2008 12 02 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
TUESDAY, DECEMBER 2, 2008
Special Meeting
2:45 P.M.
Regular Meeting
3:00 P.M. Closed Session / 4:00 P.M. Open Session
Beginning Resolution No. 2008-074
Ordinance No. 463
2:45 P.M.
CALL TO ORDER
Roll Call:
Council Members: Henderson, Kirk, Osborne, Sniff, and Mayor Adolph
PUBLIC COMMENT
BUSINESS SESSION
1. CONSIDERATION OF ADOPTION OF A RESOLUTION CERTIFYING THE
OFFICIAL CANVASS OF ELECTION RETURNS FOR THE GENERAL
MUNICIPAL ELECTION HELD NOVEMBER 7, 2008.
A. RESOLUTION ACTION
B. ADMINISTER OATH OF AFFIRMATION TO NEWLY ELECTED
OFFICIALS
City Council Agenda 1 December 2, 2008 ' 001
k1QQ17 LMdJ
CLOSED SESSION
NOTE: Time permitting the City Council may conduct Closed Session discussions during
the dinner recess. In addition, persons identified as negotiating parties are not invited into
the Closed Session meeting when acquisition of real property is considered.
1. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS,
PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL
TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL
PROPERTY FOR THE FOLLOWING: PROPERTY OWNERS/NEGOTIATORS: APN:
767-220-004 — TURNER DEVELOPMENT; AND APN: 767-220-007 - PALM
DESERT DEVELOPMENT COMPANY, DANAVON HORN; APN: 767-220-031 —
COACHELLA VALLEY UNIFIED SCHOOL DISTRICT.
2. CONFERENCE WITH CITY'S LEGAL COUNSEL PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(b) REGARDING THREATENED LITIGATION (ONE
MATTER).
3. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS,
PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL
TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL
PROPERTY IDENTIFIED AS APN 600-020-012. PROPERTY OWNERS/
NEGOTIATORS: PROTECH HOLDINGS 123, DAVE BIGLEY.
RECESS TO CLOSED SESSION
RECONVENE AT 4:00 P.M.
4-00 P-M.
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT
At this time members of the public may address the City Council on any matter not listed
on the agenda. Please complete a "request to speak" form and limit your comments to
three minutes.
CONFIRMATION OF AGENDA
PRESENTATIONS — NONE
City Council Agenda 2 December 2, 200$ 002
WRITTEN COMMUNICATIONS — NONE
APPROVAL OF MINUTES
1. APPROVAL OF MINUTES OF NOVEMBER 18, 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 DECEMBER 2, 2008.
2. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM THE
FRIENDS OF THE LA QUINTA SENIOR CENTER.
3. DENIAL OF CLAIM FOR DAMAGES FILED BY FREDERICK LOVE — DATE OF
LOSS: OCTOBER 28, 2008.
4. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT
MAP 31379, LEGACY VILLAS, CENTEX HOMES.
5. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION
OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 32879, GRIFFIN
RANCH, MCCOMIC-GRIFFIN, LLC AND GRIFFIN RANCH, LLC.
6. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION
OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 32879, GRIFFIN
RANCH, MCCOMIC-GRIFFIN, LLC AND GRIFFIN RANCH, LLC.
7. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH WEC
ENGINEERING TO PREPARE THE PLANS, SPECIFICATIONS, AND
ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COSTS FOR
LAGUNA DE LA PAZ SOUND ATTENUATION WALL IMPROVEMENTS,
PROJECT NO. 2008-01.
8. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH DMC
DESIGN GROUP, INC. TO PREPARE THE PLANS, SPECIFICATIONS, AND
ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COSTS FOR THE
VILLAGE ENHANCED PEDESTRIAN CROSSINGS AND TRAFFIC CALMING
DEVICES, PROJECT NO. 2008-04.
City Council Agenda 3 December 2, 1008 003
9. APPROVAL OF CONTRACT CHANGE ORDER NO. 5 FOR ADDITIONAL COST
OF $46,151.12 FOR TRAFFIC SIGNAL IMPROVEMENTS AND
MODIFICATIONS DURING NIGHT TIME HOURS FOR HIGHWAY 111
IMPROVEMENTS FROM JEFFERSON STREET TO ADAMS STREET, PROJECT
NO. 2001-07A, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE
CHANGE ORDER.
10. APPROVAL OF AN AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT WITH WILLDAN FOR TRAFFIC ENGINEERING SERVICES.
BUSINESS SESSION
2. CONSIDERATION OF PILLARS OF THE COMMUNITY APPLICATIONS.
A. MINUTE ORDER ACTION
3. CONSIDERATION OF PROFESSIONAL MARKETING SERVICES FOR FISCAL
YEAR 2009/2010.
A. MINUTE ORDER ACTION
4. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 2.60, SECTION
2.60.020 (DESIGNATED EMPLOYEES - DISCLOSURE CATEGORIES) OF
THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATIVE TO
"CONFLICT OF INTEREST CODE."
A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE
FURTHER READING
B. INTRODUCE ORDINANCE NO. ON FIRST READING
5. CONSIDERATION OF DESIGN OPTIONS FOR PLACEMENT OF STREET NAME
SIGNAGE IN THE COVE AREA.
A. MINUTE ORDER ACTION
6. CONSIDERATION OF CITY COUNCIL REORGANIZATION.
A. MINUTE ORDER ACTION
City Council Agenda 4 December 2, 2008 - 004
7. CONSIDERATION OF CITY COUNCIL STANDING COMMITTEE
APPOINTMENTS AND OTHER AGENCY APPOINTMENTS.
A. MINUTE ORDER ACTION
8. CONSIDERATION OF AMENDMENT NO. 1 TO THE SITE DEVELOPMENT
MAINTENANCE AGREEMENT WITH FOURTH QUARTER PROPERTIES XLIII,
AS SUCCESSOR IN INTEREST TO 111 VENTURE, LLC.
A. MINUTE ORDER ACTION
STUDY SESSION
DISCUSSION OF DESIGN CONCEPTS FOR NEW FIRE STATION 32 AND THE
CORPORATE YARD.
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 OF OCTOBER 13, 2008
005
City Council Agenda 5 December 2, 2008
DEPARTMENT REPORTS
1. CITY MANAGER
A. RESPONSE(S) TO PUBLIC COMMENTS
B. REPORT REGARDING AB 32 AND SB 375.
2. CITY ATTORNEY
3. CITY CLERK
4. BUILDING & SAFETY DEPARTMENT REPORT - NONE
5. COMMUNITY SERVICES DEPARTMENT REPORT — NONE
A. LIBRARY QUARTERLY REPORT - JULY THROUGH SEPTEMBER 2008
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.
7c00 P_M_
PUBLIC COMMENT
At this time members of the public may address the City Council on any matter not listed
on the agenda. Please complete a "request to speak" form and limit your comments to
three minutes.
PRESENTATIONS — NONE
PUBLIC HEARINGS
For all Public Hearings on the agenda, a completed "request to speak" form must be filed
with the City Clerk prior to consideration of that item.
A person may submit written comments to City Council before a public hearing or appear
in support or opposition to the approval of a project. If you challenge a project in court,
you may be limited to raising only those issues you or someone else raised at the public
hearing or in written correspondence delivered to the City Clerk at, or prior to the public
hearing.
�w
City Council Agenda 6 December 2, 2008
006
1. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION
REGARDING TENTATIVE MAP 36058-4 (RA 2008-005), A REVERSION TO
ACREAGE TO CONSOLIDATE PARCEL MAP 34855. APPLICANT:
STANTEC CONSULTING, INC., FOR STAMKO DEVELOPMENT COMPANY.
A. RESOLUTION ACTION
ADJOURNMENT
The next regular meeting of the City Council will be held on December 16, 2008,
commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the
City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253.
DECLARATION OF POSTING
I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that
the foregoing agenda for the La Quinta City Council meeting of December 2, 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 November 26, 2008.
DATED: ovember 26, 2008
VERONICA J. NT CIN , ity Clerk
City of La nta, California
Public Notices
The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed
for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty-four (24)
hours in advance of the meeting and accommodations will be made.
If special electronic equipment is needed to make presentations to the City Council,
arrangement should be made in advance by contacting the City Clerk's Office at 777-7103. A
one (1) week notice is required.
If background material is to be presented to the City Council during a City Council meeting,
please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the
City Clerk for distribution. It is requested that this take place prior to the beginning of the
meeting.
Any writings or documents provided to a majority of the City Council regarding any item on this
agenda will be made available for public inspection at the City Clerk counter at City Hall located
at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours.
City Council Agenda 7 December 2, 2008 w 007
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COUNCILIRDA MEETING DATE: December 2, 2008
ITEM TITLE: Demand Register Dated
December 2, 2008
RECOMMENDATION:
Approve Demand Register Dated December 2, 2008
BACKGROUND:
Prepaid Warrants:
80521 - 805441
80545)
80546 - 805581
80559 - 80568)
Voids}
Wire Transfers}
P/R 35512 - 355231
P/R Tax Transfers}
Payable Warrants:
80569 - 80727)
FISCAL IMPLICATIONS:
Demand of Cash - City
Demand of Cash - RDA
John M. Falconer, Finance Director
16,305.07
25.00
56,500.94
22,997.84
(1,280.39)
333,813.87
226,080.91
63,068.98
827,260.59
$1,544,772.81
$1,254,740.53
$290,032.28
AGENDA CATEGORY:
BUSINESS SESSION
CONSENT CALENDAR
STUDY SESSION
PUBLIC HEARING
CITY OF LA QUINTA
BANK TRANSACTIONS 11/11/08 - 11/25/08
11/14/08 WIRE TRANSFER - ICMA
11/14/08 WIRE TRANSFER - TASC
11/14/08 WIRE TRANSFER - PERS
11/18/08 WIRE TRANSFER - LANDMARK
11/20/08 WIRE TRANSFER - WATERCOLORS
$10,751.43
$1,176.97
$60,005.71
$158,879 76
$103,000 00
TOTAL WIRE TRANSFER OUT $333,813 87
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Twyl 4 4Q,mrw
COUNCIL/RDA MEETING DATE: December 2, 2008
ITEM TITLE: Adoption of a Resolution Accepting a
Donation from the Friends of the La Quinta Senior
Center
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the City Council accepting a donation from the Friends of the
La Quinta Senior Center.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The Friends would like to donate new furniture to be placed in the hospitality area for
the patrons who utilize the facility. The donation of this furniture is their contribution
to the patrons who utilize the center when participating in activities and events
throughout the year. The Friends of the La Quinta Senior Center have a valued interest
in serving the needs of the Senior Center and its patrons.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council accepting a donation from the Friends of
the La Quinta Senior Center; or
2. Do not adopt a Resolution of the City Council accepting a donation from the
Friends of the La Quinta Senior Center; or
C58
3. Provide staff with alternative direction
Respectfully submitted,
Edie Hylton
Community Services Director
Approved for submission by:
Thomas P. Genovese, City Manager
��•.. G 59
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA. ACCEPTING A DONATION
FROM THE FRIENDS OF THE LA QUINTA SENIOR
CENTER
WHEREAS, on December 2, 2008, the Friends of the La Quinta Senior
Center generously offered a donation of new furniture to be given to the La Quinta
Senior Center as a contribution for the patrons who utilize the facility; and
WHEREAS, the gift was offered for donation to the City of La Quinta and
was not given to or limited to the use of any particular employee or official; and
WHEREAS, it is in the best interest of the City of La Quinta to accept the
donation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
The City of La Quinta hereby accepts the donation of new furniture for
the hospitality area from the Friends of the La Quinta Senior Center as
a contribution to the patrons who utilize the facility.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 2nd day of December 2008, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
C60
Resolution No. 2008-
Friends of La Quinta Senior Center
Adopted: December 2, 2008
Page 2
ATTEST:
VERONICA J. MONTECINO, CMC, City Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
.... C 61
� T
cF $s� 9w5
N OF Tl
COUNCIL/RDA MEETING DATE: December 2, 2008 AGENDA CATEGORY:
BUSINESS SESSION:
ITEM TITLE: Denial of Claim for Damages Filed by: CONSENT CALENDAR: 3
Frederick Love; Date of Loss — October 28, 2008
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Deny the Claim for Damages filed by Frederick Love; Date of Loss — October 28,
2008.
FISCAL IMPLICATIONS:
The total amount of the claim is $750.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
A claim was filed by Frederick Love with a reported date of loss of October 28,
2008 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims
administrator. Carl Warren & Co. has reviewed the matter and recommends that
the City Council deny the claim.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
Deny the Claim for Damages filed by Frederick Love with a reported date of
loss of October 28, 2008; or
062
2. Accept the claim, or some portion thereof; or
3. Provide staff with alternative direction.
Respectfully submitted,
hetPlumlee,
Assistant City Manager — Management Services
Approved for submission by:
i
41
homas P. Genovese, City Manager
Attachment: 1 . Frederick Love, Claim for Damages
C63
FILE WITH:
!N Ara■ U'r%n naaa A. "^
ATTACHMENT 1
CITY CLERK'S OFFICE '""" ••••• • "• • ""'••"""'
TO PERSON OR PROPERTY
CLAIM No.
P.O.BOX
P.O. Box 1504
15D4
La Ouinfa, CA 92253
�>
INSTRUCTIONS .
I. Csimslordaett,ht)urybpersaiorbpemonalpmpeymustbeSWrotlatartltensknx tsaftw
theoccurt nce. (Gov.Code§9112.)
— ^'r
2. Claims for damages b real propety must be fled not later than t peer after tie oaumm. (Gov.
Code§9112)
9. Read wttredabifambabe Sing.
4. See page 2 for diagram upon which b bcaw pwm ofscddwtL
0 ` =7 tj
6. This claim fare must be signed on page 2 at bolbm.
-i o
6. Atlach Separate sheets, frecessM, IDgive lug details. SIGN EACH SHE7.
= - cn
TG: ptM OT UMA `
Dataef 8kI h of
Name
t
OcalpatahofCleimmtt
Horne Address ofClahrmht City
qq /fir
amstate
Home TelephatedCJabltant
;L.
(,
W'l
Business Address of Clabrmnt City and Slate
Telepfronedt \
Give address and telephone ntallber b which You desire notices or conmamiratods lo be sent
CWmanfs Social Seaedy No.:
regarft daim:
s3u- IS.�
When did or INAWoccur?
Names of arty dlp employees bvolve4 in INJURY «DAMAGE:
Date: l t3 912ooVTane:-7: w_
IFClalmis for Willable ht ler m , 9Me dale
daimant served with the corroalnt
Date:
Where did DAMAGE or IWLRY occur? Describe I
&. and locate on dieann on reverse side of this ahanL Mmm anrsnedata. eive shaetrtaews
;¢
ww p,v1dress °tweF measurements� Z�o,G V,c`0Ga �3�¢.�O 54 �S TX .-,r ;bM Wia V-$
1
uesatoe In eeau trove me U MAKit Or VQUKY occurred. 4Xp
keadhtot s4 -ra 4v a es• ID,
a �wJ 5�1�•�5y a,� mow'"
r� cjanlw�fcrlir � dc.�'�1a4�-r�'r+�. S.�
d1 `S cuvx� Cr V4 \EA-G&, 54,fGier'
wvnydoyou aagnmeowsresponsible7TM.S Wo-S O- �cci 'U� �oJ�irl+CdCst�7rv� F k^-f` V1fA4A
Yti� CIc" v(7 q.4'�,r-�ttiti c : z� dt d Reto-d ot6 Coed vc niu�- .
Describe In detail each l URY«DAMAGE 0y^ WV%W Iawt -l'•M. r3f-c"y- ?iV;r-
(yro.5 u'°<1n -fern T's" wen t3rxrgk_r to auP C av8fS9d+�
oli vw, m4te,w
-1,v C64
The amount dabned, as of the date of presentation of this dabs, Is computed as follows:
Damages incurred to date (exact): Estimated prospective damages as far as known:
Damage to properly ..................... E 7 2 Z. 32 Future expenses for medical and hospital care .E
Expenses for medical and hospital care ..... E '— Future loss of earnings ....................E
Loss of earnings ........................ E Other prospective special damages ..........E
Special damages for ..................... E Prosped ive general damages ..............E
Generaldamages ....................... E Total estimated prospective damages .......S
Total damages incurred to date .......... E 711,
Total amount claimed as of date of presenbuon of this dabn: E nz-s t -
Was damage awor khpay invedgated by police? Yrid If so, what city?
Were paramedics or ambulance called? yam-- If so, name ply or ambulance
If Injured, state data. time, name and address of doctor of your inNai visit
WITNESSES to DAMAGE or WURY: List as persons and addresses of persons known lo have Information:
Name Address
Name Address
Name Address
DOCTOR AND HOSPITALS:
Phone
Phone
Ph"
Hospital Doctor Address Phone
Address Phone
Doctor Address Phone
READ CAREFULLY
Ford awderddatirePlace onfu %fedlegremtrmneOfsbeets,IrdudngNoM ooddent by'004 and location of yourself or year vehlob at lhe firne of to amident
East South, And West; badimb place of accident by -r and by shaw&V house by S-t' and the point of Impact by
rAmtersordistanceslosbeetcorner& tCtyvehclewas involved,des�rateby
lector A b0d0ftofCi1tFVdWe when you lira{ saw it and by l)' location of yourset NOTE: tdiagrams below do notR Ba situation, etach hereto a proper diagram
or your vehicle when you first saw Cty Vehide; location of City, veldde at tuna of signed by daknanl
SIDEWALK
CURB
PARKWAY
7 SIDEWALK
17
.=i
x
CURB
ItiitEll
of a false claim is a felony (Pen.
C65
Tit!t 4 4 a"
COUNCIL/RDA MEETING DATE: December 2, 2008
ITEM TITLE: Acceptance of On -Site Improvements
Associated with Tract Map No. 31379, Legacy Villas,
Centex Homes
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Accept on -site improvements associated with Tract Map No. 31379, Legacy Villas,
Centex Homes and authorize staff to release performance securities. Direct staff to
release labor and materials securities ninety (90) days after City Council acceptance of
the improvements.
FISCAL IMPLICATIONS:
None. No public improvements will be accepted with this action.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Tract Map No. 31379, Legacy Villas, is located west of Eisenhower Drive and north of
Avenue 50 (Attachment 1). The improvements include curb and gutter, sidewalk, curb
ramps, storm drain, catch basins, landscaping, signing, striping, and asphalt concrete
pavement. All obligations of the Subdivision Improvement Agreement (SIA) for the on -
site improvements have been satisfied. Attachment 2 indicates the amount of the
warranty security.
