Ms. Camargo obtained the necessary building permits.' Thus, the City Council could amend the applicable Zoning Code sections to allow for garage conversions. It is important for the City Council to understand that amending these zoning regulations would have the effect of allowing all properties subject to these modified zoning regulations to keep existing and construct new garage conversions. 3. Require Compliance: As part of the agreement made in connection with the pending judicial proceeding, Ms. Camargo agreed to bring her property into compliance with the Code by restoring the garage to create an area at least 20 foot by 20 foot for garage and securing all necessary permits for any improvements that she wishes to keep outside that parking area. Currently, Ms. Camargo will be required to satisfy the terms of that settlement or face the penalties imposed by the Court if she fails to do so. Certainly, if Ms. Camargo is making progress toward compliance but has not completed the restoration by January 12, 2009, the City Attorney's office could request that the Court give her additional time to complete the process. 4. City Abatement: If Ms. Carmargo continues to refuse to remedy the violations, the City could secure an abatement warrant, which would make the City directly responsible for the abatement of the violations. This would involve the demolition of the improvements and the restoration of the garage. While the City could lien the property for the costs of this abatement, because the home is occupied and is not likely going to be sold in the near future, it could be difficult for the City to recover the costs of this work. 5. Dismiss the Case: Ms. Camargo has yet to enter a plea in the underlying case. Accordingly, the City has the option to dismiss the case against her. The City is certainly free to seek a dismissal of the action. If the case is dismissed, staff is concerned that the cost and time for correcting the violations in Ms. Camargo's garage will substantially increase and the dismissal will create a bad precedent for future City code enforcement efforts. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: ' Ms. Camargo would still have to comply with the building g p y g permit requirements; however the building regulation requiring permits cannot be modified because this requirement is mandated by State law. (CCR, Tit. 25, § 16.). 330 1. Take no action, in which case staff will continue their current course of action, which is to seek compliance with the Municipal Code with the assistance of the court. 2. Direct staff to work with Ms. Camargo to process a variance under La Quinta Municipal Code § 9.210.030, if the City Council believes that the requisite findings can be made. 3. Direct staff to initiate the necessary amendments to the City's Zoning Code so that Ms. Camargo, and others similarly situated, can convert their garages to living areas. 4. Direct staff to continue their efforts to obtain Ms. Camargo's compliance through the existing criminal prosecution, but to request that the Court grant more time to Ms. Camargo provided she is making a good faith effort to bring her property into compliance. 5. Direct staff to pursue an abatement warrant and directly undertake the work necessary to bring the home into compliance with the Municipal Code and lien the property for the costs of the abatement. 6. Direct staff to dismiss the criminal complaint against Ms. Camargo. 7. Provide staff with alternative direction. Respectfully submitted, M. Katherine Jenson, City Attorney Approved for submission by: Thomas P. Genovese, City Manager Attachment 1 — New Article re Fire from Garage Conversion 331 Attachment 1 Wheelchair -Bound Woman Dies in Valley Fire KTLA News October 28, 2008 SHERMAN OAKS -- A 38-year-old wheelchair -bound woman was killed in a fire that ripped through a converted garage in Sherman Oaks, authorities said. The fire at the 1,200 square -foot residence was reported at 1:49 a.m. Tuesday at 15043 W. Otsego Street, said Los Angeles Fire Department spokeswoman d'Lisa Davies. Davies said it took 32 firefighters less than 20 minutes to put out the Flames. Arriving firefighters discovered heavy smoke and fire coming from the home's garage and were told that a woman in wheelchair and two children were possibly trapped inside the structure, Davies said. Firefighters searched and found the woman dead inside a bathroom in the converted garage. Firefighters believe she may have tried her best to crawl out of the burning space. The victim's mother and stepfather were in the main house at the time of the fire and tried unsuccessfully to rescue the woman. The woman, whose name was not immediately released, was pronounced dead at the scene. No other deaths or injuries were reported. Family members said they feared for the woman's safety and made several efforts recently to encourage her to move to a different place. She is survived by two sons. Davies said there was roughly $60,000 of structural damage and $60,000 in content loss. The cause of the fire was under investigation. 332 REPORTS & INFORMATIONAL ITEMS: I / COMMUNITY SERVICES COMMISSION MINUTES September 8, 2008 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 5:30 p.m. by Chairperson Leidner. Commissioner Fitzpatrick led the audience in the Pledge of Allegiance. PRESENT: Commissioners Brodsky, Darroch, Fitzpatrick, Gassman, Chairperson Leidner ABSENT: Commissioner Biegel STAFF PRESENT: Edie Hylton, Community Services Director; Steve Howlett, Golf & Parks Manager; Robert Ambriz Jr., Recreation Supervisor; and Angela Guereque, Senior Secretary PUBLIC COMMENT - None. CONFIRMATION OF AGENDA Motion - It was moved by Commissioners Fitzpatrick/Gassman to confirm the agenda. Motion carried unanimously. PRESENTATIONS: None. APPROVAL OF MINUTES 1. Approval of July 14, 2008 Minutes Commissioner Quill noted on Page 7, suggesting the name La Quinta Ball Park. for revision. paragraphs 6 and 7, that she recalled She requested staff listen to the minutes Motion — It was moved by Commissioners Gassman/Brodsky to approve the minutes as corrected. Motion carried unanimously. CONSENT CALENDAR - None. 333 PUBLIC HEARING - None. Community Services Commission Minutes September 8, 2008 -2- BUSINESS ITEMS 1. Consideration of Commission Meeting Dates Director Hylton presented the staff report advising the Commission that there will be a Joint Meeting with the City Council on November 25, 2008 at 7:30 p.m. Chairperson Leidner called for a motion. Motion - It was moved by Commissioners Gassman/Fitzpatrick to approve the Community Services Commission meeting dates, changing the Art & Parks Tour to October 4, 2008. Motion carried unanimously. 2. Consideration of Artist Appreciation Day Program Mr. Ambriz Jr. presented the staff report. Commissioner Brodsky volunteered to assist with the program and suggested not limiting it to Artists only. Mr. Ambriz Jr. stated that the Art Coordinator would like to have people from ceramics, drawing, painting, digital arts, theatre, and music. Commissioner Gassman volunteered to assist with the program. Commissioner Fitzpatrick volunteered to be the third person to help. Commissioner Quill asked if the Commissioners can go without being involved. Director Hylton encouraged everyone to attend the event. Motion - It was moved by Commissioners Brodsky/Gassman to assign Commissioner Brodsky, Commissioner Gassman, and Commissioner Fitzpatrick to participate in the Artist Appreciation Day Program. Motion carried unanimously. Chairperson Leidner moved Business Item No. 5 up to accommodate Ms. Loiuse Neeley. 5. Consideration of Naming the Centre Pointe Development Park. Director Hylton presented the staff report. Commissioner Quill thanked Mrs. Neeley for her work. Commissioner Quill suggested the use of Ahwalem Park for a dog park. She likes the name Cahuilla Village Park for the Centre Pointe Development Park. 334 Community Services Commission Minutes September 8, 2008 3- Commissioner Fitzpatrick suggested artifacts be represented as part of the sign. She likes the name Cahuilla Village Park for the Centre Pointe Development Park. Director Hylton stated that historical information could be placed there. Commissioner Brodsky stated he likes Pioneer Park as the name for Centre Pointe Development Park. Mrs. Neeley stated that the early Pioneer Park came to mind because of the people that came to La Quinta in the 1800's and 1900's. Commissioner Gassman thanked Mrs. Neeley and suggested a plaque be placed at the park no matter what the name is. She likes Pioneer Park as the name for the Centre Pointe Development Park. Commissioner Fitzpatrick asked if staff would be bringing forth a Park Naming Policy. Director Hylton stated that the current Park Naming Policy will be revised and brought back to the Commission at a later date. The Commission took a vote on possible names to forward to City Council. The names voted on included Mountain Vista Park, Vista Pointe Park, Seeley Park, Larry Allen Park, Cahuilla Village Park, Sinsimnis Park, Pioneer Park, and Ahwalem Park. Pioneer Park ranked first and Cahuilla Village Park ranked second. Motion — It was moved by Commissioners Quill/Fitzpatrick to recommend the names "Pioneer Park" as the first choice and "Cahuilla Village Park" as the second choice name for the Centre Pointe Development Park with the suggestion to include a name plaque. Motion carried unanimously. Commissioner Fitzpatrick stated that the Historical Society's research was very important in the Commissions decision. 3. Consideration of the 2008-2009 Community Services Marketing Plan. Director Hylton presented the staff report. Commissioner Darroch asked if all residents get the "La Quinta Sun." Director Hylton stated the "La Quinta Sun" is inserted into the "Desert Sun" and distributed at different locations. Commissioner Fitzpatrick stated she was impressed with the household level of information. She asked if the promotional items (page 24) could be tied into Healthy Family/Kids in the future. Director Hylton stated that some promotional items will have California Children's Outdoor Bill of Rights information. Commissioner Fitzpatrick noted that on page 27 the City does a good job on maintenance, however facilities are unstaffed. Suggested posting signs in facilities with contact information for people who have concerns about facilities. . 