1••
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Accept the on -site improvements associated with Tract Map No. 31379,
Legacy Villas, Centex Homes and authorize staff to release performance
securities. Direct staff to release labor and materials securities ninety
(90) days after City Council acceptance of the improvements; or
2. Do not accept the on -site improvements associated with Tract Map No.
31379, Legacy Villas, Centex Homes and do not authorize staff to
release performance securities. Do not direct staff to release labor and
materials securities ninety (90) days after City Council acceptance of the
improvements; or
3. Provide staff with alternative direction.
Respectfully submitted,
hy no
bcWorksD
ctor/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Vicinity Map
2. Warranty Security Exhibit
�. C67
ATTACHMENT 1
TM 31379 LEGACY VILLAS
EISENHOWER DRIVE
AVENIDA FERNANDO
LA QUINTA
HOTEL GOLF &
TENNIS RESORT
x �
cc
N W
iJ m
VICINITY MAP
NOT TO SCALE
CITY COUNCIL MEETING: December 2, 2008
ITEM TITLE: Acceptance of On -site Improvements Associated with
Tract Map No. 31379, Legacy Villas, Centex Homes
APPLICANT: Ms. Jayne Carilo, Jayne Elizabeth Consulting
' C6.3
ATTACHMENT 2
WARRANTY SECURITY
Tract Map No. 31379 - On -Site Improvements
Development Name: Legacy Villas
ON -SITE IMPROVEMENTS
Performance Security'
Improvement Description
Labor &
Materials'
Original
Amount
Proposed
Reduction
WARRANTY
AMOUNT
Gradin
Drainage
$614520
$614520
90%
$61452
Street Improvements
$495 420
$495 420
90%
$49 542
Driveway/ParkingDriveway/Parking Areas & Drainage
$138 450
$138 450
90%
$13 845
Parking Area Improvements Phase 2 & 3
$350,000
$350,000
90%
$35,000
Domestic Water Phase 1
$274,840
1
$274,840
90%
$27,484
Domestic Water Phase 2)
$327,740
$327,740
90%
$32,774
Sanitary Sewer (Phase l)
$286,100
$286,100
90%
$28,610
Sanitary Sewer Phase'
$384,100
$384,100
90%
$38,410
Dry Utilities
$700,000
$700,000
90%
$70,000
Retention Basin Landscaping
$846,000
$846,000
90%
$84,600
Monumentation
$0
$20,000
100%
$0
Standard 10% Contingency$441,717
$443,717
100%
$0
Professional Fees, Design 10%
$485,889
$488,089
100%
$0
Professional Fees, Construction 10%
$485,889
$488,089
100%
$0
No Plans Contingency23%
$1,117,540
$1,122,604
100%
$0
Totals
$6,948,205
$6,979,669
$441,717
' Performance Security shall be released immediately upon City Council acceptance
2 Labor & Materials Security to remain in place for 90 days after City Council
acceptance of improvements.
3 WARRANTY SECURITY (10% of Original Performance Security) shall be received
by the City prior to being placed on the agenda for City Council.
'"1 069
T-df 4 4 a"
COUNCILIRDA MEETING DATE: December 2, 2008
ITEM TITLE: Adoption of a Resolution to Extend the
Time for Completion of the On -Site Improvements for
Tract Map No. 32879, Griffin Ranch, McComic-Griffin,
LLC and Griffin Ranch, LLC
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 September 16,
2009 for Tract Map No. 32879, Griffin Ranch, McComic-Griffin, LLC and Griffin
Ranch, LLC.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Griffin Ranch (Tract Map No. 32879) is located south of Avenue 54, north of Airport
Boulevard, east of Madison Street, and west of Monroe Street (Attachment 1).
On January 16, 2006, the City and McComic-Griffin, LLC and Griffin Ranch, LLC
entered into a SIA for Griffin Ranch. Section 6 of the SIA requires: 'that the
subdivision improvements shall be complete within twelve months after the approval
of the SIA. Failure by Subdivider to begin or complete construction of the
Improvements within the specified time periods shall constitute cause for City, in its
It'. 070
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 April 3, 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 16, 2008.
In a letter dated November 5, 2008 (Attachment 2), the developer states that the
project has been in a holding pattern due to the severe downturn in the economy. The
remaining on -site improvements include the installation of an entrance gate on Avenue
54 and the completion of grading, paving, and installation of sewer and water main
lines in the easterly half of the property. The developer requests a time extension to
September 16, 2009 for completion of the on -site improvements. 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 improvements as specified in the approved Subdivision Improvement
Agreement to September 16, 2009 for Tract Map No. 32879, Griffin Ranch; or
2. Do not 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 September 16, 2009 for Tract Map No. 32879,
Griffin Ranch; or
3. Provide staff with alternative direction.
Respectfully submitted,
Public Works Di
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Vicinity Map
2. Letter from Trans West Housing, Inc. dated November 5,
2008
on.. 072
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 SEPTEMBER 16, 2009 FOR TRACT MAP NO.
32879, GRIFFIN RANCH.
WHEREAS, the City Council approved the Subdivision Improvement
Agreement (SIA) for Tract Map No. 32879, Griffin Ranch, on January 16, 2006;
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 16, 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 September 16, 2009.
Section 2. The time extension for completing the improvements shall expire
when City offices close for regular business on September 16, 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.
073
Resolution No. 2008-
Tract Map No 32879, Griffin Ranch
Adopted: December 2, 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 2no day of December 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
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VICINITY MAP
NOT TO SCALE
CITY COUNCIL MEETING: December 2, 2008
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ITEM TITLE: Adoption of a Resolution to Extend the Time for
Completion of the On -Site Improvements for Tract Map No. 32879,
Griffin Ranch, McComic-Griffin, LLC and Griffin Ranch, LLC
APPLICANT: Ms. Marty Butler, Trans West Housing
075
ATTACHMENT 2
GRIFFIN IANCH
November 5, 2008
Mr. Timothy Jonasson
Public Works Director/ City Engineer
City of La Quinta
78-495 Calle Tampico
La Quinta, CA. 92253
RE: Tract Map 32879, Griffin Ranch
Dear Mr. Jonasson:
TRANS WEST HOUSING
47-120 DUNE PALMS ROAD, SUITE C
LA QUINTA, CA 92253
P 760.777.4307
F 760.777.4308
Griffi nRanchLaQuinra. comJ
I am in receipt of your letter regarding the Subdivision Improvement Agreement for the
above referenced tract.
At this time I would request a one year extension to complete the improvements in the
agreement. We are two thirds complete on the perimeter and about half improved on the
interior. Due to the severe downturn in the economy we have been in a holding pattern
waiting for a improvement of same.
The work could be completed in a few months on all work in the SIA if the economy
does improve. On the exterior we have one additional entrance gate and some
landscaping at the gate and on 54`h Avenue to complete and on the interior we have
additional grading, paving and installation of sewer and water in the easterly half of the
property.
Thank you for considering my request and I will await your decision.
Sincerely,
TRANS WEST HOUSING, INC.
,&).
Marty WAButler
Division Manager
f
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as
T'af 4lwR"
COUNCIL/RDA MEETING DATE: December 2, 2008
ITEM TITLE: Adoption of a Resolution to Extend the
Time for Completion of the Off -Site Improvements for
Tract Map No. 32879, Griffin Ranch, McComic-Griffin,
LLC and Griffin Ranch, LLC
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: _
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a resolution to extend the time for completion of the off -site improvements as
specified in the approved Subdivision Improvement Agreement (SIA) to September 16,
2009 for Tract Map No. 32879, Griffin Ranch, McComic-Griffin, LLC and Griffin
Ranch, LLC.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Griffin Ranch (Tract Map No. 32879) is located south of Avenue 54, north of Airport
Boulevard, east of Madison Street, and west of Monroe Street (Attachment 1)•
On January 16, 2006, the City and McComic-Griffin, LLC and Griffin Ranch, LLC
entered into a SIA for Griffin Ranch. Section 6 of the SIA requires: 'that the
subdivision improvements shall be complete within twelve months after the approval
of the SIA. Failure by Subdivider to begin or complete construction of the
Improvements within the specified time periods shall constitute cause for City, in its
077
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 April 3, 2007, the City Council adopted a Resolution granting a time extension for
the completion of the off -site improvements as specified in the approved SIA to
September 16, 2008.
In a letter dated November 5, 2008 (Attachment 2), the developer states that the
project has been in a holding pattern due to the severe downturn in the economy. The
remaining off -site improvements include the completion of the multi -purpose trail, and
perimeter landscaping on Avenue 54 including the parkway landscaping in front of the
Mery Griffin home. The developer requests a time extension to September 16, 2009
for completion of the off -site improvements. 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
off -site improvements as specified in the approved Subdivision Improvement
Agreement to September 16, 2009 for Tract Map No. 32879, Griffin Ranch; or
2. Do not adopt a Resolution of the City Council to extend the time for completion
of the off -site improvements as specified in the approved Subdivision
Improvement Agreement to September 16, 2009 for Tract Map No. 32879,
Griffin Ranch; or
3. Provide staff with alternative direction.
Respectfully submitted,
Ti othy R. o ass , P.E.
ublic Works Direc /City Engineer
078
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Vicinity Map
2. Letter from Trans West Housing, Inc. dated November 5,
2008
^n 079
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
OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE
APPROVED SUBDIVISION IMPROVEMENT AGREEMENT
TO SEPTEMBER 16, 2009 FOR TRACT MAP NO.
32879, GRIFFIN RANCH.
WHEREAS, the City Council approved the Subdivision Improvement
Agreement (SIA) for Tract Map No. 32879, Griffin Ranch, on January 16, 2006;
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 16, 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 off -site improvements as
required by the approved SIA is extended to September 16, 2009.
Section 2. The time extension for completing the improvements shall expire
when City offices close for regular business on September 16, 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. 32879, Griffin Ranch
Adopted: December 2, 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 2"d day of December 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
1 081
ATTACHMENT 1
TM 32879 GRIFFIN RANCH
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AIRPORT
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VICINITY MAP
NOT TO SCALE
CITY COUNCIL MEETING: December 2, 2008
ITEM TITLE: Adoption of a Resolution to Extend the Time for
Completion of the Off -Site Improvements for Tract Map No. 32879,
Griffin Ranch, McComic-Griffin, LLC and Griffin Ranch, LLC
APPLICANT: Ms. Marty Butler, Trans West Housing
�r 082
ATTACHMENT 2
November 5, 2008
Mr. Timothy Jonasson
Public Works Director/ City Engineer
City of La Quinta
78-495 Calle Tampico
La Quinta, CA. 92253
RE: Tract Map 32879, Griffin Ranch
Dear Mr. Jonasson:
TRANS WEST HOUSING
47-120 DUNE PALMS ROAD, SUITE C
LA QUINTA, CA 92253
P 760.777.4307
F 760.777.4308
GriffinRanchLaQuinta. com
I am in receipt of your letter regarding the Subdivision Improvement Agreement for the
above referenced tract.
At this time I would request a one year extension to complete the improvements in the
agreement. We are two thirds complete on the perimeter and about half improved on the
interior. Due to the severe downturn in the economy we have been in a holding pattern
waiting for a improvement of same.
The work could be completed in a few months on all work in the SIA if the economy
does improve. On the exterior we have one additional entrance gate and some
landscaping at the gate and on 54`h Avenue to complete and on the interior we have
additional grading, paving and installation of sewer and water in the easterly half of the
property.
Thank you for considering my request and I will await your decision.
Sincerely,
I� Q
(_J o�Lk, X4Pauiotrcv
F`y OF Tt1F'O
COUNCIL/RDA MEETING DATE: December 2, 2008
ITEM TITLE: Approval of a Professional Services
Agreement (PSA) with WEC Engineering to Prepare
the Plans, Specifications and Engineer's Estimate of
Probable Construction Costs for Laguna de La Paz
Sound Attenuation Wall Improvements, Project
Number 2008-01
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: _H
CONSENT CALENDAR: /
STUDY SESSION:
PUBLIC HEARING:
Approve a Professional Services Agreement (PSA), in the amount of $85,170, with
WEC Engineering to prepare the plans, specifications and engineer's estimate
(PS&E) for the Laguna de La Paz Sound Attenuation Wall Improvements, Project
Number 2008-01, and authorize the Assistant City Managers to execute the
agreement.
FISCAL IMPLICATIONS:
The following is the project's approved funding and funding sources:
Transportation DIF
Total Funding Available:
The following is the anticipated project budget:
Design:
Inspection/Testing/Survey:
Construction:
Administration:
Contingency:
Total:
$1,262,470
$1,262,470
$85,170
$89,700
$920,000
$46,000
$121,600
$1,262,470
�..r' 084
The design contract includes an evaluation of three wall design alternatives. If
Alternative 1 (remove and replace existing wall), or if Alternative 3 (construct a
parallel wall adjacent to the public right of way) are selected, then the design fee
will not exceed $85,170. If Alternative 2 (retrofit the existing wall by
strengthening the footing and adding block courses) is selected, then the total not
to exceed design fee will be $68,020. The attached PSA is written in a manner
that allows for the selection of the final design alternative before the final design
fee is authorized (Attachment 1)• Adequate funding is available within the
approved budget to support either design alternative.
CHARTER CITY IMPLICATIONS:
The project is 100% funded with local funds. As such, the project will be bid as a
non -prevailing wage improvement which may result in costs savings to the City.
BACKGROUND AND OVERVIEW:
The proposed improvements include the installation of an eight (8) foot sound
barrier on the west side of Washington Street between Eisenhower Drive and
Avenue 48 adjacent to the Laguna de La Paz residential subdivision to mitigate
traffic related noise from the Washington Street corridor. Several design options
will be considered: the first option would remove and replace the existing wall with
a new eight (8) foot wall; the second option would raise the existing wall and/or
provide other treatment to meet the requirement of an eight (8) foot sound barrier
relative to each individual pad elevation; and the third option would leave the
existing wall in place and construct a new wall at the edge of the public right of
way (approximately twelve (12) feet behind the curb).
On April 15, 2008 the City Council adopted Resolution 2008-023 approving the
Fiscal Year 2008/2009 through 2012/2013 Capital Improvement Program (CIP)•
The sound attenuation wall adjacent to Laguna de La Paz is included within the
adopted CIP and is scheduled for funding during Fiscal Year 2008/2009.
On September 16, 2008, the City Council authorized staff to distribute a Request
for Proposal (RFP) to obtain professional engineering services to prepare the plans,
specifications and engineer's estimate (PS&E) for the Laguna de La Paz Sound
Attenuation Wall Improvements, Project Number 2008-01 .
On October 17, 2008, the City received seven (7) proposals for design of the
Laguna de la Paz Sound Attenuation Wall. Following its review, the consultant
selection committee unanimously recommends WEC Engineering be awarded a PSA
to prepare the PS&E for the Laguna de la Paz Sound Attenuation Wall
Improvements, Project Number 2008-01.
085
Contingent upon City Council approval of the PSA (Attachment 1) on December 2,
2008, the following is the project schedule:
City Council Approves PSA December 2, 2008
Project Design (5 months) December 2008 — April 2009
Advertise the Project for Construction May 2009
Construction (6 months) June 2009 — November 2009
Accept Improvements December 2009
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve a Professional Services Agreement (PSA), in the amount of
$85,170, with WEC Engineering to prepare the plans, specifications and
engineer's estimate (PS&E) for the Laguna de La Paz Sound Attenuation Wall
Improvements, Project Number 2008-01 and authorize the Assistant City
Managers to execute the agreement; or
2. Do not approve a Professional Services Agreement (PSA), in the amount of
$85,170, with WEC Engineering to prepare the plans, specifications and
engineer's estimate (PS&E) for the Laguna de La Paz Sound Attenuation Wall
Improvements, Project Number 2008-01; or
3. Provide staff with alternative direction.
Respectfully submitted,
J
othy R. Jo a soon, P
ic Works Di ctor ity Engineer
Approved for submission by:
Douglas Runs, Assistant City Manager
DevelODm nt Services
Attachment: 1 . Professional Services Agreement (PSA)
�nr
086
ATTACHMENT 1
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 WEC Engineering ("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 Laguna de la Paz
Sound Attenuation Wall Improvements, Project No. 2008-01, 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).
087
1.5 Care of Work and Standard of Work.
a. Care of Work. Consultant shall adopt reasonable methods during the life
of the Agreement to furnish continuous protection to the work performed by
Consultant, and the equipment, materials, papers and other components thereof to
prevent losses or damages, and shall be responsible for all such damages, to
persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City's own negligence. The performance of
services by Consultant shall not relieve Consultant from any obligation to correct
any incomplete, inaccurate or defective work at no further cost to City, when such
inaccuracies are due to the negligence of Consultant.
b. Standard of Work. Consultant acknowledges and understands that the
services and work contracted for under this Agreement require specialized skills
and abilities and that, consistent with this understanding, Consultant's services and
work will be held to a heightened standard of quality and workmanship. Consistent
with Section 1.4 hereinabove, Consultant represents to City that it holds the
necessary skills and abilities to satisfy the heightened standard of work as set forth
in this Agreement.
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Consultant shall perform services in addition to those specified in the
Scope of Services when directed to do so by the Contract Officer, provided that
Consultant shall not be required to perform any additional services without
compensation. Any addition in compensation not exceeding five percent (5%) of
the Contract Sum may be approved by the Contract Officer. Any greater increase
must be approved by the City Council.
1.7 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the
"Special Requirements"). In the event of a conflict between the provisions of the
Special Requirements and any other provisions of this Agreement, the provisions of
the Special Requirements shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of
Compensation") in a total amount not to exceed
Dollars ($) (the "Contract Sum"), except as provided in
Section 1.6. The method of compensation set forth in the Schedule of
Compensation may include a lump sum payment upon completion, payment in
accordance with the percentage of completion of the services, payment for time
and materials based upon Consultant's rate schedule, but not exceeding the
'.,_.`' 088
Contract Sum, or such other methods as may be specified in the Schedule of
Compensation. Compensation may include reimbursement for actual and necessary
expenditures for reproduction costs, transportation expense, telephone expense,
and similar costs and expenses when and if specified in the Schedule of
Compensation.
2.2 Method of Payment. Any month in which Consultant wishes to
receive payment, Consultant shall submit to City no later than the tenth (10th)
working day of such month, in the form approved by City's Finance Director, an
invoice for services rendered prior to the date of the invoice. Such invoice shall (1)
describe in detail the services provided, including time and materials, and (2)
specify each staff member who has provided services and the number of hours
assigned to each such staff member. Such invoice shall contain a certification by a
principal member of 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.
�^ 089
3.4 Term. The term of this agreement shall commence on December 3,
2008 and terminate on December 31, 2009 (initial term). This agreement may be
extended upon mutual agreement by both parties (extended term). Unless earlier
terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services,
except as otherwise provided in the Schedule of Performance.
4.0 COORDINATION OF WORK
4.1 Representative of Consultant. The following principals of Consultant are
hereby designated as being the principals and representatives of Consultant
authorized to act in its behalf with respect to the work specified herein and make
all decisions in connection therewith:
Scott D. Walker, P.E., Principal -In -Charge
Bradley Waldrop, P.E., Project Manager
a. It is expressly understood that the experience, knowledge, capability,
and reputation of the foregoing principals were a substantial inducement for City to
enter into this Agreement. Therefore, the foregoing principals shall be responsible
during the term of this Agreement for directing all activities of Consultant and
devoting sufficient time to personally supervise the services hereunder.
The foregoing principals may not be changed by Consultant and no other
personnel may be assigned to perform the service required hereunder without the
express written approval of City.
4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson,
P.E., Public Works Director/City 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.
090
4.4 Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode or means by which Consultant, its agents or
employees, perform the services required herein, except as otherwise set forth.
Consultant shall perform all services required herein as an independent contractor
of City and shall remain at all times as to City a wholly independent contractor with
only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents
or employees of City.
4.5 City Cooperation. City shall provide Consultant with any plans,
publications, reports, statistics, records or other data or information pertinent to
services to be performed hereunder which are reasonably available to Consultant
only from or through action by City.
5.0 INSURANCE INDEMNIFICATION AND BONDS.
5.1 Insurance. Prior to the beginning of and throughout the duration of the
Work performed under this Agreement, Consultant shall procure and maintain, at
its cost, and submit concurrently with its execution of this Agreement, personal
and public liability and property damage insurance against all claims for injuries
against persons or damages to property resulting from Consultant's acts or
omissions rising out of or related to Consultant's performance under this
Agreement. The insurance policy shall contain a severability of interest clause
providing that the coverage shall be primary for losses arising out of Consultant's
performance hereunder and neither City nor its insurers shall be required to
contribute to any such loss. A certificate evidencing the foregoing and naming City
and its officers and employees as additional insured shall be delivered to and
approved by City prior to commencement of the services hereunder.
The amount of insurance required hereunder shall be determined by the
Contract Sum in accordance with the following table:
Contract Sum Personal Injury/Property Damage Coverage
Less than $50,000 $100,000 per individual; $300,000 per occurrence
$50,000 - $300,000 $250,000 per individual; $500,000 per occurrence
Over $300,000 $500,000 per individual; $1,000,000 per
occurrence
Consultant shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or damages to property
arising out of the use of any automobile by Consultant, its officers, any person
directly or indirectly employed by Consultant, any subcontractor or agent, or
anyone for whose acts any of them may be liable, arising directly or indirectly out
of or related to Consultant's performance under this Agreement. If Consultant or
Consultant's employees will use personal autos in any way on this project,
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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 subconsultants), costs and expenses of any kind,
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whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees
of expert consultants or expert witnesses incurred in connection therewith and
costs of investigation, to the extent same are cause in whole or in part by any
negligent or wrongful act, error or omission of Consultant, its officers, agents,
employees or subconsultants (or any entity or individual that Consultant shall bear
the legal liability thereof) in the performance of professional services under this
agreement. With respect to the design of public improvements, the Consultant
shall not be liable for any injuries or property damage resulting from the reuse of
the design at a location other than that specified in Exhibit C without the written
consent of the Consultant.
2. Indemnification for Other Than Professional Liability. Other
than in the performance of professional services and to the full extent permitted by
law, Consultant shall indemnify, defend and hold harmless City, and any and all of
its employees, officials and agents from and against any liability (including liability
for claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind, whether actual,
alleged or threatened, including, without limitation, incidental and consequential
damages, court costs, attorneys' fees, litigation expenses, and fees of expert
consultants or expert witnesses) incurred in connection therewith and costs of
investigation, where the same arise out of, are a consequence of, or are in any way
attributable to, in whole or in part, the performance of this Agreement by
Consultant or by any individual or entity for which Consultant is legally liable,
including but not limited to officers, agents, employees or subconsultants of
Consultant.
3. Standard Indemnification Provisions. Consultant agrees to
obtain executed indemnity agreements with provisions identical to those set forth
herein this section from each and every subconsultant or any other person or entity
involved by, for, with or on behalf of Consultant in the performance of this
agreement. In the event Consultant fails to obtain such indemnity obligations from
others as required herein, Consultant agrees to be fully responsible according to the
terms of this section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set
forth herein is binding on the successors, assigns or heirs of Consultant and shall
survive the termination of this agreement or this section.
4. Indemnity Provisions for Contracts Related to Construction.
Without affecting the rights of City under any provision of this agreement,
Consultant shall not be required to indemnify and hold harmless City for liability
attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of
competent jurisdiction. In instances where City is shown to have been actively
1., 093
negligent and where City's active negligence accounts for only a percentage of the
liability involved, the obligation of Consultant will be for that entire portion or
percentage of liability not attributable to the active negligence of City.
b. Indemnification Provision for Design Professionals.
1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a)
hereinabove, the following indemnification provision shall apply to Consultants who
constitute "design professionals" as the term is defined in paragraph 3 below.
2. Scope of Indemnification. To the fullest extent permitted by
law, Consultant shall indemnify, defend, and hold harmless City and City's agents,
officers, officials, employees, representatives, and departments ("Indemnified
Parties") from and against any and all claims, losses, liabilities of every kind, nature
and description, damages, injury (including, without limitation, injury to or death of
an employee of Consultant or subconsultants), costs and expenses of any kind,
whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees
of expert consultants or expert witnesses incurred in connection therewith and
costs of investigation, that arise out of, pertain to, or relate to, directly or
indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of
Consultant, any subconsultant, anyone directly or indirectly employed by them or
anyone that they control.
3. Design Professional Defined. As used in this Section 5.2(b),
the term "design professional" shall be limited to licensed architects, registered
professional engineers, licensed professional land surveyors and landscape
architects, all as defined under current law, and as may be amended from time to
time by Civil Code § 2782.8.
5.3 Remedies. In addition to any other remedies City may have if Consultant
fails to provide or maintain any insurance policies or policy endorsements to the
extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Consultant to stop work under this Agreement and/or
withhold any payment(s) which become due to Consultant hereunder until
Consultant demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies for
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Consultant's failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractors' performance of work
under this Agreement.
5.4 General Conditions pertaining to provisions of insurance coverage by
Consultant. Consultant and City agree to the following with respect to insurance
provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Consultant, or Consultant's employees, or agents, from
waiving the right of subrogation prior to a loss. Consultant agrees to waive
subrogation rights against City regardless of the applicability of any insurance
proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and
available or applicable to this agreement are intended to apply to the full extent of
the policies. Nothing contained in this Agreement or any other agreement relating
to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that has
not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would
serve to eliminate so-called "third party action over" claims, including any exclusion
for bodily injury to an employee of the insured or of any contractor or
subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises.
Consultant shall not make any reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discovery period) that may affect City's
protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Consultant's general liability policy, shall be
delivered to City at or prior to the execution of this Agreement. In the event such
proof of any insurance is not delivered as required, or in the event such insurance is
canceled at any time and no replacement coverage is provided, City has the right ,
but not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other agreement and to pay the premium. Any premium so paid
by City shall be charged to and promptly paid by Consultant or deducted from sums
due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30)
days notice to City of any cancellation of coverage. Consultant agrees to require
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
1••
change results in substantial additional cost to the Consultant, the City will
negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement
will be deemed to have been executed immediately upon any party hereto taking
any steps that can be deemed to be in furtherance of or towards performance of
this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged
failure on the part of City to inform Consultant of non-compliance with any
insurance requirement in no way imposes any additional obligations on City nor
does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as
City, or its employees or agents face an exposure from operations of any type
pursuant to this agreement. This obligation applies whether or not the agreement
is canceled or terminated for any reason. Termination of this obligation is not
effective until City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such coverage
has been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to City within five (5)
days of the expiration of coverages.
17. The provisions of any workers' compensation or similar act will not
limit the obligations of Consultant under this agreement. Consultant expressly
agrees not to use any statutory immunity defenses under such laws with respect to
City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or
insured to be limiting or all-inclusive.
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.
097
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge
City or Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums or
other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this agreement. City
assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve City.
6.0 RECORDS AND REPORTS.
6.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning Consultant's performance of the services required
by this Agreement as the Contract Officer shall require.
6.2 Records. Consultant shall keep such books and records as shall be
necessary to perform the services required by this Agreement and enable the
Contract Officer to evaluate the cost and the performance of such services. Books
and records pertaining to costs shall be kept and prepared in accordance with
generally accepted accounting principals. The Contract Officer shall have full and
free access to such books and records at all reasonable times, including the right to
inspect, copy, audit, and make records and transcripts from such records.
6.3 Ownership of Documents. Originals of all drawings, specifications,
reports, records, documents and other materials, whether in hard copy or electronic
form, which are prepared by Consultant, its employees, subcontractors and agents
in the performance of this Agreement, shall be the property of City and shall be
delivered to City upon termination of this Agreement or upon the earlier request of
the Contract Officer, and Consultant shall have no claim for further employment or
additional compensation as a result of the exercise by City of its full rights of
ownership of the documents and materials hereunder. Consultant shall cause all
subcontractors to assign to City any documents or materials prepared by them, and
in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages suffered thereby.
098
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.
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.
099
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.
'ft• 100
7.9 Attorneys' Fees. If either party commences an action against the other
party arising out of or in connection with this Agreement, the prevailing party shall
be entitled to recover reasonable attorneys' fees and costs of suit from the losing
party.
8.0 CITY OFFICERS AND EMPLOYEES• NONDISCRIMINATION.
8.1 Non -liability of City Officers and Employees. No officer or employee of
City shall be personally liable to Consultant, or any successor in interest, in the
event or any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this
Agreement.
8.2 Conflict of Interest. No officer or employee of City shall have any
personal interest, direct or indirect, in this Agreement nor shall any such officer or
employee participate in any decision relating to the Agreement which affects his or
her personal interest or the interest of any corporation, partnership or association in
which she or he is, directly or indirectly, interested, in violation of any State statute
or regulation. Consultant warrants that it has not paid or given and will not pay or
give any third party any money or general consideration for obtaining this
Agreement.
8.3 Covenant against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them,
that there shall be no discrimination against or segregation of, any person or group
of persons on account of race, color, creed, religion, sex, marital status, national
origin or ancestry in the performance of this Agreement. Consultant shall take
affirmative action to insure that applicants are employed and that employees are
treated during employment without regard to their race, color, creed, religion, sex,
marital status, national origin or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give the other party or any other person shall
be in writing and either served personally or sent by prepaid, first-class mail to the
address set forth below. Either party may change its address by notifying the other
party of the change of address in writing. Notice shall be deemed communicated
forty-eight (48) hours from the time of mailing if mailed as provided in this section.
To City:
CITY OF LA QUINTA
Attention: Thomas P. Genovese
City Manager
78-495 Calle Tampico
To Consultant:
WEC ENGINEERING
Attention: Scott D. Walker, P.E.
Principal -In -Charge
41-840 Beacon Hill, Suite A
101
P.O. Box 1504 Palm Desert, CA 92211
La Quinta, California 92247-1504
9.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and all previous understanding, negotiations and agreements are
integrated into and superseded by this Agreement.
9.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing signed by both parties.
9.4 Severability• In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable by a valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the
intent of the parties hereunder.
9.5 Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by so executing this Agreement the parties hereto
are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA a California municipal corporation
Douglas R. Evans, Assistant City Manager
Development Services
ATTEST:
Veronica J. Montecino, CIVIC, City Clerk
Date
102
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QU1NTA a California municipal corporation
Thomas P. Genovese, City Manager Date
ATTEST:
Veronica J. Montecino, CMC, City Clerk
APPROVED AS TO FORM:
M. Katherine Jenson, City Attorney
CONSULTANT: WEC Engineering
By:
Name: Scott D. Walker, P.E.
Title: Principal -In -Charge
Date: / I A
o o
103
Last Revised 1-19-07
Exhibit A
Scope of Services
The Consultant's Scope of Work, dated is attached and made a
part herewith.
1".. 104
WORK PLAN
C? SCOPE OF SERVICES NOVEMBER 20TH, 2008
ao
0
C:) The following scope of services outlines the intended work under this agreement between The City of La
N
o Quinta, Client and WEC Corporation, Consultant.
7P
LU PHASE 1
0
o:
�- TASK I - SET EXPECTATION / KICKOFF MEETING
vi Our Project Manager will conduct a kick-off meeting with the City to collaborate on the design effort. We
H
z will take this opportunity to set expectations amongst the team members with regard to schedule, scope an
w anticipated project progress. In addition to discussing the process for design and setting expectations of
w the team, we will take this opportunity to explore cost saving approaches in both design and construction
o phases. Following this meeting, our team will have the information needed to more efficiently develop the
ate. project deliverables.
75
_J Deliverables:
_J This task will generate information that will be incorporated into additional deliverables not described in this
task. This task will not deliver a standalone product.
z
CD TASK 2 - RESEARCH AND INVESTIGATION
aOur team will perform all research of utility company, and other agency records as necessary to secure all
z
the information, clearances, and/or plan review services required to identify, locate, and accurately layout
w all underground improvements and easements, centerline, right-of-way, property lines, curb and gutter,
t-
1- intersecting streets, cross gutters, and other ancillary items that may affect the project.
Q
zDeliverables:
This task will generate information that will be incorporated into additional deliverables not described in this
0
cn task. This task will not deliver a standalone product.
N
0- TASK 3 - QUALITY MANAGEMENT PLAN
¢ WEC will provide quality control and assurance for work products delivered to the City during this project.
-J Specifically, WEC will provide quality reviews on design calculations, construction documents, and project
w specifications. In addition, our team will walk the project during the initial phases to compare field identified
features against the project topographic survey to confirm accuracy. In addition, WEC will review spot
z elevations of the topographic survey to ensure conformity with field observations.
CJ
TASK 4 - SURVEYING
TASK 4.1. RESEARCH
Research City and County records for maps, ties, and bench marks.
TASK 4.2. STREET STATIONING
Eadson & Associates, Inc. will provide control points along the street centerline. Street stationing will
include a nail & tin at 100' stations, with painted stations at 50' intervals. Stationing will begin at the
South (or West) end of each street, and continue to the end of the project.
A minimum of two temporary bench marks will be provided along the proposed improvements,, 105
1
WORK PLAN
':? SCOPE OF SERVICES (CONTINUED) NOVEMBER 20TH, 2008
00
0
0
(V
TASK 4.3. STREET SURVEYS
Provide Topographic survey data along each street from the City Right -of -Way to existing wall face.
Provide a detailed survey to include 25-foot cross -sections of existing features and visible utilities.
`J
w Cross section will be at 25-foot intervals as stated. Cross -sections will have variable width as required
0 to capture existing features from back of walk to wall face.
TASK S -TEMPORARY CONSTRUCTION EASEMENT
U) Eadson & Associates will prepare one Temporary Construction Easement for this project. The final work
w product will be a plat and legal description for the region of private property in which it is anticipated that
7�; Construction activities will take place. We have assumed that this task can be accomplished with a single
jtemporary construction easement wholly within FICA property.
0
W
o_ TASK 6 - GEOTECHNICAL INVESTIGATION AND RECOMMENDATION
'—' Our team will provide soil sampling and testing to develop a preliminary and final Geotechnical Report
� outlining foundation and construction recommendations and defining soil and seismic design parameters
¢ needed for improvement plan development.
0 TASK % - UTILITY COORDINATION
Our team will contact all utility agencies providing service within the City and obtain utility maps and records
Z) for the project area. Field reviews to locate all surface utilities that are impacted by the project will be
w performed. Continuing coordination will be performed up to the Notice to Relocate prior to construction.
t—
F
Q WEC will provide utility notices to all utility companies with facilities within the limits of the protect. These
o notices will inform the utility of their need to relocate their facilities prior to construction or to adjust their
z
facilities to grade after completion of the street paving.
0
N
N WEC will directly submit to each utility company their required number of preliminary and final plan sets
¢ that provide the location, elevation of the utility, and the elevation of the improvement with the conflict
®" area clouded to show the utility companies the areas that conflict. WEC will coordinate with the utilities
¢ for relocation of their facilities if required. WEC will provide the utility companies with three (3) relocation
J
LIJ notices. Also, WEC will coordinate with the utility companies the scheduled relocation of the utilities prior
to the start of construction.
The utility notices to be provided are:
¢ • 1 st Utility Notice for City Improvements, Preliminary Project Notice
J • 2nd Utility Notice for City Improvements, Prepare to Relocate
• 3rd Utility Notice for City Improvements, Notice to Relocate
• 4th Utility Notice for City Improvements, Notice to Relocate Immediately
WEC will compose all utility letters and forms. The City will print the utility notices on City letter head and
WEC will pick-up and mail the letters, Certified, with Return Receipt requested back to the City. A copy of the
Certified Mail article numbers shall be provided to the City within a few days of mailing. WEC will document
on the return receipt card the project number, project name, and our name. Our team will call the utility
companies, as necessary, until a written response form is received from each potential conflicting utility.
- 2 106
WORK PLAN
r-t
C? SCOPE OF SERVICES (CONTINUED) NOVEMBER 20TH, 2008
ao
C)
0
CV
Our team will prepare and maintain a detailed utility coordination log that will be updated on regular basis
o
77 and can be provided to the Client upon request.
We will measure and document the height of the existing overhead utility lines for traffic signal, safety
w
0 lighting, and street light clearance.
rr
We will coordinate with the utility companies for the relocation of any of their facilities that conflict with the
proposed improvements and continue coordination until the utility conflict is resolved.
z
w
�E- Deliverables:
w l . Detailed utility coordination log.
0
OL
a
DESIGN SERVICES
J
Q
TASK 8 - WALL ALTERNATIVE ANALYSIS
z Our team will develop a report that outlines the pros and cons of the three alternatives considered for these
0 walls.
a
z
These alternatives include:
w 1. Remove and Replace
Q2. Retrofit (6'-0" existing height to 8'-0" proposal height)
0
3. Parallel Wall Installation
z
The analysis will consider the needs outlined in the Acoustical Study prepared by Alliance Acoustical
0
Cn Consultants, Inc. and the context in which the existing walls are constructed. This analysis will examine
a project costs, logistics of construction, and future maintenance concerns. The result of our analysis will be
CL a report that identifies the best solution for the proposed wall system. There is a chance that the report will
Q recommend a combination of the proposed alternatives. In this case, the report will clearly identify limits
J for each wall alternative.
w
® TASK 9 - CONCEPTUAL DESIGN
zOur team will develop 30% complete plans depicting plan views (40 scale) and typical cross sections of
0
the walls that are consistent with the Alternative Analysis Report. These plans will indicate limits of work,
anticipated typical details, and areas of potential utility relocation and other important field coordination
J items. Our team will submit these plans for review by the City before advancing to Final Design.
Deliverables:
1. 30% Plan View (40 Scale) - 24" x 36" Bond Hard Copy
2. 30% Typical Details - 24" x 36" Bond Hard Copy
TASK 10 - MEETINGS AND COORDINATION�" 107
WORK PLAN
r--q
C? SCOPE OF SERVICES (CONTINUED) NOVEMBER 20THr 2008
00
0
C) 2. 90% - 95% Project Special Provisions - Hard Copy
TASK 2 - FINAL DESIGN REVISION (100% COMPLETE)
F Our team will incorporate the comments received during the 85%-90% Plan Check and advance our design
w to 100% complete, In addition, our team will develop an Engineer's Estimate based on this 100% complete
o set of improvement plans.
o:
d
Deliverables:
H 1. 100% Improvement Plans - 24" x 36" Bond Hard Copy
w 2. 100% Project Special Provisions and Bid Documents- Hard Copy
�5- 3. 100% Engineer's Estimate - Hard Copy
w
W TASK 3 - BID READY CONTRACT DOCUMENTS
a- Our team will incorporate the comments received during the 100% complete Plan Check and develop the
15
—+ final Bid Ready Contract Documents.