335 Community Services Commission Minutes September 8, 2008 -4- Commissioner Quill suggested having a sign in each park saying "If you see a problem here at this park, call ....... Commissioner Fitzpatrick suggested putting brochures at the Automobile Club office and seasonal rental offices. Commissioner Quill stated that the Marketing Plan was well done. She noted that most of the City's promotions are done by reading or on the web. She suggested promoting on Spanish and English radio and television, maybe Eye on the Desert. Commissioner Quill stated that the City can buy 6x3 banners for $110 and she would like to see them for some events. Commissioner Brodsky stated that staff did a marvelous job on the Marketing Plan. He asked about the Friends of the Senior Center membership card for $5. Director Hylton stated that the Friends of the Senior Center is a non profit group and one of its fundraising strategies is to have a member card to their organization. Commissioner Gassman stated that the Marketing Plan was a wonderful report. The City of La Quinta is the only City that provides excursions. On occasion, the excursions have been cancelled because there were an insufficient number of people. She suggested interviewing people who have gone on the excursions for input and suggestions. Chairperson Leidner asked about the cancellation rates on page 28. Director Hylton stated that staff needs to work on over programming in certain areas. Chairperson Leidner stated that the Marketing Plan was very aggressive and comprehensive. Motion - It was moved by Commissioners Fitzpatrick/Brodsky to approve the 2008-2009 Community Services Marketing Plan with suggestions. Motion carried unanimously. 4. Consideration of a Sand Volleyball Court Location. Mr. Howlett presented the staff report. Commissioner Brodsky stated this was a terrific idea. He asked if replacing sand was expensive. Mr. Howlett stated that the primary purpose of the Seasons Retention Basin is to retain water and the approximate cost for sand and labor is $10,000. I. 336 Community Services Commission Minutes September 8, 2008 -5- Commissioner Fitzpatrick suggested a soils test be done before the project is bid. She stated that if the court is built in a retention basin, the Public Works Department will need to recalculate what that 100-year storm basin in now holding. Commissioner Fitzpatrick suggested the Adams Park location. Commissioner Quill asked if the City has a grass volleyball court. She suggested staff look into putting a grass volleyball court at Seasons Retention Basin. Commissioner Darroch stated that Adams Park would be more utilized than Seasons Retention Basin. Commissioner Fitzpatrick asked how the volleyball would be programmed. Director Hylton stated that the programming has not been determined at this time. Commissioner Gassman stated the volleyball court is a great idea. She likes Seasons Retention Basin best because there is room for expansion. The Seasons Retention Basin would enable to City to have a grass volleyball court nearby. Chairperson Leidner stated he looked at both locations and Adams Park seems like a better location. He asked what maintenance would need to be done to the sand to keep it in a playing condition. Mr. Howlett stated the sand would be raked weekly. There will be a quick coupler installed next to the court to wet down the sand for cooling and compaction. Motion - It was moved by Commissioners Fitzpatrick/Gassman to recommend to City Council to consider the Sand Volleyball Court be located at Adams Park. Motion carried unanimously. CORRESPONDENCE AND WRITTEN MATERIALS 1. Community Services Department Report for July 2008 Commissioner Quill stated the Terra Cotta Warriors excursion is missing on September 30, 2008. Commissioner Brodsky stated he has attended the Georgia O'Keefe exhibit in San Diego and was very disappointed. Commissioner Gassman stated that Kathy Dunham will be dressing as Georgia O'Keefe and doing a presentation. Commissioner Quill asked if there were any park updates. Mr. Howlett stated the Bronze Relief Map at the Cove Oasis Trailhead was stolen. Four sections of the fence at the Fred Wolff Nature Preserve at Calle Chillon were wiped out by a vehicle. Two brass backflows connectors were taken from La Quinta Park. Commissioner Fitzpatrick asked if cages could be installed around the backflows for 337 Community Services Commission Minutes September 8, 2008 -6- security. Mr. Howlett stated that CVWD owns the backflows, which affects the City's water flow. Commissioner Quill asked when the hiking signs would be installed. Director Hylton stated that staff is in the process of ordering them and getting an encroachment permit from CVWD. They should be installed by Trails Day. 2. Calendar of Monthly Events Commissioner Quill asked about the First Friday at the Museum. Director Hylton stated the event was held inside with approximately 20 people in attendance. The Boys & Girls Club Drum Line performed. Commissioner Quill asked why the Senior Center and the Museum both have events on the First Friday's. Director Hylton stated that there is a different market for each event and the Senior Center events are later in the evening. Commissioner Quill asked what the Hidden Historic Sites on October 14, 2008 is. Director Hylton stated this event is being coordinated by the Historic Society and will forward information. Commissioner Quill asked who will be leading the kids on the walk on October 18, 2008. Director Hylton stated the Stewards are handling the education on the hikes. COMMISSIONER ITEMS 1. Reports from Commissioners Regarding Meetings Attended. Commissioner Gassman attended the Open Air Cinema for March of the Penquins and Ratatouille and the First Friday at the Museum. Commissioner Gassman recommends attendance at the First Friday program and stated that the October First Friday will be hosted by Mimi's Cafd. The Museum has a new exhibit coming up "The Last Stand" which will be a $7.00 charge for adults and children are free. Commissioner Brodsky, Commissioner Chairperson Leidner attended the Boys Center. Fitzpatrick, Commissioner Biegel, and and Girls Club luncheon at the Senior Commissioner Gassman attended the National Night Out. Director Hylton stated that the event is for drug prevention awareness sponsored by Target. Commissioner Quill asked if the City Council had made any decision on a fireworks event. Director Hylton stated that the City Council would like the Commission to 338 Community Services Commission Minutes -7- September 8, 2008 suggest alternatives for the fireworks show. That report will be brought back to the Commission next month. OPEN DISCUSSION Commissioner Quill shared Trails Alliance Maps with the Commissioners. ADJOURNMENT It was moved by Commissioners Brodsky/Gassman to adjourn the Community Services Commission meeting at 6:54 p.m. Motion carried unanimously. NEXT MEETING INFORMATION: A Special Meeting of the Community Services Commission to be held on October 4, 2008 commencing at 9:00 a.m. at the south entrance to La Quinta City Hall, 78-495 Calle Tampico, La Quinta, CA 92253. Submitted by: C2. Angela Guereque Community Services Senior Secretary 339 REPORTS & INFORMATIONAL ITEMS: COMMUNITY SERVICES COMMISSION MINUTES October 4, 2008 CALL TO ORDER A special meeting of the Community Services Commission was called to order at 9:00 a.m. by Chairperson Leidner. PRESENT: Commissioners Darroch, Fitzpatrick, Gassman, Quill, Chairperson Leidner ABSENT: Commissioners Brodsky and Biegel STAFF PRESENT: Edie Hylton, Community Services Director; Steve Howlett, Golf & Parks Manager; and Angela Guereque, Senior Secretary PUBLIC COMMENT - None. WrOTM STUDY SESSION • Sports Complex. Director Hylton explained that the rehabilitation project memorandum of understanding is planned to go before the City Council in November. Desert Sands Unified School District would like to do the whole project in one summer season. • Jefferson Street Bridge Railings. No recommendations were made. • Monticello Park. Commissioners discussed the placement of the picnic table, the amount of land required for a dog park, the feasibility of lighting, and resetting the rocker in the playground for safety reasons. • Adams Park. Improvements to the park and the separation of the retention basin were discussed. Contractors will submit options and bids for playground equipment. The possibility of volleyball court lights was discussed. Generally, lights are not recommended for neighborhood parks. It was suggested that the same playground equipment be purchased for both Adams and Fritz Burns parks. The water valve box cover needs to be replaced and the possibility of steps for Vista Dunes gate access was suggested. • Centre Pointe Park. Commissioners asked where the new benches would be placed. Suggestions included under the shade structures next to the existing 340 Community Services Commission Minutes October 4, 2008 _2_ benches or on top of the hill so that people could see their dogs. A resident at the large dog park stated there is a need for more benches, but if they were installed on top of the hill it would interfere with the dog space. Commissioners agreed to install the benches in the original location, under the shade structures. Parking continues to be an issue. • Desert Pride Park. A question arose regarding a park sign policy. Currently the signage includes information about the park hours and dog leash laws in each park. An identifying sign for each park was suggested. Several Commissioners asked about the purpose of the concrete bowl. When informed it was a sandbox, it was suggested that the bowl be painted and tiled to add color or remove it. Landscape was apparently missing