J
J
¢ Deliverables:
1. Final Improvement Plans - 22" x 34" Mylar, AutoCAD 200 or later
z 2. Final Project Special Provisions and Bid Documents - Hard Copy, MS Word Electronic Copy
0
3. Final Engineer's Estimate - Hard Copy, MS Excel Electronic Copy
z
w
H
EXCLUSIONS
Q Consultant expressly excludes work for the following:
z
Any work not expressly stated in the above Scope of Services
U) ADDITIONAL SERVICES
N Although the following tasks have not been included in this Scope of Services, Consultant may provide them
� as additional work accompanying an addendum or new contract:
¢
J Right-of-way Engineering • Construction Management
w • Water Resources Design
0 • Final Design
¢ • Planning and Entitlement Processing •Traffic Study
z • Program Management • Traffic Signal Design
• Land Development
J
OWNERS RESPONSIBILITIES
The Owner is responsible to provide existing information deemed helpful to Consultant to accomplish the
tasks outlined above. This includes previous design documentation for projects that have been completed
for the Client in the vicinity of this project by other design professionals.
ASSUMPTIONS
The following are a list of assumptions accompanying this Scope of Services:
• Only the three alternatives mentioned will be considered during the conceptual phase. 108
�x"'5
WORK PLAN
C:? SCOPE OF SERVICES (CONTINUED) NOVEMBER 20TH, 2008
00
0
C) WEC will attend four meetings with the Client for this project. These meetings are anticipated around each
N
CSplan check submittal (Concept review, 85%-90% Check Plans and Specs, 100% Check Plans, Specs, an
77 Engineer's Estimate, and Preliminary Final). Each of these meetings will be used to resolve comments on
1-- the submittal packages provided above. These meetings are assumed to be held at the City offices or in
w the field at the project location.
0
TASK 11 - COMMUNITY LIAISON
WEC will provide a dedicated community liaison for this project. The focus of this task will be coordination
H and communication with the Laguna de La Paz Home Owner's Association. Our staff will meet with this
Z group various times throughout the project to communicate proposed project plans at the direction and
�E authority of the City. In addition, we'll use this task to identify construction coordination items that may
jrequire special handling in the project specifications.
0
a-
a
POST DESIGN SERVICES
J
Q
TASK 12 - BIDDING SUPPORT
z Our team will provide support to the City during the bidding and award process. The work anticipated for
0 this task includes addenda support or clarifications to bidders.
H
Z
TASK 13 - CONSTRUCTION SUPPORT
w Our team will provide design support during construction. These efforts are expected to include response
to Requests for Information (RFI), contractor questions and submittal reviews.
0
Z TASK 14 - REIMBURSABLES
0
Consultant incurs fixed costs during the provision of our service. These costs include but are not limited to
to photocopies, facsimiles, printing, travel, and meals. Consultant is entitled to reimbursement for these items
N at a rate of 1 15% of the direct costs to Consultant. The proposed fee for this item is budgetary and may be
Q
0— modified during the life of this project.
J
0 PHASE 2
Q
FINAL DESIGN SERVICES
J
TASK I - FINAL DESIGN (85% - 90% COMPETE)
Our team will incorporate comments provided during the Concept Review and advance the design to
85%-90% complete plan and specifications. This package will include plan, profile, typical section, and
construction details. During this task, our team will develop project special provisions that identify each item
of work and have been edited for this specific project.
Deliverables:
1. 85% - 90% Improvement Plans - 24" x 36" Bond Hard Copy pi
4 109
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 Eighty -Five Thousand One Hundred Seventy
Dollars ($85,170) except as specified in Section 1.6 - Additional Services of the
Agreement.
The project will be performed by Consultant in two phases in accordance with
the attached cost proposal. The Consultant shall not proceed with phase II until
authorization is received in writing from the City of La Quinta.
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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.
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Exhibit D
Special Requirements
NONE.
'"- 115
` OF'I'ttF'
COUNCIL/RDA MEETING DATE: December 2, 2008
ITEM TITLE: Approval of a Professional Services
Agreement (PSA) with DMC Design Group, Inc. to
Prepare the Plans, Specifications and Engineer's
Estimate of Probable Construction Costs for the
Village Enhanced Pedestrian Crossings and Traffic
Calming Devices, Project Number 2008-04
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: _
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve a Professional Services Agreement (PSA), in the amount of $55,130, with
DMC Design Group, Inc. to prepare the plans, specifications and engineer's
estimate (PS&E) for the Village Enhanced Pedestrian Crossings and Traffic Calming
Devices, Project Number 2008-04 (Attachment 1), and authorize the City Manager
to execute the agreement.
FISCAL IMPLICATIONS:
The following is the project's approved funding and funding sources:
$160,055
CDBG Funds
State Gas Tax Funds
Total Funding Available:
The following is the anticipated project budget:
Design:
Professional:
Inspection/Testing/Survey:
Construction:
Administration:
Contingency:
Total:
$424,393
$ 584,448
$55,130
$8,620
$42,023
$431,000
$21,550
$26,125
$ 584,448
»� 116
As illustrated, adequate funding is available to support staff's recommendation.
CHARTER CITY IMPLICATIONS:
None. The project is partially funded with Community Development Block Grant
(CDBG) and State Gas Tax funds. As such, the project will be bid as a prevailing
wage improvement.
BACKGROUND AND OVERVIEW:
The purpose of the project is to install aesthetically pleasing pedestrian crossings
and to calm traffic within the City's Village area near "Old Town." Specifically,
improvements will be made to Avenida Bermudas, between Calle Tampico and
Avenue 52, and to Desert Club Drive, between Calle Tampico and Avenue 52.
Improvements to Avenida Bermudas include installing decorative pavers within the
crosswalks at the Calle Tampico intersection, an enhanced pedestrian crossing with
speed tables immediately south of Calle Estado and adjacent to the post office, as
many as three speed humps between the new enhanced pedestrian crossing at the
post office and Avenue 52, and striped parking lanes between Calle Estado and
Avenue 52.
Improvements to Desert Club Drive include installing decorative pavers within the
crosswalks at the Calle Tampico intersection, as many as five speed humps
between Calle Tampico and Avenue 52, and striped parking lanes between Calle
Tampico and Avenue 52.
On April 15, 2008, the City Council adopted Resolution 2008-023 approving the
Fiscal Year 2008/2009 through 2012/2013 Capital Improvement Program (CIP).
The Village Enhanced Pedestrian Crossings are included within the adopted CIP and
scheduled for funding during Fiscal Years 2008/2009.
On September 16, 2008, the City Council authorized staff to distribute a Request
for Proposal (RFP) to obtain professional engineering services to prepare the plans,
specifications and engineer's estimate (PS&E) for the Village Enhanced Pedestrian
Crossings and Traffic Calming Devices, Project Number 2008-04.
On October 21, 2008, the City received five (5) proposals for design of the Village
Enhanced Pedestrian Crossings and Traffic Calming Devices. Following its review,
the consultant selection committee unanimously recommends DMC Design Group,
Inc. be awarded a PSA to prepare the PS&E for the Village Enhanced Pedestrian
Crossings and Traffic Calming Devices, Project Number 2008-04.
Contingent upon City Council approval of the PSA (Attachment 1) on December 2,
2008, the following is the project schedule:
City Council Approves PSA December 2, 2008
Project Design (5 months) December 2008 — April 2009
Advertise the Project for Construction May 2009
Construction (5 months) June 2009 — October 2009
Accept Improvements November 2009
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve a Professional Services Agreement (PSA), in the amount of
$55,130, with DMC Design Group, Inc. to prepare the plans, specifications
and engineer's estimate (PS&E) for the Village Enhanced Pedestrian
Crossings and Traffic Calming Devices, Project Number 2008-04, and
authorize the City Manager to execute the agreement.; or
2. Do not approve a Professional Services Agreement (PSA), in the amount of
$55,130, with DMC Design Group, Inc. to prepare the plans, specifications
and engineer's estimate (PS&E) for the Village Enhanced Pedestrian
Crossings and Traffic Calming Devices, Project Number 2008-04; or
3. Provide staff with alternative direction.
Respectfully submitted,
Timothy R. J n son, P.E.
Public Works ' ector/City Engineer
Approved for submission by:
Th�Genovese, City Manager
er
Attachment: 1. Professional Services Agreement (PSA)
ATTACHMENT 1
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 DMC Design Group, Inc. ("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 Village Enhanced Pedestrian
Crossings and Traffic Calming Devices, Project No. 2008-04, as specified in the "Scope
of Services" attached hereto as Exhibit "A" and incorporated herein by this reference
(the "services" or "work"). Consultant warrants that all services will be performed in a
competent, professional and satisfactory manner in accordance with the standards
prevalent in the industry for such services.
1.2 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 specked
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
Consultants risk until written instructions are received from the Contract Officer (as
defined in Section 4.2 hereof).
1.5 Care of Work and Standard of Work.
a. Care of Work. Consultant shall adopt reasonable methods during the life of
the Agreement to furnish continuous protection to the work performed by Consultant,
and the equipment, materials, papers and other components thereof to prevent losses
or damages, and shall be responsible for all such damages, to persons or property, until
acceptance of the work by City, except such losses or damages as may be caused by
City's own negligence. The performance of services by Consultant shall not relieve
Consultant from any obligation to correct any incomplete, inaccurate or defective work
at no further cost to City, when such inaccuracies are due to the negligence of
Consultant.
b. Standard of Work. Consultant acknowledges and understands that the
services and work contracted for under this Agreement require specialized skills and
abilities and that, consistent with this understanding, Consultant's services and work will
be held to a heightened standard of quality and workmanship. Consistent with Section
1.4 hereinabove, Consultant represents to City that it holds the necessary skills and
abilities to satisfy the heightened standard of work as set forth in this Agreement.
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Consultant shall perform services in addition to those specified in the Scope
of Services when directed to do so by the Contract Officer, provided that Consultant
shall not be required to perform any additional services without compensation. Any
addition in compensation not exceeding five percent (5%) of the Contract Sum may be
approved by the Contract Officer. Any greater increase must be approved by the City
Council.
1.7 Special Requirements. Additional terms and conditions of this Agreement, if
any, which are made a part hereof are set forth in Exhibit "D" (the "Special
Requirements"). In the event of a conflict between the provisions of the Special
Requirements and any other provisions of this Agreement, the provisions of the Special
Requirements shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of
Compensation") in a total amount not to exceed Fifty Five Thousand One Hundred and
Thirty Dollars ($55130.00) (the "Contract Sum"), except as provided in Section 1.6.
The method of compensation set forth in the Schedule of Compensation may include a
lump sum payment upon completion, payment in accordance with the percentage of
completion of the services, payment for time and materials based upon Consultant's
rate schedule, but not exceeding the Contract Sum, or such other methods as may be
specked in the Schedule of Compensation. Compensation may include reimbursement
for actual and necessary expenditures for reproduction costs, transportation expense,
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telephone expense, and similar costs and expenses when and if specified in the
Schedule of Compensation.
2.2 Method of Payment. Any month in which Consultant wishes to receive
payment, Consultant shall submit to City no later than the tenth (10th) working day of
such month, in the form approved by City's Finance Director, an invoice for services
rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the
services provided, including time and materials, and (2) specify each staff member who
has provided services and the number of hours assigned to each such staff member.
Such invoice shall contain a certification by a principal member of 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 specked 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 December 3, 2008
and terminate on June 30, 2009 (initial term). This agreement may be extended upon
mutual agreement by both parties (extended term). Unless earlier terminated in
accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in
full force and effect until completion of the services, except as otherwise provided in the
Schedule of Performance.
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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 specked herein and make all decisions in
connection therewith:
David M. Cosper, P.E., Principal Engineer
a. It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing principals were a substantial inducement for City to enter into
this Agreement. Therefore, the foregoing principals shall be responsible during the term
of this Agreement for directing all activities of Consultant and devoting sufficient time to
personally supervise the services hereunder.
The foregoing principals may not be changed by Consultant and no other
personnel may be assigned to perform the service required hereunder without the
express written approval of City.
4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, P.E..
Public Works Director/City Engineer, or such other person as may be designated by the
City Manager of City. It shall be Consultants responsibility to assure that the Contract
Officer is kept informed of the progress of the performance of the services and
Consultant shall refer any decisions, which must be made by City to the Contract
Officer. Unless otherwise specked herein, any approval of City required hereunder
shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees were a
substantial inducement for City to enter into this Agreement. Except as set forth in this
Agreement, Consultant shall not contract with any other entity to perform in whole or in
part the services required hereunder without the express written approval of City. In
addition, neither this Agreement nor any interest herein may be assigned or transferred,
voluntarily or by operation of law, without the prior written approval of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode or means by which Consultant, its agents or
employees, perform 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.
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4.5 City Cooperation. City shall provide Consultant with any plans, publications,
reports, statistics, records or other data or information pertinent to services to be
performed hereunder which are reasonably available to Consultant only from or through
action by City.
5.0 INSURANCE INDEMNIFICATION AND BONDS.
5.1 Insurance. Prior to the beginning of and throughout the duration of the Work
performed under this Agreement, Consultant shall procure and maintain, at its cost, and
submit concurrently with its execution of this Agreement, personal and public liability
and property damage insurance against all claims for injuries against persons or
damages to property resulting from Consultant's acts or omissions rising out of or
related to Consultant's performance under this Agreement. The insurance policy shall
contain a severability of interest clause providing that the coverage shall be primary for
losses arising out of Consultant's performance hereunder and neither City nor its
insurers shall be required to contribute to any such loss. A certificate evidencing the
foregoing and naming City and its officers and employees as additional insured shall be
delivered to and approved by City prior to commencement of the services hereunder.
The amount of insurance required hereunder shall be determined by the Contract
Sum in accordance with the following table:
Contract Sum Personal Iniury/Property Damage Coyeraae
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 employers 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 insurers duty to
defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Insurance procured pursuant to these requirements shall be written by insurers
that are admitted carriers in the State of California and with an A.M. Bests rating of "A"
or better and a minimum financial size VII.
All insurance required by this Section shall be kept in effect during the term of this
Agreement and shall not be cancelable without thirty (30) days written notice to City of
proposed cancellation. The procuring of such insurance or the delivery of policies or
certificates evidencing the same shall not be construed as a limitation of Consultant's
obligation to indemnify City, its officers, employees, contractors, subcontractors, or
agents.
5.2 Indemnification.
a. General Indemnification Provision.
1. Indemnification for Professional Liability. When the law
establishes a professional standard of care for Consultant's Services, to the fullest
extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless
City and any and all of its officials, employees and agents ("Indemnified Parties") from
and against any and all claims, losses, liabilities of every kind, nature and description,
damages, injury (including, without limitation, injury to or death of an employee of
Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged
or threatened, including, without limitation, incidental and consequential damages, court
costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert
witnesses incurred in connection therewith and costs of investigation, to the extent
same are cause in whole or in part by any negligent or wrongful act, error or omission of
Consultant, its officers, agents, employees or subconsultants (or any entity or individual
that Consultant shall bear the legal liability thereof) in the performance of professional
services under this agreement. With respect to the design of public improvements, the
Consultant shall not be liable for any injuries or property damage resulting from the
reuse of the design at a location other than that specified in Exhibit C without the written
consent of the Consultant.
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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.
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4. Indemnity Provisions for contracts Keiateo to UM511uoau11.
Without affecting the rights of City under any provision of this agreement, Consultant
shall not be required to indemnify and hold harmless City for liability attributable to the
active negligence of City, provided such active negligence is determined by agreement
between the parties or by the findings of a court of competent jurisdiction. In instances
where City is shown to have been actively negligent and where City's active negligence
accounts for only a percentage of the liability involved, the obligation of Consultant will
be for that entire portion or percentage of liability not attributable to the active
negligence of City.
b. Indemnification Provision for Design Professionals.
1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a)
hereinabove, the following indemnification provision shall apply to Consultants who
constitute "design professionals" as the term is defined in paragraph 3 below.
2. Scope of Indemnification. To the fullest extent permitted by law,
Consultant shall indemnify, defend, and hold harmless City and City's agents, officers,
officials, employees, representatives, and departments ("Indemnified Parties") from and
against any and all claims, losses, liabilities of every kind, nature and description,
damages, injury (including, without limitation, injury to or death of an employee of
Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged
or threatened, including, without limitation, incidental and consequential damages, court
costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert
witnesses incurred in connection therewith and costs of investigation, that arise out of,
pertain to, or relate to, directly or indirectly, in whole or in part, the negligence,
recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or
indirectly employed by them or anyone that they control.
3. Design Professional Defined. As used in this Section 5.2(b), the
term "design professional" shall be limited to licensed architects, registered professional
engineers, licensed professional land surveyors and landscape architects, all as defined
under current law, and as may be amended from time to time by Civil Code § 2782.8.
5.3 Remedies. In addition to any other remedies City may have if Consultant
fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option:
u.,. 125
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 proyi5ion5 ul Itlsuianw wvvlavc vv
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.
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6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises. Consultant
shall not make any reductions in scope of coverage (e.g. elimination of contractual
liability or reduction of discovery period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional
insured endorsement to Consultant's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any insurance is
not delivered as required, or in the event such insurance is canceled at any time and no
replacement coverage is provided, City has the right , but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly
paid by Consultant or deducted from sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days
notice to City of any cancellation of coverage. Consultant agrees to require its insurer
to modify such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, or that any party will
"endeavor" (as opposed to being required) to comply with the requirements of the
certificate.
9. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Consultant or any subcontractor, is intended to
apply first and on a primary, non-contributing basis in relation to any other insurance or
self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party
involved with the project who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant. Consultant
agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors and
others engaged in the project will be submitted to City for review.
11. Consultant agrees not to self -insure or to use any self -insured
retentions or deductibles on any portion of the insurance required herein and further
agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other
entity or person in any way involved in the performance of work on the project
contemplated by this agreement to self -insure its obligations to City, If Consultant's
existing coverage includes a deductible or self -insured retention, the deductible or self -
insured retention must be declared to the City. At that time the City shall review options
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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.
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17. The provisions of any workers' compensation or similar act will not limit
the obligations of Consultant under this agreement. Consultant expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as
a waiver of any coverage normally provided by any given policy. Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue,
and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct
from any other provision in this agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision conflicts
with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used
by any party involved in any way with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this agreement.
Any such provisions are to be deleted with reference to City. It is not the intent of City
to reimburse any third party for the cost of complying with these requirements. There
shall be no recourse against City for payment of premiums or other amounts with
respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
6.0 RECORDS AND REPORTS.
6.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning Consultant's performance of the services required by
this Agreement as the Contract Officer shall require.
6.2 Records. Consultant shall keep such books and records as shall be
necessary to perform the services required by this Agreement and enable the 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.
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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
speck 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 Califomia 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.
10.4 130
Compliance with the provisions of this section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance
shall not be a waiver of any party's right to take legal action in the event that the dispute
is not cured, provided that nothing herein shall limit City's right to terminate this
Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. City may withhold from any monies payable to
Consultant sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City due to the default of Consultant in
the performance of the services required by this Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non
defaulting party on any default shall impair such right or remedy or be construed as a
waiver. City's consent or approval of any act by Consultant requiring City's consent or
approval shall not be deemed to waive or render unnecessary City's consent to or
approval of any subsequent act of Consultant. Any waiver by either party of any default
must be in writing and shall not be a waiver of any other default concerning the same or
any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the parties are cumulative and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the same or different times, of
any other rights or remedies for the same default or any other default by the other party.
7.6 Le -gal 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 speck 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
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stipulated (provided that City shall use reasonable efforts to mitigate such damages),
and City may withhold any payments to Consultant for the purpose of setoff or partial
payment of the amounts owed City as previously stated in Section 7.3.
7.9 Attorneys' Fees. If either party commences an action against the other party
arising out of or in connection with this Agreement, the prevailing party shall be entitled
to recover reasonable attorneys' fees and costs of suit from the losing party.
8.0 CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION.
8.1 Non -liability of City Officers and Employees. No officer or employee of City
shall be personally liable to Consultant, or any successor in interest, in the event or any
default or breach by City or for any amount which may become due to Consultant or to
its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of City shall have any personal
interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which affects his or her personal
interest or the interest of any corporation, partnership or association in which she or he
is, directly or indirectly, interested, in violation of any State statute or regulation.
Consultant warrants that it has not paid or given and will not pay or give any third party
any money or general consideration for obtaining this Agreement.
8.3 Covenant against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that
there shall be no discrimination against or segregation of, any person or group of
persons on account of race, color, creed, religion, sex, marital status, national origin or
ancestry in the performance of this Agreement. Consultant shall take affirmative action
to insure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion, sex, marital status,
national origin or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give the other party or any other person shall be in
writing and either served personally or sent by prepaid, first-class mail to the address
set forth below. Either party may change its address by notifying the other party of the
change of address in writing. Notice shall be deemed communicated forty-eight (48)
hours from the time of mailing if mailed as provided in this section.
To City: To Consultant:
CITY OF LA QUINTA DMC DESIGN GROUP, INC.
Attention: Thomas P. Genovese Attention: David M. Cosper, P.E.
City Manager Principal Engineer
78-495 Calle Tampico Maple Centre
P.O. Box 1504 140 N. Maple St. Suite 104
La Quinta, California 92247-1504 Corona, CA 92880
132
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
Date
133
APPROVED AS TO FORM:
M. Katherine Jenson, City Attorney
CONSULTANT: DMC Design Group, Inc.
0
Name: David M. Cosper, P.E.
Title: Principal Engineer
Date: A1a0, 20, Zap A
134
Last Revised 1-19-07
Exhibit A
Scope of Services
The Consultant's Scope of Work, dated November 20, 2008, is attached and made
a part herewith.
" 135
r,amnba20,2008
EXH[ BIT A
SCOPE OF SERVICES
VILLAGE ENHANCED PEDESTRIAN CROSSINGS AND TRAFFIC CALMING DEVICES
PROJECTNO.2008-04
DMC Design Group, Inc. anticipates the project
will be completed in the following two (2) phases:
❑ Phase I — Project Management
❑ Phase 2 — Preparation of PS&E's.
Phase 1— Project Management
Task 1.01 Project Management - The general
scope of Project Management services will include
all activities required to manage this project
through the completion of Phase 2 — Preparation of
PS&E's, including the facilitation, coordination
and oversight of ongoing daily actions required to
completely provide the full level of intended
services and ensure the anticipated project goals
and objectives of the City are met or exceeded in a
timely, cost effective and professional manner with
an emphasis on providing the City of La Quinta a
high quality project. These services shall include,
but are not be limited to, the services described in
the following subtasks, to successfully complete
this phase of the project:
Task 1.01.01 Project Schedule (4) — Upon issuance
of a Notice to Proceed by the City, Mr. Cosper will
prepare a multi -level work breakdown schedule
(VMS) with key milestones, present a baseline
project schedule using Microsoft Project Schedule
V4.0 and provide regular monthly schedule
updates and revisions with a summary of
exceptions to be included in the monthly progress
report.
Task 1.01.02 Project Progress Reporting (4) — Mr.
Cosper will prepare monthly Progress Reports that
will include a narrative section detailing progress
completed the previous period and progress
planned for the following period, an updated
project schedule, an action item assignment list,
minutes of the meetings held the previous month, a
complete list of contacts and the updated project
schedule.
Task 1.01.03 Administrative Support — Mr. Cosper
will coordinate and assign necessary resources for
assistance and support to the City's Project
Manager and other City staff in the completion of
each phase of this project, including:
❑ Preparation of project specific correspondences
(letters, emails, phone calls, faxes, etc.) to
utility agencies and local agencies;
❑ Preparation of documentation required for this
project;
❑ Maintenance of all project files in accordance
with the City format or as otherwise directed by
the City Project Manager.
Task 1.01.04 Project Meeting (6) — Mr. Cosper
will facilitate a number of necessary meetings to
complete the design effort. It is anticipated that
monthly progress meetings will be conducted for
the duration of this project to provide progress
reports and schedule updates for City staff (4).
Coordination meetings with City staff will also be
conducted to discuss alternative approaches,
construction methods and other issues that may
arise during the course of this project that require
City input. Other Project Management Services to
be provided by DMC through its assigned Project
Manager include:
o Develop and effectively implement a
communication system that ensures and
documents all stakeholders, including
oversight agencies, utilities and affected
property owners in this Project are thoroughly
informed of all aspects of project development
and coordination, including the following
activities:
o Schedule, facilitate and attend as needed
public meetings;
o Report directly to the City Project Manager
and act as a liaison between the City and all
project stakeholders in order to accomplish the
full project services intended by the City;
o Compose all as -needed Project
correspondence to keep the project on
schedule;
o Attend and be prepared to present the project
to the City Council as required;
136
Nownber20.2008
EXHIBIT A
SCOPE OF SERVICES
VILLAGE ENHANCED PEDESTRIAN CROSSINGS AND TRAFFIC CALMING DEVICES
PROJECTNO.2008-04
o Maintain all project files in accordance with
City format or as otherwise directed by the
City Project Manager.
In the course of completing the objectives of this
phase, DMC anticipates the following meeting
schedule for this project:
Meeting Description No.
• Project Orientation (Kick -Off) Meeting 1
• Monthly Progress Meeting 4
• Coordination Meetings 1
Total Meetings 6
Task 1.01.04 Quality ControUQuality Assurance -
DMC will develop a defined Quality Control
(QC) Plan specific to this project. The QC Plan
will guide the Project Team in the management
and implementation of quality throughout the
life of this project, not to merely "check it" at
the end of this project. The preparation and
implementation of the QC Plan will be
integrated into the work plan and will be applied
continuously and at strategic points by the
Project Manager during the work process by
Project Team Members. The QC Plan will
include procedures for both administrative and
technical controls, such as project files, routing
of correspondence, checking and back -checking
procedures, design notebooks, check lists, etc.
Specific components of the proposed QA/QC
Program include the following:
An independent review and assessment of
work completed by our Project Team by
the Project Manager;
Performance of quality control checks and
constructability/value engineering reviews
of design studies, design calculations and
modeling, mapping, plans, specifications
and construction estimates by the Project
Manager;
Development/implementation of quality
control tools, such as Check Lists, early in
the design stage to be used designers and
engineers during the development of their
project documents as an internal pre -
check of work prior to submittal for
QA/QC review. The tools and report
formats created by the design team and
employed by the Project Manager
specifically for this project will be aimed
at simplifying the review and management
efforts of the City staff and will reduce the
time and effort expended by staff for
economy of effort;
The proposed QA/QC program will provide an
independent paper trail of quality control checks
on documents and designs completed by the design
team. This approach ensures the final construction
documents delivered to the City are accurate, cost
effective, buildable and well documented,
minimizing the City's exposure to costly contract
change orders and delays during the construction
phase of this project resulting in a completed
project that meets the maintenance goals and
useful life expectancy anticipated by the City.
Phase 2 — Preparation of PS&E's
Task 2.01 Research - DMC will research all
available City, utility company and other agency
records, as necessary, to secure all relevant
information, clearances, and/or plan review
services required to identify, locate and accurately
lay out all improvements and easements,
centerline, right-of-way limits and private property
lines.
Task 2.02 Site Visits (3) - Existing conditions and
supporting improvements, such as pavement
surface areas, curb, gutter, sidewalks and
driveways, access ramps, fences structures and
existing landscaping will be inventoried of the
project segments of Desert Club Drive and
Avenida Bermuda. Picturestvideos will be taken
of the entire project area to confirm existing
conditions.
Task 2.03 Topographic Survey - DMC will
coordinate with the City of La Quinta in obtaining
known survey data for the site. DMC will
complete an accurate topographic survey of project
site (a minimum of 200 feet in each direction of
each intersecting street segment), including the
horizontal and vertical control of all existing
culture, including overhead and underground
utilities, curb, gutters, ramps, medians and
driveways, street signs and striping. DMC will
137
mvmbQ20,2008
EXHIBIT A
SCOPE OF SERVICES
VILLAGEENHANCED PEDESTRIAN CROSSINGS AND TRAFFIC CALMINGDEVICES
PROJECTNO.2008-04
establish one (1) temporary bench mark for Desert
Club Drive and for Avenida Bermuda for use
during construction.
Task 2.04 Base Mapping - Utilizing research
documents and field survey data (hand
measurements and site inventory), DMC will
develop project area base maps at I" = 40' (max.)
clearing showing the accurate vertical and
horizontal locations (where possible) of all existing
right-of-way lines, property lines, site culture,
utilities and other potential obstruction shown for
the project segments of Desert Club Drive and
Avenida Bermuda.
Task 2.05 Utility Coordination - DMC will
coordinate with IID for a new service connection
for lighting and irrigation controller, and CVWD
for an irrigation water service, if necessary, by
meeting with the utility to review plans at various
stages of plan completion. Plans will be provided
to the concept stage (35% complete), 90%
complete, 100% complete stage and final screen
check stage. DMC will continue to coordinate
with these and other affected utilities until new
water/electrical service connections have been
completed and other affected utilities are cleared
of conflicts.
Task Z06 Speed Hump Evaluation - DMC will
analyze different types of speed humps, pavement
legends and special signage associated with these
humps, and any other special design considerations
associated with the different types of speed humps.
DMC will prepare and submit to the City a brief
written report summarizing its findings and
recommendations regarding the most appropriate
speed hump design.
Task 2.07 Preparation of Plans, Specifications
and Estimates (PS&E's) - DMC will prepare
clear, concise and accurate construction documents
(PS&E's) of the proposed improvements,
including full intersection plans of Desert Club
Drive/Calle Tampico and Avenida Bermuda/Calle
Tampico. In general, the construction documents
will conform to the City of La Quinta's standards
and practices.
Task 2.07.01 Plans — DMC will design and
prepare construction plans, including, all
intersection improvements that may be required for
the enhance pedestrian crossings, speed humps,
speed tables, parking lanes and power/water
service connections, and any other improvements
required to install the proposed traffic calming
devices on Desert Club Drive and Avenida
Bermuda as required by the City.
Based upon our current understanding of the
project, DMC Design Group will prepare the
following sheets:
Dacriotioo
No. of
shuts
• Title Sheets
I
• General Note Sheet
I
• Detail Sheets
I
• Intersection Improvements (Plan)
2
• Traffic Calming Improvements
1
• Landscape/Irrigation Improvements
2
• Traffic Striping/Signage Sheets
1
Total Sheets
9
Plans will be submitted to the City and affected
utilities for review at the concept stage (35%
complete), 90% complete, 100% complete stage
and final screen check stage. DMC will submit
four (4) sets of blueprints with each submittal,
along with the previous red lined check prints.
Comments received from the City will be
incorporated into the plans. Final plans will be
submitted to the City on Mylar wet stamped by the
Project Engineer.
Task 2 07 02 Technical Syecifications — DMC will
prepare the following documents for this project:
• Bid Schedule;
• Bid Item Descriptions;
• Payment Methods;
• Technical Provisions.
The documents will be prepared in Microsoft
Word format and submitted to the City for review
at the 90% complete, 100% complete stage and
final screen check stage.
2,07.03 Estimates — DMC will prepare a
comprehensive list of bid items, their quantities
138
Nw=ber206200e
EXHIBIT A
SCOPE OF SERVICES
VILLAGE ENHANCED PEDESTRIAN CROSSINGS AND TRAMC CALMING DEVICES
PROJECTNO.2008-04
and unit costs and probable cost of construction
and submit to the City for review. The final
construction cost estimate shall be based upon and
in agreement with the final estimated quantities
shown on the bid sheet. The estimates will be
prepared in Excel format and submitted to the City
for review at the concept stage (35% complete),
90% complete, 100% complete stage and final
screen check stage.
Task Z08 Final Site Visit - Prior to final
submittal, DMC will conduct a final site visit of
the intersection to confirm that all issues have been
addressed in the plans.
Task 2.09 Bid Support - DMC will assist the City
in the bidding process by addressing questions
regarding the plans and specifications through
written responses, preparing and issuing Project
addendums and attending and answering questions
at the pre -bid meeting.
Task 2.10 Construction Support - DMC will assist
the City during construction by providing the
following services:
Task 2.10.01 —Address City/Contractor Questions
During Construction
Task 2.10.02 — Preparation of As -Built Drawings
Task 2.11 - Data Transfer - Upon acceptance of
the construction documents, DMC will submit
project documents in digital format on CD's to the
City.
Deliverables
It is anticipated the following final deliverables
will be made by DMC to the City:
a Speed Hump Evaluation Summary Report —
three (3) copies;
e Concept Plans and Estimates — four (4) copies;
e 90% Complete Plans, Specifications and
Estimates — four (4) copies;
a 100% Complete Plans, Specifications and
Estimates — four (4) copies;
Screen Check Plans, Specifications and
Estimates — four (4) copies;
Complete Plans, Specifications and Estimates
— one (1) Wet Stamped Mylar Set;
• As -built Plans — one (1) Revised Mylar Set
and four (4) copies.
139
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 Fifty Five Thousand One Hundred and Thirty Dollars
($55,130.00) except as specked in Section 1.6 - Additional Services of the Agreement.
». 140
EXHIBIT B
SCHEDULE OF COMPENSATION
VILLAGE ENHANCED PEDESTRIAN CROSSINGS
AND
TRAFFIC CALMING DEVICES
PROJECT NO.2008-04
Work Objectives
Phase 1— Project Management
November 20, 2008
Proposed Costs
$6,540
TOTAL — PHASE 1 $6,540
Phase 2 —Prepare Plans, Specifications and Estimates
Task 2.01 Research
$2,180
Task 2.02 Site Visits (3)
$3,000
Task 2.03 Topographic Survey
$8,400
Task 2.04 Base Mapping
$3,800
Task 2.05 Utility Coordination
$1,960
Task 2.06 Speed Hump Evaluation
$3,640
Task 2.07 Preparation of Plans, Specifications and Estimates
$18,390
Task 2.08 Final Site Visit
$550
Task 2.09 Bid Support
$1,040
Task 2.10 Construction Support
$2,760
Task 2.11 Data Transfer
$570
TOTAL PHASE 2
$46,290
DIRECT COSTS
$2,300
TOTAL LUMP SUM FIXED FEE — PHASES 1 AND 2:
$55,130
141
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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.
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Exhibit D
Special Requirements
NONE.
145
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COUNCIL/RDA MEETING DATE: December 2, 2008
ITEM TITLE: Approve Contract Change Order No. 5 for
additional cost of $46,151,12 for traffic signal
improvements and modifications during night time hours
for Highway 111 improvements from Jefferson Street to
Adams Street, Project No. 2001-07A, and authorize the
City Manager to execute the change order.
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: _Q
CONSENT CALENDAR: /
STUDY SESSION:
PUBLIC HEARING:
Approve Contract Change Order No. 5 for additional cost of $46,151.12 for traffic
signal improvements and modifications during night time hours for Highway 111
improvements from Jefferson Street to Adams Street, Project No. 2001-07A, and
authorize the City Manager to execute the change order.
FISCAL IMPLICATIONS:
The following is a Budget Summary:
Construction Budget $1,899,998
Contingency (Including Costco Contribution) $ 442,757
Total Budget $2,342,755
Original Construction Contract Amount $1,899,998
Contract Change Orders No. 1-4 $ 152,658
Pending Contract Quantity Change Order No. 5 $ 46,151
New Contract Total $2,098,807
This does not include cost of quantity adjustments which will not be known until
the end of this project
As indicated, adequate funding is available to fund Contract Change Order No. 5.
146
CHARTER CITY IMPLICATIONS:
The project is funded with Transportation DIF funds, and Riverside County
Transportation Commission (RCTC) from the Measure "A" State Highways
Account. As such, the project was bid with prevailing wage requirements.
BACKGROUND AND OVERVIEW:
The proposed improvements will widen the existing roadway to its ultimate 6-lane
General Plan configuration and includes new pavement at locations where the
widening occurs, along with curb, gutter, signing and striping, new and/or modified
traffic signals and other appurtenances and improvements.
On December 7, 2004, the City Council approved a Memorandum of Understanding
with the Riverside County Transportation Commission securing funding for the
Highway 111 Street Improvements.
On January 8, 2005 the City Council approved a Professional Services Agreement
(PSA) with RBF Consulting, in the amount not to exceed $252,800, to prepare the
PS&E of probable construction costs for the Highway 111 Street Improvements,
from Adams Street to Jefferson Street, Project No. 2001-07A.
On February 5, 2006, the City Council approved the PS&E and authorized staff to
advertise for bid the Highway 111 Street Improvements, from Adams Street to
Jefferson Street, Project No. 2001-07A.
On May 6, 2008, the City Council awarded the contract to Granite Construction
Company as they submitted the lowest responsive combined bid in the amount of
$1,899,998.
The project construction is nearly complete. Due to the impact on traffic and local
businesses, staff is considering performing the traffic signal modifications at night.
Because of the added expense and state requirements that were part of the original
specifications, this work was not originally designed to be performed at night.
However, after requests by local business owners, staff believes the additional
costs to be warranted. Performing the work at night will reduce the overall impact
on traffic, citizen complaints, and expedite the work as well.