in the entryway half circle. • La Quinta Park. Commissioner Quill suggested the drinking fountain/mister be installed on the backside of the restrooms and Commissioner Darroch suggested a drinking fountain/mister be added to the northeast field. There are currently 5 drinking fountains located at the park. Other concerns were low level lighting closer to the street and fencing in the southwest corner. • La Quinta High School Mascot Mural. No recommendations were made. • Cahuilla Family at Point Happy. Staff noted the plaque needs cleaning. It was recommended that a bridge be installed for pedestrians to use instead of having to use the parking lot. • Desert Dolmen. No recommendations were made. • "Don" at Rancho La Quinta. No recommendations were made • Saguaro Park. Staff explained the purpose of this green project. It was suggested that a tree be installed near the picnic table. • Washington Street Bridge Railings. No recommendations were made. • Horses Running Free. No recommendations were made. • Seasons Park. A volleyball net area for grass volleyball was recommended. It was also noted that the exits from the play structure need resilient surfacing and the play area needs safety material. • Old Town Tile Mural. No recommendations were made. • Time Stream II @ Village Roundabout. No recommendations were made. 341 Community Services Commission Minutes October 4, 2008 - 3- 0 Bear Creek Trail and Fred Wolff Nature Preserve. Staff explained the DG trail project. It was reported that the drinking fountain is not working at Ensenada. • Cove Oasis Trailhead - Fish Trap. It was suggested that information explaining what a fish trap represents on the bear would be educational. • Velasco Park. Staff explained that this park is the best Green designed park. • Eisenhower Park. Staff explained that this is another example of the Green project. Concern was raised as to whether the entrances are ADA compliant. It was suggested that a picnic table be moved under the trees. • Fritz Burns Park. Staff explained all of the improvements occurring. • Civic Center Campus. It was suggested that disc golf and chess/checkers tables be considered for this park. CONSENT CALENDAR - None. PUBLIC HEARING - None. BUSINESS ITEMS — None. ADJOURNMENT It was moved by Commissioners Fitzpatrick/Gassman to adjourn the Community Services Commission meeting at 12:40 p.m. Motion carried unanimously. NEXT MEETING INFORMATION: A regular meeting of the Community Services Commission to be held on October 13, 2008 commencing at 5:30 p.m. at the La Quinta City Hall Study Session Room, 78-495 Calle Tampico, La Quinta, CA 92253. S mitted y: Angela Guereque Community Services Senior Secretary 342 REPORT/INFORMATIONAL ITEM: Ab INVESTMENT ADVISORY BOARD Meeting September 10, 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 Chairman Ross, followed by the Pledge of Allegiance. PRESENT: Board Members Ross, Moulin, Rassi, and Park ABSENT: Board Member Daniel OTHERS PRESENT: John Falconer, Finance Director, and Vianka Orrantia, Senior Secretary II PUBLIC COMMENTS — None. III CONFIRMATION OF AGENDA Chairman Ross advised that there were two Board Member handouts to add to the agenda. Mr. Falconer advised that these handouts were two staff handouts, one being the August cash flow analysis, which was not available at the August meeting, to be discussed under V. Business Session — Item A and the second item was an email from Board Member Moulin regarding the government take over of Fannie Mae and Freddie Mac, along with Staff responses to Board Member Moulin's request for information. Chairman Ross advised that his handout was a list regarding investments from stock mutual funds and would like it added to Board Member items. IV CONSENT CALENDAR Approval of Minutes of Meeting on August 13, 2008 for the Investment Advisory Board. MOTION - It was moved by Board Members Moulin/Park to approve the minutes of August 13, 2008. Motion carried unanimously. V BUSINESS SESSION A. Transmittal of Treasury Report for June and July 2008 Mr. Falconer presented the Staff report advising that the June draft report was discussed at the August meeting and page 8 was available reporting the cash and investments by fund, which was subject to audit adjustments, which were now available. 343 Investment Advisory Board Minutes September 10, 2008 Mr. Falconer presented the July report and advised that page 13 reflects a decline in the portfolio by $8.6 million due to the Vista Dunes and the Dune Palms housing projects, in addition to two months of invoices from the Sheriffs Department of approximately $1.2 million and a semi-annual waste hauling payment to Burrtec, which totaled approximately $900,000. Mr. Falconer also advised that the portfolio maturity has decreased from 18 days to 62 days. Mr. Falconer further advised that the report format remained the same with the exception of page 15, which Staff incorporated the recommended changes by the Board changing the limits set forth from the 2008/09 Investment Policy (i.e. Freddie Mac, Federal Home Loan and LAIF). In addition, also added was the section of the professional managed account to the report. Mr. Falconer further reported that the portfolio has declined slightly to yield an overall rate of 2.7%, with the pooled cash portfolio at 2.99%. Staff is waiting to discuss issues regarding the current benchmark or disclosing additional items for comparison into the financial statement. In addition, page 18 reflects a maturity in Farm Credit paper, which was not reinvested, but was invested into LAIF. In response to Board Member Rassi, Mr. Falconer stated that he is looking for direction from the Board regarding a "benchmark," whether or not the Board would like to use other references or eliminate the benchmark. Chairman Ross advised that there were previous discussions of possibly using a 3-month, 6-month, Commercial Paper or LAIF as a benchmark. Board Member Moulin advised Staff that on page 15, there had been a title change and it should now read "Permissible Deposits and Investments." In response to Chairman Ross, Mr. Falconer advised that there are various proposals from both political parties regarding the State budget. Mr. Falconer further advised that there were some discussions of the State possibly taking money either from non -housing redevelopment agency funds or from housing redevelopment agency funds. General discussion ensued by the Board and Staff regarding the State budget and possible contributions to the State towards the budget. Board Member Moulin advised that the extraordinary economic conditions including the explicit federal backing of the debt securities of Fannie Mae & Freddie Mac may present unique investment opportunities for the sale 344 Investment Advisory Board Minutes September 10, 2008 of securities at a gain. Board Member Moulin suggested that the Board consider whether the investment policy should be revised to deal with these extraordinary conditions. General discussion ensued among the Board and Staff in reference to Fannie Mae and Freddie Mac. Mr. Falconer advised that the City currently holds $20 million in Freddie Mac commercial paper with $10 million due to mature in September. Mr. Falconer stated that he does not like to trade in the market and the investment policy's 30% cap on GSE's. In response to Chairman Ross, Mr. Falconer advised that he plans to invest in Farm Credit commercial paper. Continued general discussion ensued by the Board and Staff regarding Fannie Mae and Freddie Mac. Chairman Ross requested that this item possibly be continued for discussion under Board Member items. MOTION - It was moved by Board Members Rassi/Moulin to approve, receive and file the amended Treasury Report June and the July 2008 motion carried unanimously. In response to Chairman Ross, Board Member Moulin advised that there should be further discussion about Freddie Mac and Fannie Mae and if there will be a need to amend the investment policy accordingly. In response to Chairman Ross, Mr. Falconer advised that there could be further discussion of Fannie Mae and Freddie Mac under Board member items but there couldn't be any formal action taken. Board Member Moulin suggested that this item be continued to the next scheduled meeting. S. Continued Discussion of the Investment Advisory Board 2008/2009 Work Plan Chairman Ross advised of the handout submitted by Board Member Moulin, along with Mr. Falconer's comments and asked Board Member Moulin to comment on the handout. Board Member Moulin stated that he felt that the two most important jobs of the investment Advisory Board were to: 1) to determine that the investments comply with the investment policy and 2) to be satisfied that 3 345 Investment Advisory Board Minutes September 10, 2008 investments comply with the investment policy and 2) to be satisfied that the expected statutory obligations and the obligations of the Treasurer meet the expected liabilities and expenditures over the next six months. Board Member Moulin suggested that the cash flow section of the Treasurer's Report be summarized. In response to Chairman Ross, Board Member Moulin advised that the information was obtained from the National Treasurer's Association and from World Bank. In response to Board Member Moulin, Mr. Falconer stated that the Mayor had inquired about the Fannie Mae and Freddie Mac situation and he had informed the City Manager. Mr. Falconer suggested that the Accounting Manager attend the next scheduled meeting and present the assumptions preparation of the cash flow process either in written or verbal form. Mr. Falconer advised that each line item in the budget is reviewed and projected out for the year. Chairman Ross thanked staff and suggested that the cash flow sheet be forwarded in written form for the Board's review prior to the next scheduled meeting. Board concurred. Mr. Falconer advised that the Treasurer's Report serves two purposes: 1) to support a statement of six -months cash on hand and 2) cash flow variances for a one month period. Chairman Ross asked if