147
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve Contract Change Order No. 5 for additional cost of
$46,151.12 for traffic signal improvements and modifications during night
time hours for Highway 111 improvements from Jefferson Street to Adams
Street, Project No. 2001-07A and authorize the City Manager to execute
the change order; or
2. Do not approve Contract Change Order No. 5 for additional cost of
$46,151.12 for traffic signal improvements and modifications during night
time hours for Highway 111 improvements from Jefferson Street to Adams
Street, Project No. 2001-07A; or
3. Provide staff with alternative direction.
Respectfully submitted,
Timothy R. JoYaon, P.E.Public Workstor/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Contract Change Order No. 5
148
CONTRACT: Highway II I Street Improvements
(Adams Street to Jefferson Street)
CONTRACTOR: Granite Construction Company
ATTACHMENT 1
Sheet 1 of
PROJECT NO.2001-07A
-- - - -- -=38000-Monroe St — — — — —
Indio, CA 92203
CONTRACT CHANGE ORDER NO.5
Pursuant to the terms ofthe.original Contract Agreement, you are hereby directed to make the herein described changes or do the following
described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms,
general conditions; and special provisions of the original Contract.
DESCRIPTION OF CRANGE
This Contract Change Order allows for the additional costs to perform a variety of Traffic Signal Improvements or modifications during the night time
hours to minimize the overall impact on traffic, businesses, citizens, and help to expedite the project completion. Total: $46.151.12
Previous Contract Amount
$ 2,041,408.35
Add This Change Order No. 5
$ 46151.12
Revised Contract Total
$2,098,806.51
By reason of this contract change order the time of completion is adjusted as follows: -0- working days added/deleted to contract time.
The revised contract completion date shall be: 02/18/09
Submitted By: 11bate:
Approved
We, the undersigned Contractor, havegiven careful consideration to the changeproposed and hereby agree, if this proposal is approved,that we will
provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above
specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays.
Accepted
Contractor: S&A>V f-1 01A) Taur-77d/-I Date: ///K 4)1
149
November 24, 2008
City of La Quinta
78495 Calle Tampico
La Quints, CA 92253
Atta: Leonard St. Sauver
GRRIIITE
tonsrnUpon
romPnny
Its: Hwy 111 Street Improvements (Adams St. to Jefferson St.); Project No. 2001-07A
GCCO Job # 225792
Subj: Proposed Change Order, Night Work Installation of Traffic Signal Poles & Equipment
(Revision #1)
Gentlemen,
Granite is submitting the following proposal for the Signal Work to be performed at night as
requested, with the exception of the installation of traffic signal loop detectors:
- To install the traffic signal poles and related equipment at night.
- To install the additional conductor & EVP cable at night.
- To furnish and install the two (2) additional signal heads at night.
- To pull all intersection wiring and install cabinets at night
- To install the 3" signal interconnect across Hwy 111 at Adams St, by rock wheel
method at night.
Item
Qty
Unit
Unit Price
Total
Traffic signal poles and related equipment
1
LS
$8,870.02
$8,870.02
Additional conductor & EVP cable
1
LS
$1,065.64
$1,065.64
Furnish and install the two (2) additional
signal heads
1
LS
$1,172.17
$1,172.17
To pull all Intersection wiring and install
cabinets
1
LS
$16,755.52
$16,755.52
Rock wheel signal Interconnect across
Hwy 111 & Adams
1
LS
$18,287.77
$18,287.77
Total= $46,151.12
This price includes all labor, equipment, material, supervision, and mark-up necessary to provide a
My operational traffic control system.
By signing below you accept this proposal and agree to issue a change order. If you have any
questions or need any additional information, please give me a call.
Date:
City of La Quints
Southern California Region
38000 Monroe St.
Indio, CA 92203
Phone 7501775-7500
FAX 760/775.9227
150
F Z Q D
CF'y OF T'�w
COUNCIL/RDA MEETING DATE: December 2, 2008
ITEMTITLE: Approval of an Amendment to Professional
Services Agreement with Willdan for Traffic
Engineering Services
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: l�
STUDY SESSION:
1111 t3111111113F419 We;
Authorize the City Manager to execute an Amendment to Professional Services
Agreement (PSA) Contract Change Order No. 2 with Willdan for a period of six (6)
months.
FISCAL IMPLICATIONS:
The Fiscal Year 2008/2009 budget request contains $65,000 in Account Number 101-
7002-431.32-07 for Contract Traffic Engineer services as well as $159,000 in staff
salaries and fringe benefits for a full-time City Traffic Engineer. Salary savings are
offset by the consultant traffic operations contract with Traffex Engineers. The
consultant's hourly rate will remain at the original contract rate of $150 per hour.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The Public Works Department is in the process of recruiting for a full-time Traffic
Engineer. However, efforts to find and secure a qualified candidate who is available
on a full-time basis have, to date, been unsuccessful. Therefore, the City has used
contract services until the position is filled. Two part-time traffic consultants fill this
role. Traffex Engineers (Nazir Lalani) and Willdan (Rusty Beardsley). Both are
necessary in order to maintain responsiveness to development projects as well as
maintaining and improving the existing signal system.
151
On December 4, 2007, the City Council approved a six (6) month PSA with Willdan,
for an amount not to exceed $100,000, to provide traffic engineering services until a
qualified full-time City Traffic Engineer can be hired.
The current PSA with Willdan permits a one-year "extended term" as outlined in
Section 3.4 of the PSA. Staff recommends a second six (6) month extension of this
PSA, in anticipation that the City will be able to recruit and hire a qualified Traffic
Engineer.
On May 6, 2008 City Council approved an amendment to the PSA with Willdan
extending the term for an additional six (6) months (July 1, 2008 through December
31, 2008) with the City reserving the right to terminate the agreement at any time
upon thirty -days written notice to Willdan.
If approved, the proposed Amendment to the PSA with Willdan would extend the term
for an additional six (6) months (January 1, 2009 through June 30, 2009) with the
City reserving the right to terminate the Agreement at any time upon thirty days
written notice to Willdan.
To date, Willdan has provided excellent traffic engineering support through Rusty
Beardsley; therefore, staff recommends the existing Willdan contract be extended for
an additional six months while the recruitment continues for a full-time traffic engineer.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Authorize the City Manager to execute an amendment to Professional Services
Agreement with Willdan for a period of six (6) months; or
2. Do not authorize the City Manager to execute an amendment to Professional
Services Agreement with Willdan for a period of six (6) months; or
3. Provide staff with alternative direction.
Respectfully submitted,
Timothy R. Jo son, P.E.
Public Works ' ector/City Engineer
152
Approved for submission by:
-404 -00���
Thomas P. Genovese, City Manager
"' 153
T4hf 4 4 a"
COUNCIL/RDA MEETING DATE: December 2, 2008
ITEM TITLE: Consideration of Adoption of a Resolution
Certifying the Official Canvass of Election Returns for
the General Municipal Election Held November 4,
2008
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a resolution certifying the official canvass of election results for the General
Municipal Election held November 4, 2008.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
At the June 2, 2008 meeting, the City Council adopted Resolution No. 2008-038,
giving notice of a General Municipal Election to be held on Tuesday, November 4,
2008, for the election of certain officers as required by the provisions of the laws of
the State of California.
The Certification of Election Results for the election of certain officers and the ballot
measure is anticipated to be provided by the Riverside County Registrar of Voters on
December 2, 2008, and will be included as Exhibit A to the resolution. (Certification
of Election Results will be distributed upon receipt from the County Registrar.)
154
FINDINGS AND ALTERNATIVES:
The Alternatives available to the City Council include:
1. Adopt a resolution certifying the official canvass of election returns for the
General Municipal Election held on November 4, 2008; or
2. Do not adopt a resolution certifying the official canvass of election returns for
the General Municipal Election held on November 4, 2008; or
3. Provide staff with alternative direction.
RR es pectf ly submitted,
Veronica J. ontecino, CMC
City Clar
Approved for submission by:
Thomas P. Genovese, City Manager
155
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, RECITING THE FACT OF THE
GENERAL MUNICIPAL ELECTION HELD ON THE FOURTH
DAY OF NOVEMBER, 2008, DECLARING THE RESULTS
AND SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City
of La Quinta, California, on Tuesday, November 4, 2008, as required by law; and
WHEREAS, notice of election was given in time, form and manner as
provided by law, candidates were nominated to fill the vacancy or vacancies as
provided by law; the election was held and conducted and the votes were cast,
received and canvassed and the returns made and declared in time, form and
manner as required by the provisions of the laws of the State of California relating
to General Law cities and the Charter of the City of La Quinta; and
WHEREAS, the Riverside County Registrar of Voters canvassed the returns
of the election and has certified the results to the City of La Quinta, and said
results are received, attached and made a part hereof as Exhibit "A"; and
WHEREAS, said General Municipal election was held for the purpose of
electing the following officers of said City as required by the laws relating to cities
in the State of California, to wit:
One (1) Mayor of the City Council of said City for the full term of two years;
Two (2) Members of the City Council of said City for the full term of four
years;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
SECTION 1. That the names of persons voted for at said election for Mayor
of the City Council of said City is as follows:
DON ADOLPH
KENNETH DORAN
SECTION 2. That the names of persons voted for at said election for
Members of the City Council are as follows:
156
Resolution No. 2008-
November 4, 2008 Election Results
Adopted: December 2, 2008
Page 2
ED ALDERSON
KRISTY FRANKLIN
LARRY PUGHE
STANLEY SNIFF
ROBERT SYLK
MATT WISE
ROBERT WRIGHT
SECTION 3. The City Council does declare and determine that Don Adolph
was elected as Mayor for the full term of two (2) years; and Kristy Franklin and
Stanley Sniff were elected as Members of the City Council for the full term of four
(4) years.
SECTION 4. That the City Clerk shall immediately make and deliver to each
of the persons so elected, a Certificate of Election signed by the City Clerk and
authenticated; that the City Clerk shall also administer to each person elected, the
Oath of Office prescribed in the Constitution of the State of California and shall
have them subscribe to it and file it in the Office of the City Clerk. Each and all of
the persons so elected shall then be inducted into the respective office to which
they have been elected.
SECTION 5. That the City Clerk shall certify to the passage and adoption of
this resolution and enter it into the book of original resolutions.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council held on this 2nd day of December, 2008, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
157
Resolution No. 2008-
November 4, 2008 Election Results
Adopted: December 2, 2008
Page 3
ATTEST:
VERONICA J. MONTECINO, CIVIC, City Clerk
City of La Quinta, California
(SEAL)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
153
/ T^.
ono ��W
cFMOFTt��
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Veronica J. Montecino, CMC, City Clerk
DATE: December 2, 2008
SUBJECT: Certification of Election Results
The City Clerk Department has received the certification of election returns
and the Statement of Votes for the November 4, 2008 General Municipal
Election.
A copy is attached for your reference in regards to Business Item Number 1
list on the December 2, 2008 City Council agenda.
••. 159
Riverside County
CONSOLIDATED GENERAL
November 4, 2008
FINAL OFFICIAL ELECTION RESULTS
La Quinta Mayor
19/19 100.00%
Vote Count
DON ADOLPH 8,718
KENNETH DORAN 4,287
Total 13,005
La Quinta City Council Member
19/19 100.00%
Percent
67.04%
32.96%
100.00%
Vote Count
Percent
KRISTY FRANKLIN
5,158
24.06%
STANLEY SNIFF
4,339
20.24%
BOB WRIGHT
3,649
17.02%
ROBERT F. SYLK
2,402
1 1 .20%
LARRY E. PUGHE
2,229
10.40%
ED ALDERSON
2,054
9.58%
MATTHEW WISE
1,607
7.50%
Total
21,438
100.00%
160
BARBARA DUNMORE
Registrar of Voters
REGISTRAR OF VOTERS
COUNTY OF RIVERSIDE
2724 Gateway Dnve
Riverside, CA 92507-0918
(951) 486-7200 • FAX (951) 486-7272
www.voteinfo.net
CERTIFICATE OF REGISTRAR OF VOTERS
TO THE RESULTS OF THE CANVASS OF ELECTION RETURNS
State of California )
) ss.
County of Riverside )
I, BARBARA DUNMORE, Registrar of Voters of said County, do hereby certify that, in pursuance of the
provisions of Sections 15301, 15372, and 15374 of the California Elections Code, and the resolution adopted
by the City Council, I did canvass the returns of the votes cast on November 4, 2008, as part of the
Consolidated General Election in the
CITY OF LA QUINTA
and I further certify that the statement of votes cast, to which this certificate is attached, shows the whole
number of votes for each candidate for elective office at said election, in said City, and in each precinct
therein, and that the totals as shown for each candidate are full, true, and correct.
Dated this 2nd day of December 2008
/ � j�/iL►G'!/X � �mjl/19/
BARBARA DUNMORE
Registrar of Voters
161
12/02/0811:24 AM RIVERSIDE COUNTY Statement of Vote 323 of 977
November 4,2008 CONSOLIDATED GENERAL
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COUNCILIRDA MEETING DATE: December 2, 2008
ITEM TITLE: Consideration of Pillars of the
Community Applications
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: ct—
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve the Pillars of the Community applications as submitted.
FISCAL IMPLICATIONS:
Once the names of those being recognized are approved by the City Council, they
will be added to the "Book of Deeds" held in the City Clerk's office and recognized
with a plaque at the "Spirit of La Quinta" fountain site on the Civic Center Campus.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On February 19, 2002, the City Council approved the criteria for the "Pillars of the
Community" program. The criteria for each area are listed below:
The criteria for the "Pillars of the Community" program requires the
candidate to have received City-wide recognition, contributed significantly to
the development of the City, and have signatures of twenty-five residents
stating support for the candidate.
As of this report, four applications have been submitted for consideration in support
of Nan Hannon, John Mealey, Lee Osborne, and Paul Quill (Attachments 1-4).
1 163
Name
Residency
Contributions
Since
Nan Hannon
1999
La Quinta Public Library Volunteer; Serves on La
Quinta Public Library Board; Volunteers for the La
Quinta Arts Foundation
John Mealey
1997
Championed the cause of affordable housing in
La Quinta ; Served as Executive Director of the
Coachella Valley Housing Coalition for 25 years
Lee Osborne
1992
La Quinta City Council Member; Past Mayor Pro-
Tem; Served on Investment Advisory Board
Paul Quill
1982
Planning Commissioner; Instrumental in
development of PGA West and La Quinta Hotel
expansion; Served on La Quinta Mountains
Conservancy Commission; Serves on Coachella
Valley Community Trails Alliance Board
Pursuant to City Council direction on August 17, 2004, Senior Inspiration Award
recipients would automatically be included in the "Pillars of the Community"
recognized that year. Therefore, Diane Gunn, 2008 Senior Inspiration Award
recipient, will be recognized this year, and her name will be recorded in the "Book
fo Deeds."
If the City Council approves the Pillars of the Community applications that have
been submitted the names will be recorded in the "Book of Deeds," and they will be
invited to attend a future City Council meeting for formal recognition.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the Pillars of the Community applications as submitted; or
2. Do not approve the Pillars of the Community applications as submitted; or
3. Provide staff with alternative direction.
Respe fully submitted,
4
Edie y ton
Community Services Director
2 164
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Application for Nan Hannon
2. Application for John Mealey
3. Application for Lee Osborne
4. Application for Paul Quill
�- 3 165
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... 175
COUNCIL/RDA MEETING DATE: December 2, 2008
ITEM TITLE: Consideration of Professional Marketing
Services for Fiscal Year 2009-2010
RECOMMENDATION:
As deemed appropriate by the City Council.
FISCAL IMPLICATIONS:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
If a request for proposals (RFP) process were executed and a new marketing firm
selected, the City of La Quinta would need to retain the selected firm for preparation of
a City of La Quinta Marketing Plan for Fiscal Year 2009-2010. Since this work would
be required prior to the beginning of next fiscal year, a budget amendment would be
needed to retain the services of the new firm.
The current contract with Kiner Communications is for $322,300 with the option of
implementing a Cooperative Marketing Program with La Quinta Hotels for an additional
$117,000. This hotel program is contingent upon City Council approval and is
scheduled to come before Council on January 20, 2009.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
By way of background, the City of La Quinta retained Kiner Communications to
perform marketing consulting services pursuant to a contract services agreement in
December 1998 (for the remaining Fiscal Year 1998-1999 term). Kiner/Goodsell
Advertising, the firm's name at the time, was selected upon culmination of a request
for proposals (RFP) process. The original contract was for one year and has been
176
extended on a one-year basis since then. The current contract is set to expire on June
30, 2009.
In February 2002, Council directed staff to issue an RFP for marketing services. Staff
issued the RFP to approximately 60 marketing firms throughout the Coachella Valley
and Inland Empire. The City received a total of 14 proposals. In August 2002, the
City Council considered the top firms that responded and selected Kiner
Communications to continue as the City of La Quinta's marketing firm.
In January 2008, the City Council considered an item regarding the City of La Quinta's
contractual relationship with Kiner Communications. Specifically, Council had the
opportunity to discuss a request for proposals (RFP) process for marketing services.
At that time, Council elected not to issue an RFP for marketing services, and directed
the City Manager to negotiate a contract extension with Kiner Communications for
Fiscal Year 2008-2009. The motion included language indicating that an RFP process
should be considered in one year (related minutes are provided as Attachment 1).
On July 1, 2008, the City Council approved a Contract Services Agreement with Kiner
Communications for Fiscal Year 2008-2009. Council acknowledged Kiner
Communication's work in relation to a City of La Quinta Marketing Plan that supports
businesses, hotels, and residents while promoting community events and producing
various public communication pieces (related minutes are provided as Attachment 2).
Staff is placing this item on the City Council agenda in an effort to communicate the
schedule, strategic planning, and work product implications an RFP process would
yield. Furthermore, staff and affected marketing firms need ample time to perform the
necessary activities connected with an RFP process. If Council elects to issue an RFP
for marketing services for Fiscal Year 2009-2010, the following estimated timeline can
be considered:
December 2, 2008 Council directs staff to issue RFP
. December 16, 2008 Council approves RFP document
. December 19, 2008 Staff issues RFP
. January 23, 2009 Proposals due
. February 16, 2009 Selection Committee interviews
March 3, 2009 Top three firms for Council consideration
Selection of firm
April 7, 2009 Selected firm to present new marketing strategies for
Fiscal Year 2009-2010 to Council
177
June 2, 2009 Council approves Fiscal Year 2009-2010 Contract
for Services Agreement with selected firm
June 16, 2009 Council adopts City of La Quinta Marketing Plan for
Fiscal Year 2009-2010
Ideally, the selected firm would be charged with assisting in the preparation of a City
of La Quinta Marketing Plan for Fiscal Year 2009-2010. If a new firm is selected, an
overlap would occur given the City's need to retain the services of the new firm for
preparation of a new marketing plan for the upcoming fiscal year. The City would
negotiate the cost of this plan preparation work, which takes place prior to the
beginning of the fiscal year. Kiner Communications would only be involved in
completing the balance of the tasks included in their scope of work for Fiscal Year
2008-2009, including: a tourism website, community calendar, airport baggage claim
ad, dine/shop spring ad campaign, quarterly newsletters (three), and the City's
cooperative advertising programs with Village businesses and La Quinta hotels. The
timeline outlined above is somewhat accelerated and would possibly change during the
course of the RFP process.
If Council decides not to issue an RFP and directs staff to renegotiate a contract
services agreement with Kiner Communications, Kiner would prepare new marketing
strategies for Council consideration and staff would bring them forward in April 2009
as in previous years.
Staff is soliciting Council direction on whether it wishes to execute a competitive bid
process for marketing services for Fiscal Year 2009-2010. If given this direction, staff
will bring back the RFP document on December 16, 2008 for Council consideration
and approval.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Direct staff to issue a request for proposals for professional marketing services
for Fiscal Year 2009-2010; or
2. Authorize staff to renegotiate a contract with Kiner Communications for
professional marketing services for Fiscal Year 2009-2010; or
3. Provide staff with alternative direction.
... 178
Respectfully submitted,
Douglas"R. Eva
Assistant Cit anager— Development Services
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Minutes from January 15, 2008 City Council meeting
2. Minutes from July 1, 2008 City Council meeting
ATTACHMENT
City Council Minutes 4 January 15, 2008
MOTION — It was moved by Council Members Sniff/Kirk to approve the
Consent Calendar as recommended and amended with the exception of Item
No. 16 and with Item Nos. 8, 13, and 14 being approved by RESOLUTION
NOS. 2008-001 through 2008-003 respectively. Motion carried
unanimously.
BUSINESS SESSION
1. CONSIDERATION OF CITY OF LA QUINTA PROMOTIONAL LOGO.
Management Analyst Casillas presented the staff report.
Council Member Henderson conveyed disappointment about losing the
traditional script lettering and has received several calls from constituents
conveying the same sentiment; stated the City has expended many funds
branding the lettering; and conveyed her support for Logo 1 a with the script
lettering.
Council Member Sniff stated changing the size of the gem is a good move;
stated Logo 1a with the modified script print is a very good choice and
would support this selection.
Council Member Osborne conveyed concern about resizing the gem in
printing the logo. Andrea Carter, of Kiner Communications, stated the artist
designed the logo for use in advertising and confirmed the gem will be clear
when resizing.
MOTION - It was moved by Council Members Sniff/Henderson to approve
Logo Concept 1 a, with modified script lettering as a promotional logo for the
City. Motion carried unanimously.
2. ONSIDERATION OF A CONTRACT EXTENSION WITH" • KINER:
OMMUNICATIONS FOR PROFESSIONAL MARKETING SERVICES.
Council Member Osborne recused himself from participating on this item due'"
to a conflict of interest because Kiner Communications is a client of his firm.
Management Analyst Casillas presented the staff report.
In response to Council Member Henderson, Management Analyst Casillas
stated staff is in communication with Kiner Communications on a daily basis,
and meets weekly or bi-weekly; stated Kiner Communications attends the,
City Council Minutes 5 January 15, 2008
Quarterly Marketing meetings; explained staff has been working separately
with the hotels, and the committee for the Quarterly Marketing meeting
includes members from the Chamber of Commerce, La Quints Arts
Foundation, La Quinta Resort, Landmark, Kiner Communications, and the
City.
Council Member Henderson expressed a desire to understand the marketing
aspect and questioned if staff is cooperating with marketing groups from
other organizations in the community; and challenged staff to establish a
comprehensive plan for the City of La Quinta. City Manager Genovese stated
staff will report back and present concepts for review, end explained staff is
aware of community organization's schedule of events relating to the
marketing program.
Council Member Sniff suggested the marketing program be as
comprehensive as possible; stated staff should be given the latitude in
working the program to be effective; conveyed support for the staff
recommendation; stated Kiner Communications has been an effective and
professional organization and has a pre-existing understanding of the City.
Council Member Kirk conveyed his need to see competitive bids because it
has been five or six years since the last competitive bid process; stated due
to the relationship with Kiner Communications, the contract should be
continued for one year, provided an RFP is considered at the end of one
year.
MOTION - It was moved by Council Members Kirk/Sniff to authorize staff to
negotiate an extension to the City of La Quinta contract with Kiner
Communications for professional marketing services and an RFP to be
considered in one year. Motion carried by a vote of 4-0-1, Osborne
abstaining.
3. CONSIDERATION OF CIVIC CENTER CAMPUS ARTISTS
ACKNOWLEDGMENT AREA APPLICATIONS.
Community Services Director Hylton presented the staff report.
MOTION - It was moved by Council Members Henderson/Kirk to approve
adding the names of Eric Johnson and Elliott Newton to the Artist
Acknowledgment Area. Motion carried unanimously.
ATTACHMENT 2
City Council Minutes 4 July 1, 2008
Item Nos. 10 and 11:
MOTION — It was moved by Council Members Sniff/Osborne to approve
Consent Calendar Item Nos. 10 and 11 as submitted. Motion carried 4-0-1
with Council Member Kirk abstaining.
BUSINESS SESSION
7. CONSIDERATION OF CONTRACT SERVICES AGREEMENT WITH KINER
COMMUNICATIONS FOR PROFESSIONAL MARKETING SERVICES FOR
FISCAL YEAR 2008/2009.
Council Member Osborne recused himself from participating on this Item due
to a potential conflict of interest as Kiner Communications is a client of his
accounting firm, and he left the dais.
Management Analyst Casillas presented the staff report.
In response to Mayor Adolph, Management Analyst Casillas stated staff
attempted to budget an amount for Fiscal Year 2008/2009 that is close to
last year's amount, and explained new programs added this year. Scott
Kiner, of Kiner Communications, explained the billboard shown on screen
during the U.S. Open is controlled by KMIR-TV.
Council Member Henderson noted although the marketing budget is higher
this year, the City Council will review and approve the programs; and stated
this is not the time to fall back on the marketing aspect. Mr. Kiner stated
the current economy is a buyer's market.
Council Member Henderson commented on a peel -off card promoting
restaurants in Rancho Mirage that was included in conference materials at
the recent Coachella Valley Association of Governments (CVAG) annual
meeting.
Andrea Carter, of Kiner Communications, announced Kiner Communications
recently won a Bronze Tele Award.
Council Member Sniff stated he has noticed the City of Rancho Mirage is
placing advertising similar to La Quinta; stated there should be a significant
emphasis to the City of La Quinta during the television commercials; stated
these are more competitive times, and judicious advertising can have
tremendous value to the City; it is important to support the revenue
.. 182
City Council Minutes 5 July 1, 2008
producers because they are vital to the City; and he complimented Kiner
Communications for doing an excellent job.
Council Member Kirk conveyed support for a contract with Kiner
Communications, and for marketing specific City programs; and stated his
concerns about generic advertising is known.
MOTION - It was moved by Council Members Kirk/Henderson to approve a
Contract Services Agreement with Kiner Communications for professional
marketing services for Fiscal Year 2008/2009 in the amount of $322,300,
including a Cooperative Marketing Program with La Quinta Hotels for an
additional not -to -exceed amount of $117,000 (implementation and funding
contingent upon future City Council approval); and authorize the City
Manager to execute the contract. Motion carried by vote of 4-0-1 with
Council Member Osborne abstaining.
2. CONSIDERATION OF A RESOLUTION TO DESIGNATE A REDEVELOPMENT
SURVEY AREA FOR A PROPOSED FIFTH AMENDMENT TO THE
REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT
AREA NO. 2.
Redevelopment Consultant Spevacek presented the staff report.
RESOLUTION NO. 2008-046
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, DESIGNATING A REDEVELOPMENT SURVEY AREA FOR
STUDY PURPOSES FOR THE PROPOSED AREA TO BE ADDED BY THE
FIFTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LA QUINTA
REDEVELOPMENT PROJECT AREA NO. 2.
It was moved by Council Members Sniff/Osborne to adopt Resolution No.
2008-046 as submitted. Motion carried unanimously.
3. CONSIDERATION OF FORMATION AND APPOINTMENT OF TWO MEMBERS
TO AN AD -HOC COMMITTEE TO REVIEW THE 1ST QUARTER (JULY 2008 -
SEPTEMBER 2008) GRANT REQUESTS.
Community Services Director Hylton presented the staff report.
In response to Council Member Sniff, Community Services Director Hylton
stated $100,000 has been budgeted for the Community Services Grant
183
COJ '
a,
� 5
y OF TNF
COUNCIL/RDA MEETING DATE: December 2, 2008 AGENDA CATEGORY:
ITEM TITLE: Consideration of an Ordinance Amending BUSINESS SESSION:
Chapter 2.60, Section 2.60.020 (Designated CONSENT CALENDAR:
Employees — Disclosure Categories) of the La Quinta
Charter and Municipal Code Relative to Conflict of STUDY SESSION: _
Interest Code PUBLIC HEARING:
RECOMMENDATION:
A1. Move to take up Ordinance No. by title and number only and waive
further reading.
B). Move to introduce first reading of Ordinance No. amending Chapter
2.60, Section 2.60.020 (Designated Employees — Disclosure Categories) of the
La Quinta Charter and Municipal Code relative to the Conflict of Interest Code.
FISCAL IMPLICATIONS: None
CHARTER CITY IMPLICATIONS: None
BACKGROUND AND OVERVIEW:
The Political Reform Act requires every local government agency to review its Conflict
of Interest Code biennially. No later than October 1 of each even -numbered year, each
agency must submit to the code reviewing body (City Council) a notice indicating
whether or not an amendment is necessary. On September 16, 2008, the City Council
received and filed the 2008 Local Biennial Notice.
If amendments to the City's Conflict of Interest Code are necessary, the City Council
184
must approve the amendments within 90 days of receiving the biennial notice
(December 15, 2008).
Review of the City's Conflict of Interest Code has resulted in the recommendation to
add the following Designated Employees:
Assistant City Attorney
Deputy City Attorney
Economic Development Project Manager
Museum Services Manager
Planning Director
The following Designated Employee categories are recommended for removal from the
City's Conflict of Interest Code:
Community Development Director
Members of the Cultural Arts Commission
Members of the Project Area Committee
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. A►. Move to take up Ordinance No. by title and number only and
waive further reading; and
B►. Move to introduce first reading of Ordinance No. amending
Chapter 2.60, Section 2.60.020 (Designated Employees - Disclosure
Categories) of the La Quinta Charter and Municipal Code relative to the
Conflict of Interest Code.; or
2. Do not introduce an Ordinance amending Chapter 2.60, Section 2.60.020
(Designated Employees - Disclosure Categories) of the La Quinta Charter and
Municipal Code relative to the Conflict of Interest Code; or
3. Provide alternative direction to staff.
Approved for submission by:
Thomas P. Genovese, City Manager
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.60
SECTION 2.60.020 RELATING TO THE CITY OF LA
QUINTA CONFLICT OF INTEREST CODE
THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
WHEREAS, the Political Reform Act, Government Code Section 81000, at seq.,
requires state and local government agencies to adopt and promulgate conflict of
interest codes; and
WHEREAS, the Fair Political Practices Commission (the "FPPC") has adopted a
regulation, 2 California Code of Regulations Section 18730, which contains the terms
of a standard conflict of interest code which can be incorporated by reference; and
WHEREAS, the City of La Quinta (the "City") has adopted by reference the
FPPC's regulation as well as a list of designated employees as Chapter 2.60 of the La
Quinta Municipal Code (the "Code"); and
WHEREAS, the City desires to make changes to the list of designated employees
and disclosure categories to reflect the current classifications/positions within the City;
and;
WHEREAS, the City believes these changes are in the best interests of the
citizens of the City of La Quinta.
NOW THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. AMEND CHAPTER 2.60 OF THE CODE AS FOLLOWS•
Amend 2.60.020 Designated Employees - Disclosure categories as
follows:
" 2.6.020 Designated employees - Disclosure categories
Accounting Manager 1
Assistant City Attorney*
Assistant City Manager 1
Assistant City Engineer*
Building and Safety Director'
187
Ordinance No.
Conflict of Interest Code
Adopted:
Page 2
Building and Safety Manager'
City Attorney*
City Clerk'
City Manager*
Community Development Director'
Community Safety Manager'
Community Services Director'
Consultants'
Deputy City Attorney'
Economic Development Project Manager'
Finance Director*
Golf and Parks/Landscape Manager'
Maintenance Manager'
Management Analyst'
Mayor*
Member of the Architecture & Landscape Review Committee'
Members of the City Council*
Members of the Community Services Commission'
Members of the Cultural Arts Commission'
Members of the Historic Preservation Commission'
Members of the Investment Advisory Board'
Members of the Planning Commission*
Members of the Project Area Committee'
Museum Services Manager'
Personnel/Risk Manager'
Planning Director'
Planning Manager'
Principal Planner'
Public Works Director/City Engineer'
Senior Engineer'
' Persons listed in this category shall disclose all investments, business positions and income from
sources located in or doing business in the city and any interests in real property located in the
city, including property located within a two-mile radius of any property owned or used by the
city.
* Persons holding these positions file the Form 700 Statement of Economic Interest pursuant to
Government Code Section 87200.
* * Commission Regulation 18700 defines "consultant" as an individual who, pursuant to a contract
with a state or local government agency:
A. Makes a governmental decision to:
1 . Approve a rate, rule or regulation,
2. Adopt or enforce a law,
3. issue, deny, suspend or revoke any permit, license, application, certificate, approval,
order or similar authorization or entitlement,
4. Authorize the agency to enter into, modify or renew a contract provided it is the type of
contract which requires agency approval,
188
Ordinance No.
Conflict of Interest Code
Adopted:
Page 3
5. Grant agency approval to a contract which requires agency approval and in which the
agency is a party or to the specifications for such a contract,
6. Adopt or grant agency approval of policies, standards, or guidelines for the agency, or
for any subdivision thereof; or
B. Serves in a staff capacity with the agency and in that capacity performs the same or
substantially all the same duties for the agency that would otherwise be performed by an
individual holding a position specified in the agency's conflict of interest code.
Consultants shall be included in the list of designated employees and shall disclose pursuant to the
broadest disclosure category in the code subject to the following limitation:
The city manager may determine in writing that a particular consultant,
although a "designated position," is hired to perform a range of duties that is
limited in scope and thus is not required to fully comply with the disclosure
requirements described in this section. Such written determination shall include
a description of the consultant's duties and, based upon that description, a
statement of the extent of the disclosure requirements. The city manager's
determination is a public record and shall be retained for public inspection in the
same manner and location as this conflict of interest code.
SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect
thirty days (30) days after its adoption.
SECTION 3. POSTING: The City Clerk shall cause this Ordinance to be posted
in at least three public places designated by resolution of the City Council, shall certify
to the adoption and posting of this Ordinance, and shall cause this Ordinance and its
certification, together with proof of posting to be entered into the Book of Ordinances
of the City of La Quinta.
PASSED, APPROVED, and ADOPTED this day of
2002, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
1". 189
Ordinance No.
Conflict of Interest Code
Adopted:
Page 4
ATTEST:
VERONICA J. MONTECINO, City Clerk
City of La Quinta, California
(City Sea])
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
190
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby
certify the foregoing to be a full, true, and correct copy of Ordinance No. which was
introduced at a regular meeting on the day of and was adopted ata
regular meeting held on the day of not being less than 5 days after
the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the City of
La Quinta as specified in a Resolution of the City Council.
VERONICA J. MONTECINO, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, VERONICA J. MONTECINO, City Clerk of the City of La
certify that the foregoing ordinance was posted on
Resolution.
VERONICA J. MONTECINO, City Clerk
City of La Quinta, California
Quinta, California, do hereby
pursuant to Council
191
C&ty� 4 4 a"
AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: December 2, 2008 3
BUSINESS SESSION:
ITEM TITLE: Consideration of Design Options for
Placement of Street Name Signage in the Cove Area CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Direct staff to proceed with replacing the existing street name signs in the Cove Area
with the sign type and color selected by the City Council.
FISCAL IMPLICATIONS:
Approximate proposed construction costs for signage options:
Option No. 1 (Install 4 new standard shape signs and 2 new posts at
the center of curb return for each of the 282 intersections) $192,000
Option No. 2 (Install 4 new signs with a rounded hump and 2 new
posts at the center of curb return for each of the 282 intersections) $215,000
Option No. 3 (Additional cost to use reflective sign posts) $ 38,000
The Fiscal Year 2008/2009 budget Account 101-7003-431.56-46 contains $100,000
toward street signs. Any option over this amount would require an additional
appropriation from General Fund available reserves 101-0000-290.00-00.
At the previous City Council Study Session, staff was asked to look at the General
Fund financial position. Attachment 1 is a Revenue and Expenditure Analysis for the
first Quarter of the current Fiscal Year 2008/2009 and the past Fiscal Year
2007/2008. The analysis shows a slight increase in revenues over expenditures of
-w, 192
$281,000 in the current fiscal year. This increase is mainly due to increased advances
made by the General Fund to the RDA, Library Fund and Civic Center Fund.
CHARTER CITY IMPLICATIONS:
Since the cost for installing the new signs will be paid from local funds, prevailing
wage will not be required.
BACKGROUND AND OVERVIEW:
There are currently 282 street name signs in the cove area. The signs were originally
installed in late 1986 and early 1987 with one sign being placed at the southeast
corner of each intersection.
Due to a number of factors (low levels of lighting, landscape interference, lack of
signage etc.) there have been complaints concerning the visibility of the street name
signs and difficulty in navigating the Cove area in general, especially during the
evening and night time hours.
Staff researched possible methods of increasing the visibility of the street name signs
in the Cove area and presented alternatives for the Council's consideration during the
June 2, 2008 City Council meeting. The Council directed staff to solicit input from
the Cove neighborhood on the different sign options and return with design
recommendations.
On July 15, 2008, the City instituted the Cove Area Street Sign Demonstration Project
and installed new 9" reflective street signs along Calle Nogales in the La Quinta Cove.
The new larger high reflectivity signs were placed on both new posts at the center of
the curb returns and on the existing stop sign posts. The City asked for feedback
from residents on the daytime and evening hour functionality of these new street
signs.
Feedback from the Cove residents was almost entirely positive with the majority of
responses favoring the new posts at the center of the curb return.
On September 16, 2008, City Council agreed to the sign placement at the center of
the curb returns on new signposts and directed staff to come back with various sign
color and seal options at a future meeting.
Staff has received the following 7 layout options (Attachment 2) for the street name
signs and is seeking Council direction on the following design options:
1. Rounded top signs with La Quinta script.
193
2. Standard sign with City of La Quinta color logo.
3. Standard sign with La Quinta script.
4. Rounded top sign with City of La Quinta color seal.
5. Rounded top sign with La Quinta script and the quail from the 25`h Anniversary
logo.
6. Rounded bottom sign with La Quinta script .
7. Rounded top sign with the City's promotional Gem logo
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Direct staff to proceed with replacing the existing street name signs in
the Cove Area with the sign type and color selected by the City Council
and make an appropriation for funding as necessary; or
2. Do not direct staff to proceed with replacing the existing street name
signs in the Cove Area with the sign type and color selected by the City
Council and do not make an appropriation for funding; or
3. Provide staff with alternative direction.
Respectfully submitted,
Timothy R. Jo a son, P.E.