attachment 1 of the Treasurer's Report was useful to the Board. Board Member Moulin stated that he didn't think so. Chairman Ross advised that attachment 2 was a memorandum from the Treasurer with his evaluation and recommendations of State required reports. Mr. Falconer advised that at the previous meeting, the Board asked Staff to return with the requirements the State requires in preparing a Treasurer's Report. Staff referred back to State Code 53646 and analyzed and compared it page by page to the current Treasurers Report. Mr. Falconer reiterated that this not a recommendation by Staff but if the Board feels that the Treasurer's Report be streamed lined, than this could help in deciding what reports to modify. Mr. Falconer advised that upon his conversation with the Accounting Manager, she stated to him that she would continue to prepare the Treasurer's Report in the same format due to the check and balances the 4 340 Investment Advisory Board Minutes September 10, 2008 current format contains. Mr. Falconer also advised that if presentation is important to the Board there are some reports that could be modified. Mr. Falconer further advised that pages 1, 3 and 5 are a requirement and could not be modified. Chairman Ross suggested that the Treasurer's Report be reviewed page by page to determine what is being reported in more than one report and what is report specific. Mr. Falconer reported the following: Page 1; Reports cash on hand for the next six month period, along with sources of documents used to generate the fair market value of the investments, in addition to the balances by category and compliance with the State Code with no exceptions to the State Code. In response to Chairman Ross, Mr. Falconer advised that the City Council receives the entire Treasurer's Report along with a cover letter. In response to Board Member Moulin, Mr. Falconer advised that the Treasurer's Report is first approved by the Board and than submitted to Council for final approval. Page 2; Not a requirement of State Code, therefore not a required page. General discussion ensued by the Board and Staff regarding the term "surplus funds," actual percentages vs. surplus percentages, and the establishment of the LAIF percentages. Mr. Falconer advised that page 34 was developed to distinguish between actual funds and surplus funds. General discussion ensued by the Board and Staff on the process of the City's warrant run. In response to Chairman Ross, Mr. Falconer advised that page 35 was developed at the request of a former Board member, Board Member Olander. Mr. Falconer further advised that policy states that there should be at least two years of historical data listed. General discussion ensued by the Board and Staff regarding the historical data and the impact to the chart due to the change in the investment policy. 5 347 Investment Advisory Board Minutes September 10, 2008 Board Member Moulin suggested that the following changes to the chart: (with information listed below title of column): Column 1 — Monthly annualized earnings of pooled cash and investments Column 2 — Annualized earnings of fiscal agent Column 3 — Combination of column 1 & 2 (historical data) Column 4 — Average maturity With remaining data for comparative purposes only. Mr. Falconer advised that this particular report is not required by State Code. In response to Board Member Moulin, Mr. Falconer advised that in order to comply with State Code requirements, the Treasurer's Report must be completed within 30 days of a quarter. Due to scheduling of the Investment Advisory Board meetings, Staff is unable to present to the Board, to meet the State requirement, the City's quarterly investments reports. Chairman Ross advised that at the previous board meeting it was suggested that the Board consider forming a sub -committee, due to the absence of Board Member Daniel the Board should consider continuing discussions of the work plan to the next scheduled meeting. MOTION - It was moved by Board Members Moulin/Park to continue the discussion of the Fiscal Year 2008/2009 Work Plan Investment Policy to the next scheduled meeting. VI CORRESPONDENCE AND WRITTEN MATERIAL A . Month End Cash Report — August 2008 Mr. Falconer advised that LAIF has continued to decline slightly in the month of August, with the portfolio currently at $67 billion, in addition to a decline in Treasury rates. Noted and Filed B. Pooled Money Investment Board Report — June 2008 Mr. Falconer advised that as a result of Board Member Moulin's email (page 2 of the handouts) and his question regarding the impact to the City's investments with LAIF still currently invested in Fannie Mae and Freddie Mac, Mr. Falconer contacted Christine Solich, Assistant Director of Investments at LAIF and she advised Mr. Falconer of their recent 0 Investment Advisory Board Minutes September 10, 2008 website posting, which stated that as of September 8`" LAW currently has 8.96% of their portfolio invested in Fannie Mae and Freddie Mac. Mr. Falconer further advised that there has been a reduction in LAIF's investments in Fannie Mae and Freddie Mac over the past few months and future investments will remain short-term. Mr. Falconer also advised that the City's LAW balance is currently at $46.5 million. General discussion ensued among the Board and Staff regarding LAIF's additional commercial paper investments and their terms. Noted and Filed C. Joint City Council/IAB Meeting Mr. Falconer advised the Board that the annual joint meeting with the City Council and the Investment Advisory Board has been scheduled for November 25" at 7:00 p.m., at the City Center in the Study Session Room. Mr. Falconer also advised that duration for each Board/Commission is approximately 30 minutes. Noted and Filed VII BOARD MEMBER ITEMS Board Member Moulin advised that his email (handout) was a result of a news release and felt that Staff should be alerted of a possible default of Fannie Mae and Freddie Mac, which could have resulted in a loss for all agencies. Mr. Falconer advised that page 3 of his handout was a list of investments by maturity, along with the current accrued interest. Mr. Falconer further advised that he contacted the City's custodian at Bank of New York, Mr. Richard Lopez, and asked if there were any settlement issues with Fannie Mae and Freddie Mac and his response was that all recent purchases have settled. General discussion ensued by the Board and Staff regarding the news release of Fannie Mae and Freddie Mac. Board Member Moulin advised that depending on the outcome of Fannie Mae and Freddie Mac, the Board could recommend an amendment to the Investment Policy. Mr. Falconer advised that page 4 of his handout was excerpts from rating agencies affirming their ratings for commercial paper. In response to Chairman Ross, Mr. Falconer advised that he receives a daily spread analysis of the current market value of commercial paper and noticed a 7 349 Investment Advisory Board Minutes September 10, 2008 narrowing in price of Fannie Mae and Freddie vs. Farm Credit and Federal Home Loan Bank. Mr. Falconer advised that his concern was the duration of the government guarantee. Board Member Moulin commented that he felt that the guarantee would be indefinite. Chairman Ross advised that his handout was in regards to the Parnassus Equity Income Fund and was for informational purposes only. Chairman Ross further advised that this fund makes active use of WARS for their cash balances. VIII Adjournment MOTION - It was moved by Board Members Park/Moulin to adjourn the meeting at 5:58 p.m. Motion carried unanimously. Vianka Orrantia, Senior Secretary 8 350 Department Report: - A / T NOF fttti9 TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager, Management Services DATE: November 4, 2008 SUBJECT: Department Report — Response to Public Comment The following public comments were made at the October 21, 2008 City Council meeting: 1. Mike Redding, 78-360 Villa Caliente, represented patrons of the dog park at Pioneer Park. He asked if the City had plans to make additional improvements to the park such as lighting and additional seating. Council stated although at this time there are no plans for improvements, Mr. Redding was directed to meet with Community Services Director Hylton to discuss the desired improvements. 2. Michelle Patton, 54-290 Avenida Martinez, Steering Committee President for Top of the Cove Neighborhood Association spoke on the latest clean-up event she organized on October 11. She also attended the October 4 meeting of dog owners. She thinks they have a valid concern to have a leash -free area for dogs, but she hoped that the Top of the Cove will not be considered for this use. She stated that the natural habitat for wildlife becomes contaminated when dogs are allowed to run free. She asked that the City's ordinances be enforced for keeping dogs on leashes waste to be picked up at the Top of the Cove, and not have a leash -free area there. Mayor Adolph responded stated he made the announcement at the last City Council meeting requesting volunteers for the clean-up event and hoped Ms. Patton received volunteers. 11 351 Council Member Kirk thanked Ms. Patton personally as well as on behalf of the entire Council for taking the lead and being the self-appointed steward for the Top of the Cove. The clean-up is always very well -organized with water, gloves and bags. She has done a fantastic job. Council Member Henderson stated she is the chair of the Santa Rosa/San Jacinto Monument committee. Because there are so many agencies involved with complex issues and rules, they shouldn't fear that the Top of the Cove would be made into a leash -free area because the interests are too divergent. Mayor Adolph said they have directed staff to look at a few sites in the City for a leash -free area, but the Top of the Cove is not one of the areas they are pursuing. 3. Mark Moran, 53-545 Avenida Cortez, is on the executive committee of the advisory council for aging who are advocates for the elderly. He spoke on legal action being taken by the City with regard to Ageda Carmargo's garage conversion. He asked the Council to allow her to bring the room up to code to keep this garage conversion. Council asked staff to provide information related to the case and bring it back for discussion at the November 4, 2008 meeting. City Attorney Jenson stated the next court date and the deadline for her to comply is in January 2009, so the information would be able to be provided to Council for the November 4 meeting. They have already been taking steps to identify what needs to be done to bring it under compliance They had a meeting at the site yesterday. It is required by the code in that area that a two -car garage be in place, and to come into compliance, the City Attorney's understand was that Ms. Camargo would have to demolish those improvements. Building & Safety Director Hartung stated the only correction available right now for options is to put the structure back to a garage. A permit would not be able to be issued for that conversion unless another two -car garage was built. 4. Mr. Siah Nix, Director of the Gerald R. Ford Boys and Girls Club of La Quinta thanked the City for their continued support of the organization. He introduced Ms. Maria Gonzales, President of the Keystone Club, who presented a plaque in appreciation of the City's support for "National Day 4 Kids." Jim Hildenbrand, Travertine, reported on the progress of their project. He stated the developer has been working diligently to present plans for approval at the beginning of 2009. They will continue to work through current issues with staff to complete the project. 35) /-a T4hY'4"4Q" MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Assistant City Manager — Development Services DATE: November 4, 2008 SUBJECT: Quarterly Marketing Report Per the City's contract with Kiner Communications, the first Quarterly Marketing Report for Fiscal Year 2008/2009 is attached. ,. 353 3 GEM of the DESERT — Quarterly Marketing Report First Quarter of Fiscal Year 2008-09 City of La Quinta Marketing Plan Implemented by Kiner Communications COMPLETED: 2008 Palm Springs Life Advertorial for October Progress Issue — Wrote and • coordinated photography for the City's advertorial in Palm Springs Life's annual October Progress Issue. (See attached) City Newsletter/Budget Report — Wrote, designed, printed and mailed annual budget report newsletter, highlighting key goals and plans for the new fiscal year. (See attached) CVEP/Husing Report Sponsorship Ad — Created half -page ad for the Coachella Valley Economic Partnership/Husing Report program as part of the City's sponsorship of this annual event. (See attached) 2009 City Calendar Photography — Managed process and photo shoots for the 2009 City Calendar. Determined a shot list that tied La Quinta locations and activities into next year's theme, which is "La Quinta Treasures." Public Relations — Wrote and distributed press releases regarding the Last Stand exhibit (and other fall events at the La Quinta museum), Savor a Taste Dining Tour, La Quinta Trails Day, Consumer Protection Presentation, Care Manager Consultation, an Interior Design Class, Story Time at the La Quinta Museum and the La Quinta Housing Forum. 354 ® Hotel Cooperative Marketing Program — Reviewed and reported on initial results of the Journey TV cooperative marketing program. According to the data available for the initial run of Journey TV (through July, which included a heavy bonus schedule by Time Warner), the La Quinta Journey TV segments were viewed 6,603 times in 36 markets across the country. Full results of this program will be available in December, and will be presented to Council in January 2009. Television Bonus Coverage — Secured additional exposure for the City free -of -charge with public television network, KVCR, and its Hello Paradise program (broadcasting the City's 2-minute Journey TV segment both locally and in the Beverly Hills/Santa Barbara area) as well as additional "green" spots tagged as "brought to you by the City of La Quinta" (broadcasting locally on Time Warner). City Banner Design — Created new La Quinta display banner, which were unveiled at the CVEP/Husing Report event. (See attached) Last Stand Flyer — Reformatted flyer promoting Last Stand exhibit at La Quinta Museum. IN PROGRESS: 2009 City Calendar — Working on completion of the calendar design. Calendar proofs were presented to staff on October 30, with the goal of getting the project finalized and approved for printing in order to be mailed on or around Thanksgiving weekend. Tourism Website — Held concepting meeting and worked with staff on viewing websites that will serve as inspiration for La Quinta's new tourism website. Preferred features include: quality, simplicity, color and photography appeal, special audio/visual elements, and user-friendly structure. The project is in initial design phase. ® Bob Hope Chrysler Classic Pairings Sheet Ad — Finalizing design of La Quinta ad for the Bob Hope Chrysler Classic Pairings Sheet. 355 5r5 ® Airport Baggage Claim Display — Currently evaluating available displays at the Palm Springs International Airport. Once display location is selected, design will begin. Village Cooperative Marketing Program — Presenting a cooperative plan to Village partners (Old Town La Quinta, SilverRock, Embassy Suites La Quinta, and La Quinta Resort) to advertise during key Valley events located near or in La Quinta, such as the HITS horse hunter/jumper series in Thermal, the Bob Hope Chrysler Classic, and the tennis tournament in Indian Wells. Ad design will begin once plan is approved by Village business partners. Going Green Community Workshop Ad and PR Efforts — Working on promoting the "Going Green Community Workshop" slated for December 4 in conjunction Imperial Irrigation District, Coachella Valley Water District, and Burrtec. Designing a full -page, color ad for the November 27 issue of the La Quinta Sun; issuing a press release in mid - November and following up with the media for event promotion and coverage. E 0 356 Mayor Donald Adolph Mayor Pro Tem Lee Osborne Council Members Terry Henderson Stanley Sniff Tom Kirk Year Incorporated 1982 Population 42,958 Median Household IS Income $67,754 The `Gem of the Desert' Shines BY ANDREA CARTER The La Quinta Museum Is a delightful new attraction to the city, featuring exhibit space, a meeting room with attached kitchen, museum store, and an exquisite courtyard ideal for special events. dawn's first light peers over the spectacular Santa Rosa Mountains each day, it reveals an And nchanting, well -planned community that clearly lives up to its moniker, "Gem of the Desert." a Quinta's blend of insurmountable beauty, inspired recreational activities, commitment to the arts, diverse entertainment options provides the ideal desert paradise for visitors and residents alike. And statistics show that La Quinta has burgeoned into a shopping and dining hub, as well. While a number of cities are experiencing significant drops in retail sales, La Quinta's most recent figures indicate a continued and steady increase. La Quinta's retail sales have tripled since 2000 and increased 50 percent since 2004. Projections for 2008 point to retail sales in the neighborhood of $800 million — on pace to break $1 billion, given La Quinta's strong retail, population, and housing base. This achievement reflects the forethought of city leaders, beginning over a decade ago with the adoption of an Economic Development Plan in 1996. Since then, smart growth has been a strategy that has produced continued success year after year. In 2005, the city sought input from its residents regarding which shops and restaurants they would like to see come to La Quints. A wish list was compiled from the responses, and desired businesses were targeted through a strategic business recruitment effort. Some of the top -requested shops and restaurants from that program — such as Costco and Trader Joe's — have now located in La Quinta. Additionally, new family dining options include Worn's Cafe and Applebee's. With more hot spots to enjoy, La Quetta remains a strong draw for tourists. La Quinta hotels have partnered with the city to promote the destination to Southern California's drive-in market. A project currently underway includes a new tourism Web site that promises to capture and showcase all the exquisite amenities La Quinta has to offer. At the heart of La Quinta's tourism appeal, La Quinta Resort & Club has been a cornerstone of the city's past since it first opened in 1926 as a small group of casitas. Today, it has grown to become one of the country's premier resorts — a secluded 796-room hotel featuring casitas, suites and villas, golf courses, tennis courts, pools, restaurants, and an award -winning spa. This year, La Quinta Resort was named Best of the West 357 I] • SPECIAL ADVERTISING FEATURE "The ideal desert paradise for visitors and residents alike." by Meetings West magazine (a highly -rated monthly resource for industry meeting planners and professionals). Other hospitality venues have Joined La Quetta Resort in recent years, giving visitors a number of excellent choices in accommodations. Embassy Suites La Quinta — a Hilton property with 179 rooms and casitas, a spa, restaurant, pool, and conference facilities — is growing in popularity, as evidenced by room occupancy which is up from last year. And room occupancy for 2009 is on pace to almost double from 2008. Homewood Suites La Quinta, located in the northem section of the city, is another fine example of the Hilton hotel brand. Thu property was ranked No. 1 by Hilton in 2007 of all Homewood Suites in California. Homewood Suites La Quinta is structured for extended -stay visits — with 129 suites, complimentary hot breakfasts, and an enhanced pool area. For those seeking a more intimate setting, Lake La Quetta Inn offers 13 deluxe guest rooms with fireplaces and lake and mountain views, as well as spa services. The property was voted Most Romantic Inn by BedAnclBreakfast.com in 2005, and often sees the return of devoted guests — lured by its breathtaking surroundings. La Quanta's legend as a getaway to the rich and famous in the mid-20th century continues to set the tone for development in the city. Architecture and landscaping are carefully considered to maintain the quaint atmosphere that has defined La Quanta's charm over time. Historic roots are weaved throughout the cozy Village at La Quinta, which has grown into a retail, restaurant, art, and entertainment district tucked in the heart of a mountain cove. Ambiance abounds as the sun sets, with rustic street lamps and the sounds of baseball, tennis and playground fun at nearby parks — creating a Norman Rockwell scene. The Village is home to a quaint, pedestrian -friendly retail center known as Old Town La Quetta, which hosts regular events such as Concerts on the Lawn and Art Under the Umbrellas sponsored by the La Quetta Arts Foundation. The lively events attract new visitors to this treasure that u Just enough off the beaten path to make you feel like you've escaped to another world. The picturesque surroundings create an ideal work atmosphere as well, with plenty of office space available in the Village for those looking to start or relocate a business. Undoubtedly, the most notable addition to the Village this year is the La Quinta Museum, which opened in May. Expanded from an old water district building that once housed the museum, the new two-story facility overlooks a soothing water fountain and charming courtyard ideal for special events. The 9,000-square-foot expansion incorporates history throughout, including historic gates, lamps, and stained-glass windows from La Quinta's playground of yesteryears — the Desert Club. A museum store, spacious meeting room with attached kitchen, and an Andre Blanche mural depicting the history of La Quints round out this must -see La Quinta attraction. Exhibitions will change several times throughout the year. The current exhibition, titled Last Stand, features landscape and wildlife photographs by award -winning National Geographic photographer Arnie Griffiths Belt and will inn until Jan. 4, 2009. The La Quetta Museum will also feature a First Friday series with live entertainment and refreshments, as well as Story Time reading groups for young children. Adjacent to the Village is the city's extraordinary SilverRock Resort. The development features a championship golf course that was a pro favorite in its first year as a home course of the Bob Hope Chrysler Classic. Many pros used the Arnold Palmer Classic Course BevMo, Mimi's Caf6, Starbucks, and Panda Express are just some of the additions to the Komar Center, located at the corner of Jefferson Street and Highway 111 by Costco. 358 z C3 40 J • • The 'Gem of the Desert' Shines Above: A 6,000-square-foot Emergency Operations Center was built In the basement of the city's recent city hall expansion, providing resources for emergency managers during times of crisis. Below: Plans for the permanent clubhouse at SllverRock Resort are underway, with renderings showcasing a grand facility that will Include a grill lounge, golf shop, banquet room, terrace, and event lawn. at SilverRock as their practice and warm-up course during the renowned tournament. Built at the base of the stunningly serrated Santa Rosa Mountain ridges, SilverRock's incredible views and excellent course conditions have increased interest and golf play there, particularly since its rave reviews following the Hope Classic. Plans for the permanent clubhouse are underway, with renderings showcasing a grand facility that will include a grill lounge and dining room, golf shop, banquet room, terrace, and event lawn. Designed in a Mexican hacienda -style, the club house will be comparable to those of high -end private clubs in the Coachella Valley. La Solana, an exquisite boutique hotel, as well as high -end retail, restaurants, a lake, resort hotel, 30-acre special events lawn, and a second golf course designed by PGA Tour legend Peter Jacobsen are planned to complete this phenomenal destination. While enthusiasm builds as SilverRock continues to further develop, other city amenities came to fruition this year, including a 10,000-square-foot expansion of the La Quinta Library that added a children's area, more than 15 computers, and study too=. The children's area is filled with colorful, size -appropriate seating. The La Quinta Library now has the third largest circulation in Riverside County. Outdoor aficionados in La Quinta have more to love this year, too. Trails winding through La Quinta will soon be upgraded via the Top of the Cove Trails Plan. The plan facilitates a coordinated effort between the city, the California Bureau of Land Management, the Coachella Valley Water District, and hiking groups. It will provide for improved signage and trail conditions. Centre Pointe Park, located near Homewood Suites at the intersection of Seeley Drive and Miles Avenue, offers new recreational activities in the northern section of La Quinta. A playground, dog parks for small and large dogs, and an expansive grassy area can be enjoyed by residents and visitors. New public an pieces have been installed, generating even more interest in the Art in Public Places program. Take a leisurely afternoon drive throughout La Quinta to check out Freedom at1. 359 SPECIAL ADVERTISING FEATURE ® Griffin Ranch, The Pider at Andalusia, Air Stream 11 in the Village roundabout, and two new tide murals in Old Town La Quinta. The La Quinta Community Services Conornission approved a strategic plan for this program, which includes creating an artist registry and working with the La Quanta Arts Foundation to continue implementing diverse at throughout the community. La Quinta's inch arts culture provides a beautiful carwas for businesses, attracting convenient new shopping destinations and services. Business in La Qumta continues to boom with a plethora of added office space available. Perhaps one of the city's largest upcoming ventures is the highly anticipated Eisenhower Medical Center facility at Washington Street and Miles Avenue. The medical complex will occupy 15 acres and is by far the largest extension of Eisenhower Medical Center outside its main campus. From beauty and charm to safety and security, La Quinta continually strives for community excellence. Enhancements in the safety and transportation arenas have been especially appreciated by residents. This yen the city is adding four swom patrol deputies, a community service officer, and a lieutenant. The addition of a 6,000-square-foot Emergency Operations Center is a key advancement to safety, as well. Located in the basement of the city's 20,000-square-foot city hall expansion, it is structurally reinforced to withstand large earthquakes. The EOC is a vital location where decision -makers can gather during emergencies so they have the resources and facilities available to work swiftly during times of crisis. Equipped with water and power reserves, city leaden can use the center to act ® as emergency managers when necessary. To further enhance public safety, the city has formed a Community Emergency Response Team, which consists of 30 volunteers who have received disaster preparedness training. CERT members assist others in their neighborhood or workplace following an incident when professional responders are not immediately available. This nationwide program stems from the Federal Emergency Management Agency. Driven in La Quinta can look forward to transportation improvements, including the widening of Highway Ill to three lanes between Adams and Jefferson streets and from Washington Street to the western city limits. Traffic -signal controls will also be replaced, allowing the city to better coordinate signals for improved traffic Row along Highway 111. "Going green" continues to be a top priority for the city. Sprinkler systems are being converted to drip irrigation, new playground equipment is made from recyclable materials, and traffic signals are being converted to more efficient light - emitting diodes. What's more, the city has received national recognition for its Vista Dunes Courtyard Homes affordable bowing development. Vista Dunes, with state-of-the-art, energy -efficient building materials and appliances that will minimize utility bills and be environment -friendly, has received "platinum" certification from the Leadership in Energy and Environmental Design for Homes program — a national rating system for green budding. Vista Dunes is the largest multifamily, affordable -housing project in the country to have received this certification. La Quinta continues to strive for the very best — in ® recreational amenities, art and culture, entertainment and business, housing and the environment, as well as public safety and transportation. The allure of La Quinta is as strong as ever, and exciting milestones are imminent as this charming desert community advances to the next level. ■ PERMANENT POPULATION zc F si, il, 1 2,10E 40 30 20 ASSESSED PROPERTY VALUES oa6ure 4 1999 '000 2001 2002 2003 2004 2005 2006 2007 2008 BUILDING PERMIT VALUATIONS win on, s 350 30o 250 200 150 1998 1999 2000 20C1 2002 2003 2004 2005 2006 200' HOTEL ROOM SALES lu11-a $ 60 TOTAL TAXABLE SALES Fiscal Yo , wae��s s 720 620 520 420 320 220 FY99 FY00 1Y01 FY02 FYC3 104 Fr05 FY06 FYo] 360 E IT Y Fall 2008 City Looks Forward to Financial Stability in 2008-09 Fiscal Year The current economy has affected individuals, businesses and government agencies alike, and while the City of La Quinta expects decreases in revenue from interest, tees for service, and licenses/permits, the City has taken a cautious planning approach to ensure financial slanlity for La QUInta in the 2008-09 Fiscal Year. The addition of many new businesses in La Quinta over the past year has helped spur healthy retail sales figures for the City. The City has tripled its retail sales since 2000. with a 50% increase since 2004. Projections for 2008 point to retail sales in the neighborhood of $800 million — on pace to break $1 billion, given La Quinta's strong retail, population, and housing base. Safety remains a top priority in the City of La Quinta. The City is bringing on tour patrol deputies, a community service officer and a lieutenant. Fire services w1h receive addilim it funds as well, and phase one of the Village/Cove Area Fire Station will begin this Year As part of the City's Capital improvement Program, the City will begin phase one of the construction of the City's widening of Highway 111 between Adams and Jefferson Streets. In addition, the City will be widening Fred Waring Drive to six lanes between Adams and (Cor+rnared on Page 2) SilverRock Hosts 2009 Hope Classic SilverRock will once again be one of the four courses in the Bob Hope Chrysler Classic rotation this January as B celebrates its 501h anniversary. This will be SilverRock's second year in the tournament, joining Bermuda Dunes Country Club, the Nicklaus Private Course at PGA West, and the Arnold Palmer Private Course at PGA West— which will serve as the tournament's host course. Arnold Palmer will be the host for the 50th anniversary Classic. Palmer played in the tournament 42 of its 50 years and he is the only five -time champion, winning the inaugural tournament in 1960 and again in 1962, 1968,1971 and 1973. The dates of the event are January 19-25, 2009. SilverRock will host the Celebrity Field on Wednesday, January 21. Golf Course Overseeding Schedule The Arnold Palmer Classic Course at SilverRock Resort is scheduled to reopen from overseeding on November 51h. Until Thanksgiving weekend, golf carts will be restricted to cart paths only. For more intormatioR on SllverRock Resort, call (760) 777-88M or ga to www.SitverRock.org, 361 City Looks Stability in (Conhnued from cover page) Forward to Financial 2008-09 Fiscal Year Washington Sheets, with plans IN a signal light at Palm noyale to ease school traffic in the area. The City reroans cornmfrted 10 green and sustainable enwmnrnentai goal,, which include partnering with the Coachella Valley Water District (CVWD), Imperial Irrigation Dislftt (111)) and The Gas Company to implement environ- mentally efficient programs that reduce greenhouse gas emissions. A project the City is especially proud of is the Vista Dunes Courtyard Homes It is the largest rnuIIl-family, affordable housing project in the nation to achieve "platinum" status by LEED for GENERAL FUND REVENUE $45,439,854 FY 08109 SA3n 171 Homes (a nationally accepted benchmark for high performance green buildings). In 2007-08, General Fun(! revenues reflected a net increase from the previous year The City is ahead of the curve on generating steady revenue — particularly sales tax and transient occupancy tax. The City has planned conservatively 11) order to maintain financial stability for the comrnun%h. In addition to adopting a balanced budget, the La Ouinta City Council has assured the City has adequate reserves In the event there is a protracted downturn if) the economy. GENERAL FUND EXPENDITURES $45,434,951 FY 08109 $5,053'M $1,860,828 11.1% 4.1% 196,91, Foe Services Planning 1.78,s2a 1.7% CRY Clerx $715,454 $12,175.556 1.6% 26R% Transier Police Out $5,6m 81(1 General :z Govemrneni Service 're for the Holiday Season he a holidays can sometimes distract us from considering safety as we celebrate. The following tips eminders to in mind during holiday fun. R " label -flame-resistant/flame retardant. • Avoid putting your live tree up too early and leaving*uPor Keep rtfit'ines ugh t tripping. longer than two weeks. To ensure ' Id be made of a light color material. • Place your tree away from heat sources and escape exits. A m esight; consider using non -toxic makeup. • Remember to water your tree daily. r lights or chemical light slicks to light •Safely dispose of tree at a recycling center or community jack -lanterns inst of candles. pick-up servic it becomes dangerously dry. • it children to avoid open flames or other heat sources. Teach •Never use empty socket Lights should not touch children to STOP, DROP and ROLL if their clothing catches fire. co • Provide children with lightweight flashlights. • Be sure you're using are certified for outdoor use. • A parent or responsible adult should supervise trick -or -treating. • Stay in a familiar neighborhood. Far more information of holiday safety tips, go to www.rvcfire.arg • Closely inspect all candy before allowing children to eat it. and click on "Your Safety. " 362 P I J E Celebrate the upcoming holidays with fun events put on by the City of La Ouirrla. Mark your calendars! DOG-O-WEEN Dogs and their owners are welcome to participate in this annual costume contest. Date: Saturday, October 25 Time: 10:00-11:00 am Place: Fritz Burns Park Age: All ages Cost: FREE HALLOWEEN CARNIVAL The Annual Halloween Carnival will feature plenty of games, activities, candy and prizes! Date: Friday, October 31 Time: 3.30-6.00 pm Place: President Gerald R. Ford Boys and Girls Club of La Quinta Gymnasium Age: All ages Cost: FREE VETERAN'S DAY TRISUTG a� Acknowledge veterans this Veteran's Day at La Quinta Civic Center. This patriotic tribute will feature music and refreshments. Date: Tuesday, November 11 Time: 1:00-3:00 pm Place: La Quinta Civic Center Campus (on Calle Tampico, next to City Hall) Cost: FREE LA QUINTA TRAILS DAY Get out, get active and enjoy the natural resources that La Quinta has to offer. Events and short hikes will take place next to the breathtaking Bear Creek Trail. Date: Saturday, November 15 Time: First hike starts at 8:00 am Place: Bear Creek Trail on the corner of Madero and Tecate. Cost: FREE CHRISTMAS TREE LIGHTING CEREMONY Ring in the holiday season with the Annual Christmas Tree Lighting Ceremony, featuring a visit from Santa, festive music, arts -and -crafts booths, and activities for children. Date: Friday, December 5 Time: 6:00-8:00 pm (Candy Cane Hunt will begin at 6:15 pm and prizes will be awarded) Place: La Ouinta Civic Center Campus Age: All ages Cost: FREE BREAKFAST WITH SANTA At this annual holiday pancake breakfast, Santa will be handing out gms to those on his "nice" list. Date: Saturday, December 13 Time: 9:00-11:00 am Place: La Quinta Senior Center (78-450 Avenida La Fonda) Cost: $5.00 ?%cp Age: All ages (children under 5 eat free) Ever wonder exactly how roundabouts work? Roundabouts are used in many parts of the world to move traffic safely and efficiently through busy intersections. The following rules will help motorists successfully navigate the Jefferson Street/Avenue 52 and Village roundabouts: • Slow down; speeds below 15 mph are appropriate • Traffic travels in a counter clockwise direction • You must give way to traffic already in the roundabout • The roundabout at Jefferson and Avenue 52 is designed for a single lane of traffic; do not try to enter parallel to another vehicle • The car on the left does not have the right of way; always yield to the car on the right when approaching the roundabout • Always yield to traffic and pedestrians in the roundabout • Vehicles already in the roundabout have the right of way; pedestrians should cross in marked crosswalks only • Use turn signals when entering or exiting the roundabout; if you miss your exit, simply stay in the roundabout until you come back to it • Bicyclists use the same rules as vehicles For more information and advanced registration, go to ® — www.la-quinta.org or call the Community Services Contact the Public Works Department at Department at (760) 777-7090. (760) 777-7051 with any questions. 363 P.0 Box 1504 La Quinta CA 92247- I504 CONTACT US Please feel free to contact us with any questions regarding information presented in this newsletter. City of La Opiate Office of the City Manager Phone: (760)777.7108 Email: contactus@la-quinia.org is ECnwss Postal Patron La Quinta. CA 92253 Museum Features National Geographic Exhibition, Events & More The La Quinta Museum, which opened its doors in May, is currently featuring a must -see traveling exhibition by the National Geographic Museum, which showcases unique images that document and capture the essence of America's endangered wilderness area. The exhibition, lived "Last Stand: America's Virgin Lands," is currently on view at the La Quinta Museum, and will run through January 4, 2009.Organized, produced, and traveled by the National Geographic Museum, the 57 works are drawn from a National Geographic•, book of the same name by awart1winning photographer Annie Griffiths Belt and noted author Barbara Kingsolver. Belt's images take viewers tram the tall - grass prairies of Kansas to the Arctic tundra of Alaska — bearing passionate EAAWBs to the remaining few wildernesses. In addition to "Last Stand: America's Virgin Lands," the La Quinta Museum has a number of other exciting programs and exhibitions "The History of Food in La ouinta," located on the first floor gallery, explores the evolution of food in La Quinta from the Cahuilla Indians' diet, to agriculture, to fine dining. While you're there, be sure to check out the MUSEUM'S masterpiece -in -progress — a mural by Andre Blanche depicting some of La Quintas most significant landmarks and historical milestones. And don't miss special events such as Storytime for preschoolers and First Fridays, a free event featuring music and light refreshments. For more information on the Nabonal Geographic Exhibition or any of the other won- derful programs and events altered by the La Quinta Mnseurn, please call (760) 561-1283. 364 Printed on i oT,,o recycled paper E � 0 §f§/, ` ƒ k } \ k $ § � \00 { 3 ƒ }) \ \ \ \ � � 1. 365 ® Kir.erCommunications NEWS SERVICE 1 FOn IMMEDIATE RELEASE Contact: Colleen Cole-Velasquez Director of Public Relations Kiner Communications 760.773.0290 x248 colleencv(@kinercom.com La Quinta, CA. (July 24, 2008) - The City of La Quinta's Planning Department is hosting a Housing Community Forum. This interactive "open -house" event will allow residents to be part of the city's efforts in updating its housing element. What does the La Quinta Housing Element do? ® Identifies existing and projected housing needs, and specifies resources and limitations relevant to meeting community housing needs. Identifies community goals and objectives relative to the preservation, improvement, and development of housing. Identifies an action plan for meeting the goals and objectives of the Housing Element via various controls, incentives, and subsidy programs. The Housing Element has been designed to address key housing issues in the City. Some of the key issues include: affordability, balanced inventory, quality/conditions, energy conservation, and balanced growth. "La Quinta's housing policies have resulted in a beautiful, well balanced community that residents are proud to call home. We are working hard to keep it that way, especially as our population grows and some of our inventory ages" said Les Johnson, La Quinta's Planning Director. "In this inclusive forum process, it's important that we hear from our community." The forum will be held Thursday, July 24th, between the hours of 6:00 and 8:00 p.m., at the La Quinta Library. The library is located at 78-275 Calle Tampico, just west of Washington Street. For additional information, please visit the City's homepage, HYPERLINK "http://www.la-quinta.org" www.la-quinta.org. or call the Planning Department at760-777-7125 =61 ® E a�Cv a�Cv G E.M of the DESERT — FOR IMMEDIATE RELEASE — October 8, 2008 MEDIA CONTACT: Lisa Spiridopoulos - Kiner Communications (760) 773-0290, Ext. 227 Arnold Palmer's Restaurant Next Stop on Tour, Monday, October 13 La Quinta, CA ... The City of La Quinta is offering an exclusive opportunity to meet the Chefs and enjoy a specially prepared meal at various La Quinta restaurants featured in the book "Savor A Taste of the California Desert -Signature Restaurant Recipes." ® On Monday, October 13, at 4:30 pm, the "Savor a Taste Dining Tour" makes a stop at Arnold Palmer's Restaurant (78164 Avenue 52, La Quinta). While at Arnold Palmer's Restaurant, diners will enjoy a delicious meal and also receive a signed copy of the recipe book signed by Chef Brett Maddock. The cost is $32 per person (as well as a $20 membership fee for tour participation). The "Savor a Taste Dining Tour" started on September 10 with a visit to the Adobe Grill at the La Quinta Resort. On September 22, diners were treated to a meal at Stuft Pizza Bar & Grill. "SAVOR A TASTE DINING TOUR" SCHEDULE ■ Arnold Palmer's — Monday, October 13m at 4:30 p.m. Registration for this event ends October l dh Amore Ristorante Italiano — Tuesday, October 28`h at 4:30 p.m. Registration for this event ends October 24th Cunard's Sandbar — November 11t' Registration for this event ends October 31 The Falls Restaurant — November 17`h Registration for this event ends November 10 ® For more information on this program, call (760) 564-0096. To register please visit www.la- ouinta.oM or stop by the Community Services Department located at La Quinta Civic Center. Restaurant menus will be available at www.la-ouinta.orc. 367 PDF created with pdfFactory Pro trial version www.i)dffactory.com �, ® taQai a GEM Mwe DESEFI — Media Contact: Andrea Carter/Lisa Spiridopoulos (760)773-0290 La Quinta Museum to Host National Geographic Exhibition and Fall Events (La Quinta, CA) Beginning this Friday, September 26, the City of La Quinta's newest attraction, the La Quinta Museum, will premier an extraordinary temporary exhibition from the National Geographic Museum. This must -see exhibition, titled "Last Stand: America's Virgin Lands," showcases unique images that document and capture the essence of America's endangered wilderness area. "Last Stand: America's Virgin Lands" will run through January 4, 2009. The 57 works are drawn from a National Geographic book of the same name by award -winning photographer Annie Griffiths Belt and noted author Barbara Kingsolver. Belt's images take viewers from the tall -grass prairies of Kansas to the Arctic tundra of Alaska — bearing passionate witness to our remaining few wildernesses and reminding us why they should be preserved. Cost for the exhibition is $7.00 for adults 18 and older, and free -of -charge for ® members of the La Quinta Historical Society. "Last Stand: America's Virgin Lands" is organized, produced, and traveled by the National Geographic Museum. In addition to the National Geographic Museum exhibition, the La Quinta Museum has a number of other exciting programs and exhibitions this fall. "The History of Food in La Quinta," located on the first floor gallery, explores the evolution of food in La Quinta through local plants and animals, Cahuilla cooking, agricultural changes and luxury, and the modem diet. Also of interest is the Museum's masterpiece -in -progress — a mural by Andre Blanche depicting some of La Quinta's most significant landmarks and historical milestones. Museum guests can come to the museum and watch Blanche at work. Special events such as Storytime for preschoolers on September 10, October 8 and November 5, and First Fridays, a free event the first Friday of each month featuring music and light refreshments, round out the many things to enjoy at the La Quinta Museum. For more information, call (760) 564-1283. The La Quinta Museum is located at 77-885 Avenida Montezuma. Hours of operation are Wednesday -Saturday, 10:00 a.m. to 4:00 p.m. and Sunday, 1:00-4:00 p.m. F The new La Quinta Museum opened on May 24, 2008. The new building includes archives, a research area, a catering kitchen, three galleries, a museum store, a stunning courtyard, and a multipurpose room. The two-story Spanish Colonial Revival style building will host local and 368 traveling exhibits, programs, lectures, and cultural activities. The 9,000 square foot expansion was a project of the City of La Quinta. ® The National Geographic Museum produces exhibitions based on National Geographic projects and research, which are displayed at the Society's headquarters in Washington, D.C., and travel to museums around the world. National Geographic exhibitions reflect the richness and diversity of our world while supporting the Society's mission to inspire people to care about the planet. For more information on the National Geographic Museum, visit ngmuseum.org. LI n LJ 369 �J �1 ta Q rev GEM ofth, DESERT — FOR IMMEDIATE RELEASE FOR ADDITIONAL INFORMATION CONTACT: BRET PLUMLEE, ASSISTANT CITY MANAGER (760) 777-7035 CITY OF LA QUINTA OFFERS CONSUMER PROTECTION PRESENTATION ® LA QUINTA, CA .... The La Quinta Senior Center, in partnership with the Department of Consumer Affairs, is offering a presentation for seniors on "Consumer Protection" Wednesday, November 5 from 10:00 a.m. to 11:00 a.m. Protect yourself from unlicensed businesses and dishonest car repair shops. FREE The La Quinta Senior Center is located at 78-450 Avenida La Fonda. For more information, please call (760) 564-0096. 1] 370 n a taQr� — GEM of the DESERT — FOR IMMEDIATE RELEASE FOR ADDITIONAL INFORMATION CONTACT: BRET PLUMLEE, ASSISTANT CITY MANANGER (760)777-7035 CITY OF LA QUINTA OFFERS CARE MANAGER CONSULTATION LA QUINTA, CA ... The La Quinta Senior Center is offering FREE one-on-one consultation on navigating healthcare systems, ethical issues, and advanced directives. ® Geriatric care manager Diane Kelly will conduct consultations on Thursday, November 6 from 1:00 p.m. to 2:00 p.m. The La Quinta Senior Center is located at 78-450 Avenida La Fonda. For more information, please call (760) 564-0096. n U 371 u • W (rev GEM fthe DESERT — FOR IMMEDIATE RELEASE FOR ADDITIONAL INFORMATION CONTACT: BRET PLUMLEE, ASSISTANT CITY MANAGER (760) 777-7035 CITY OF QUINTA OFFERS INTERIOR DESIGN CLASS LA QUINTA, CA .... The La Quinta Senior Center in partnership with interior designer Nanette Laser presents Basics of Pattern on Tuesday, November 4 from 1:00 p.m. to 3:00 p.m. Join Ms. Laser for this fun and informative visual display of how patterns, such as plaids and stripes, work using wallpaper and fabrics. Please sign up at front desk. FREE The La Quinta Senior Center is located at 78-450 Avenida La Fonda. For more information, please call (760) 564-0096. 372 11 6� Qu�(rev GEM ajebe DESERT — FOR IMMEDIATE RELEASE FOR ADDITIONAL INFORMATION CONTACT: BRET PLUMLEE, ASSISTANT CITY MANAGER (760)777-7035 CITY OF LA QUINTA OFFERS STORY TIME AT LA QUINTA MUSEUM ® LA QUINTA, CA.... Join us at the La Quinta Museum every month for story time! November 5, 10:00 a.m., we will be reading Cactus Hotel by Brenda Z. Guiberson, which recommended for children ages 3 to 5. The La Quinta Museum is located at 77-885 Avenida Montezuma. For more information please call (760) 564-1283. 11 373 J GEM ofthe DESERT — FOR IMMEDIATE RELEASE October 29, 2008 Contact: Heather McMahan Kiner Communications 760.773.0290 ext 240 THE CITY OF LA QUINTA HOSTS A DAY OF HIKING, OUTDOOR EDUCATION, STARGAZING AND MORE The City of La Quints is hosting a day of outdoor activities and all community members are invited to participate in this year's La Quinta Trails Day, which is taking place on November 151 at the La Quinta Cove Oasis. Beginning at 8am, participants can go on guided hikes (8am, 9am, loam and I Iam) or try their hand at Geocaching. The Living Desert will be giving outdoor education sessions, and there will be several information booths with community information. Special guest, Philip Ferranti, author of 140 Great Hikes in and near Palm Springs will be doing a slideshow presentation at the Senior Center at 8:30am and a book signing at 9:30am at the Cove Oasis. In the evening, a Stargazing presentation will take place at 4:OOpm at the La Quinta Museum and will continue at the Cove Oasis at 6:OOpm. La Quinta Trails Day is from 8:OOam — noon and free to attend. The event takes place at the La Quinta Cove Oasis, top of the cove, corner of Madero and Tecate. All ages are welcome. Come out to enjoy a hike, search for a cache, view the stars through a telescope and take advantage of the natural resources La Quinta. has to offer. ® For more information, please contact La Quinta's Community Services Department at (760) 777-7090. 314 La Quinta �Jrf��11�/_/'�%��j✓jam '�r