Public Works ector/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Revenue and Expenditure Analysis
2. Sign Layout Options 1-7
194
i
I
CRY of La Quints
General Fund
Revenue & E)penditures,
First Three Months
FY Increase!
08M Inflows Outflows Deaeese
2,842,506,27 5,730,916.27 (2,888,410.00)
07Po8 2,509,907.42 5,679,709.63 (3,169,802.21)
Revenues - First three Months
Categories
TAXES:
FY 08/09
FY 07/08
Change
LICENSE & PERMITS:
947,344.79
330,363.43
965,264.24
357,037.09
(17,919.45)
(26,673.66)
FEES:
INTERGOVERNMENTAL
374,603.50
135,494.01
559,130.90
123,216.88
(184,527.40)
INTEREST
MISCELLANEOUS
1,053,170.01
504.999.94
12,187.13
548,170.07 ..
TRANSFER IN
1,620.53
0.00
258.37
1,362.16
0.00
0.00
2 842.506.27
2 509 907.42
332 598 85
Expenditures - First Three Malls
Cetegodw
GENERAL GOVERNMENT:
FY 08/09
1,480,556-15
FY 07/08
1,499,337.29
Change
(18,781.14)
CITY CLERK
COMMUNITY SERVICES
157,117.74
131,088.68
26,029.06
FINANCE:
1,420,350.13
1,172,84723
247,502.90
BUILDING &SAFETY:
405,040.87
991,911.97
395,139.50
884,201.64
9,901.37
107.710.33
POLICE:
COMMUNITY DEVELOPMENT:
82,378.41
337,810.37
62,293.90
307,391.69
20,084.51
30,418.68
PUBLIC WORKS:
TRANSFERS OUT
1,670,113.23
1,975,103.61
(304,99038)
GENERAL FUND REIMBURSEMENTS
130,064.54
_ 4,42714
152,393.75
087661
(22,32921)
(4433948)90916
GENERAL FUND EXPENDITURES
573
5797n0.
ca onenNET
Increase from FY OaW 281,392.21-
ATTACHMENT 1,
Change
281,392.21
a
195
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AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: December 2, 2008
ITEM TITLE:
BUSINESS SESSION:
COnSlderatlOn Of City COUnCII
Reorganization CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
That the City Council select a member to serve as Mayor Pro Tempore for a term as
provided by Resolution No. 2006-1 15.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The provisions of Resolution No. 2006-1 15 require the City Council to meet after the
declaration of the general municipal election and choose one of its members as Mayor
Pro Tempore, in accordance with Government Code Section 36801. Each selection
shall be by three or more affirmative votes, and a failure to achieve such total of
affirmative votes shall be deemed a selection of the incumbent to remain in office.
Each person so selected shall serve until a successor is chosen (at any time) by three
or more affirmative votes, provided that at the second regular meeting in November of
each odd numbered year, the office of Mayor Pro Tempore shall automatically be
reconsidered by the Council.
Due to the fact that the Riverside County Registrar of Voters is anticipated to provide
the certified results of the canvass for the November 4, 2008, General Election on
December 2, 2008, the selection of Mayor Pro Tempore is being presented to the City
Council at this time.
2,93
FINDINGS AND ALTERNATIVES:
The Alternatives available to the City Council include:
1. Select a Mayor Pro Tempore to serve a term as provided by Resolution No.
2006-115; or
2. Provide staff with alternative direction.
Rasp fully submitted,
Veronica ontecino, CMC
City Cle
Approved for submission by:
Thomas P. Genovese, City Manager
204
AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: December 2, 2008
BUSINESS SESSION:
ITEM TITLE: Consideration of City Council Standing
Committee and Other Agency Appointments CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Select representatives of the City Council to serve on various committees for the
year 2009, and in the case of the Coachella Valley Mosquito and Vector Control
District (CVMVCD), for a two-year term beginning in January 2009.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Each year, the City Council selects Council Members to serve on a number of
committees which provide regional and local representation for the City of
La Quinta. In addition, the City Council needs to appoint a representative to the
Coachella Valley Mosquito and Vector Control District. Attachment 1 is a complete
list of committees and appointments made last year for the Council's consideration.
FINDINGS AND ALTERNATIVES:
The Alternatives available to the City Council include:
1. Select representatives of the City Council to serve on various committees for
the year 2009 and for the CVMVCD for a two-year term commencing in
January 2009; or
205
2. Do not select representatives of the City Council to serve on various
committees for the year 2009; or
3. Provide staff with alternative direction.
Respect y submitted,
r
Veronica JoMontecino, CMC
City Clerk
Approved for submission by:
�omas P. Genovese, City Manager
Attachment: 1. List of Existing City Council Committee Assignments
206
Attachment 1
CITY COUNCIL APPOINTMENTS
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS COMMITTEES
COACHELLA VALLEY CONSERVATION COMMISSION:
Member: Stanley Sniff, Council Member
Alternate: Tom Kirk, Council Member
Meets on the second Thursday at 11:30 a.m.
EXECUTIVE COMMITTEE:
Member: Don Adolph, Mayor
Alternate: Lee Osborne, Mayor Pro Tern
Non -Voting Member: City Manager
Meets last Monday of each month at 6:00 p.m.
ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE:
Member: Stanley Sniff, Council Member
Alternate: Tom Kirk, Council Member
Staff Support: Planning Director or Designee
Meets second Thursday of each month at 12:00 p.m.
VALLEY -WIDE HOMELESS COMMITTEE:
Member: Lee Osborne, Mayor Pro Tern
Alternate:
Staff Support: Community Services Director
HUMAN AND COMMUNITY RESOURCES COMMITTEE:
Member: Lee Osborne, Mayor Pro Tern
Alternate: Tom Kirk, Council Member
Staff Support: Community Services Director
Meets fourth Wednesday of each month at 11:45 a.m.
Updated: November 24, 2008
207
PUBLIC SAFETY COMMITTEE:
Member: Tom Kirk, Council Member
Alternate: Terry Henderson, Council Member
Staff Support: Assistant City Manager -Management Services
Meets second Monday of each month at 10:00 a.m.
TRANSPORTATION COMMITTEE:
Member: Tom Kirk, Council Member
Alternate: Terry Henderson, Council Member
Staff Support: Public Works Director/City Engineer
Meets third Monday of each month at 12:00 p.m.
TECHNICAL ADVISORY COMMITTEE:
Member: City Manager
Meets second Friday of each month at 10:00 a.m.
TECHNICAL PLANNING SUB -COMMITTEE:
Member: Planning Designee
Alternate: Planning Director
Meets third Monday of each month at 8:30 a.m.
TRANSPORTATION TECHNICAL ADVISORY SUB -COMMITTEE:
Member: Public Works Director/City Engineer
Alternate: Senior Engineer
Meets fourth Thursday of each month at 1:30 p.m.
PM10 TECHNICAL WORKING GROUP:
Member: Planning Director or Designee
Alternate: Associate Planner
Meets first Monday of each month at 1:30 p.m.
Updated: November 24, 2008 208
ANIMAL CAMPUS COMMISSION:
Member: Terry Henderson, Council Member
Alternate: Lee Osborne, Mayor Pro Tern
Meets every other month on the second Thursday at 9:30 a.m.
BOB HOPE CHRYSLER CLASSIC FUND DISTRIBUTION COMMITTEE
Member: Don Adolph, Mayor (appointed 9116108)
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY:
Member: Lee Osborne, Mayor Pro Tem (appointed 117103)
Alternate: Personnel/Risk Manager
CALIFORNIA STATE UNIVERSITY SAN BERNARDINO LIAISON:
Member: Economic Development Project Manager
Appointed by: City Manager
Authorized by Council: October 1, 1996
CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE
Member: Terry Henderson, Council Member (appointed 1017108)
Staff Support: City Manager
Staff Support: Assistant City Manager -Development Services
Staff Support: Economic Development Project Manager
Meets every other month / Rotate after 3 consecutive meetings
CIVIC CENTER ART PURCHASE COMMITTEE
Members: Terry Henderson, Council Member (appointed 2008)
Tom Kirk, Council Member (appointed 2008)
Rotates Annually
Updated: November 24, 2008
209
COACHELLA VALLEY ECONOMIC PARTNERSHIP
Board Member: Tom Kirk, Council Member
(one-year appointment in October 2007)
Alternate: Lee Osborne, Mayor Pro Tern
Staff Support: Economic Development Project Manager
COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT
LQ Representative: Terry Henderson (Board Member)
Term: Extended current term to December 31, 2008 to coincide
with calendar year requirements
(Appointed May 6, 2008)
(New appointment for a two-year term effective January 1, 2009)
Staff Support: City Manager
Meets second Tuesday of each month at 6:00 p.m.
COACHELLA VALLEY MOUNTAINS CONSERVANCY
Ex. Board Member: Tom Kirk, Council Member
Alternate: Stanley Sniff, Council Member
Staff Support: Planning Director
Meets second Monday of every other month at 3:00 p.m.
COACHELLA VALLEY WATER DISTRICT JOINT WATER POLICY COMMITTEE
Member: Don Adolph, Mayor
Alternate: Terry Henderson, Council Member
(Appointed: September 22, 2004)
IMPERIAL IRRIGATION DISTRICT ENERGY CONSUMERS' ADVISORY COMMITTEE
Member: Frank Blum, Citizen Representative
Alternate: Mack Carter, Citizen Representative
Elected Official: Lee Osborne, Mayor Pro Tern
Staff Alternate: Bret Plumlee, Assistant City Manager -Management
Services
(Appointed: September 16, 2008)
Term: 3 years (Committee has scheduled to review the bylaws on
December 1, 2008)
Meets the first Monday of each month at 6:00 p.m. at alternate locations between 11D
offices in El Centro and La Quinta.
Updated: November 24, 2008
210
JACQUELINE COCHRAN REGIONAL AIRPORT
Member: Lee Osborne, Mayor Pro Tern
Alternate: Terry Henderson, Council Member
Staff Support: Planning Director
Meets last Wednesday of each month at 4:00 p.m. at Thermal Airport
LEAGUE OF CALIFORNIA CITIES — RIVERSIDE DIVISION
Delegate: Terry Henderson, Council Member
Alternate: Don Adolph, Mayor
(Appointed: 12116197)
LIBRARY SERVICE ZONE ADVISORY BOARD
Member: Terry Henderson, Council Member (Appointed: 1011196)
Alternate: Don Adolph, Mayor (Appointed: 1011196)
PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY
Ex. Board Member: Terry Henderson, Council Member
Alternate: Don Adolph, Mayor
Staff Support: City Manager
Meets third Tuesday of each month at 9:00 a.m. at Palm Desert City Hall
PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION
LQ Rep: Nancy Doria, citizen representative (79-448 Calle Prospero
Appointed: 917104)
Alternate: Michael Mastrogiuseppe (78-895 via Trieste/9/7/04)
4-Year Term expires June 30, 2008
Meets the first & third Wednesday of each month at 8.00 a.m.
RIVERSIDE COUNTY CHILD SAFETY COMMISSION
Member:
Alternate:
Updated: November 24, 2008
Terry Henderson, Council Member
Tom Kirk, Council Member
,,. 211
RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE
Member: Terry Henderson, Council Member
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
Commission Member: Terry Henderson, Council Member
Commission Alternate: Don Adolph, Mayor
(Both Appointed: January 7, 2003 /no expiration date)
Meets second Wednesday of each month at 9:00 a.m. in Riverside
SANTA ROSA & SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE
Commission Member: Terry Henderson, Council Member - Three year term
(Re -appointed 7/5/06)
Meetings held 1" Saturday of every other month
SCHOOL AD HOC COMMITTEE
Member: Lee Osborne, Mayor Pro Tem
Member: Stanley Sniff, Council Member
SUNLINE TRANSIT AGENCY
Board Member: Don Adolph, Mayor
Alternate: Lee Osborne, Mayor Pro Tern
Staff Support: City Manager
Meets last Wednesday of each month at 12:00 p.m.
Updated: November 24, 2008
212
LiQ'c
o� 44
y OF 11
COUNCIL MEETING DATE: December 2, 2008
ITEM TITLE: Consideration of an Amendment No. 1
to the Site Development Maintenance Agreement
with Fourth Quarter Properties XLIII, as Successor in
Interest to 1 1 1 Venture, LLC
RECOMMENDATION:
As deemed appropriate by City Council.
FISCAL IMPLICATIONS:
AGENDA CATEGORY:
BUSINESS SESSION: 2S
CONSENT CALENDAR: _
STUDY SESSION:
PUBLIC HEARING:
If the City were to decide in the future to construct a bike path on the south side of
the Whitewater Storm Channel, this action would formally eliminate one
developer's obligation to construct or contribute towards the construction of
approximately 985 linear feet of the bike path east of Adams St. along the northern
boundary of Parcel Map 29351. However, the security posted by the developer for
the bike path (a $28,000 letter of credit) was released in 2007.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
This request relates to the development of the Pavilion at La Quinta shopping
center located on the north side of Highway 1 1 1, east of Adams Street. Both the
Specific Plan for the development (SP 99-36) and Tentative Parcel Map 29351
which created the parcels within the center were conditioned to "construct a Class
A Bike Path along the south embankment of the Whitewater Storm Channel (within
the Channel right of way)...... (SP 99-036 Condition No. 37T.D and Tentative
Parcel Map 29351, Condition No. 43.C). The Tentative Map condition stated:
"Bike Path — Construct a Class A Bike Path along the south embankment of the
Whitewater Storm Channel (within the Channel right of way) from Adams Street to
213
the east boundary of this tentative map.) The Specific Plan condition imposed that
requirement for the entire length of the Channel between Adams and Dune Palms.
The Parcel Map condition imposed the obligation for the portion of the Channel
immediately adjacent to the Map area (approximately 985 linear feet). Tentative
Parcel Map 29351 (Attachment 1) was the only parcel map within Specific Plan
99-036 which included this obligation.
Of the four approved Specific Plans along the Whitewater Channel, only two have
requirements for the construction of a bike trail along the Channel. These projects,
as well as the Condition of Approval (COA) for the bike trail are listed below:
1. Point Happy (Specific Plan 2000-043)
COA #6 — "If the applicant cannot obtain permission from CVWD for the
location of a bike path (required below) within the Coachella Valley
Stormwater Channel, the applicant shall grant an easement across the north
end of this property for that purpose."
COA #31 A.3 — "Bike path — Pay pro-rata share of Bike Path adjacent to
project site. Prorate share shall not exceed $30 per lineal foot of 8-foot wide
PCC bike path."
2. La Quinta Corporate Center (Specific Plan 1999-036)
COA #37 D — "Bike Path — construct a "Class A" Bike Path along the south
embankment of the Whitewater Storm Channel (within the Channel right of
way) from Adams Street to Dune Palms Road along the project property line,
subject to CVWD approval."
By 2002, the developer of Parcel Map 29351 0 11 Venture, LLC) had completed all
but the following two of the improvements it was required to construct: (1) the
perimeter landscaping along Highway 111 and (2) the bike path along the Channel.
In order to ensure the installation of these two final improvements and to provide
for the maintenance of the landscaping once it was installed, the City and 111
Venture, LLC, entered into a Site Development and Maintenance Agreement
(Attachment 2). Rather than being recorded against all of the parcels within the
Parcel Map, the Agreement was only recorded against Parcels 10, 11, and 12, all
of which are located south of Corporate Center Drive. (Attachment 1) Under the
Agreement, 111 Venture LLC was required to construct the bike path in
accordance with the condition of Specific Plan 99-036. The developer was also
required to post securities in the amount of $28,000 for the bike path and
214
$141,880 for the perimeter landscaping. 111 Venture, LLC posted a letter of
credit as security.
In July 2007, the City Council accepted the perimeter landscaping as complete and
authorized the release of the security related thereto. According to the staff report,
the remaining security for the bike path would be retained until such time as it was
determined whether it could be constructed.
In September of 2007, the subsequent owner of Parcels 10, 11, and 12, Thomas
Enterprises, requested the release of its security for the bike path. The developer
took the position that based upon certain inadvertent references in the recitals of
the Agreement to the bike path being "on -site" or "on the Property", that it should
not be interpreted as requiring the construction of the bike path off -site on the
Channel. They argued that they had essentially satisfied the obligation by
constructing an 8-foot wide meandering pathway along the southern boundary of
the site. Staff rejected these arguments because the Agreement clearly specified
that the bike path was to be constructed in accordance with Specific Plan 99-036.
Staff felt the more compelling argument made by Thomas Enterprises was:
"The Whitewater Storm Channel bike path does not exist along properties
that abut the Whitewater Storm Channel. Thomas Enterprises strongly
disagrees that it is our responsibility to pioneer this theoretical bike path that
is on CVWD property, more than 500 feet from our property and that
appears to be infeasible due to the highly constrained connectively of a
storm channel bike path with major roadways bisecting it at extremely lower
elevations."
The Public Works Director agreed with Thomas Enterprises regarding this point. On
November 27, 2007, he sent a letter to Thomas Enterprises concurring with their
position and releasing Thomas Enterprises from the obligation to construct the bike
path. The City Clerk returned the letter of credit.
Thomas Enterprises is now in the process of selling the three parcels to another
buyer. That buyer had requested that the Site Maintenance Agreement be formally
modified to eliminate the requirement to construct the bike path consistent with the
Public Works Director's letter of November 27, 2007.
Attachment 3 is the First Amendment to the Site Development Maintenance
Agreement with Fourth Quarter Properties XLIII, as Successor in Interest. This
amendment removes the obligation of constructing the bike path but retains the
developer's landscape maintenance requirement along Highway 111. In light of the
215
fact that the City Council did not authorize releasing the security for the bike path
or releasing Thomas Enterprises from the obligation to construct the bike path, the
Council could decline to amend the Agreement and take the position that the
property owner is still subject to the obligation despite the release of the letter of
credit.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the First Amendment to the Site Development Maintenance
Agreement with Fourth Quarter Properties XLIII, as Successor in Interest to
111 Venture, LLC, subject to any minor revisions deemed necessary by the
City Attorney and authorize the City Manager to sign the amendment; or
2. Do not approve the First Amendment to the Site Development Maintenance
Agreement with Fourth Quarter Properties XLIII, as Successor in Interest to
111 Venture, LLC, and do not authorize the City Manager to sign the
amendment; or
3. Provide staff with alternative direction.
Respectfully submitted,
Timothy R. Jonpon,E. (J
Public Works Dy Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1 . Sheet 2 of 4 of Parcel Map 29351
2. Site Development Maintenance Agreement with 111
Venture, LLC
3. First Amendment to the Site Development Maintenance
Agreement with Fourth Quarter Properties XLIII, as
Successor in Interest to 111 Venture, LLC
216
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Recording Requested By
First American TO Company
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
City of La Quints
Attn: June S. Greek, City Clerk
P. M Box 1504
La Quints, CA 92253
®7,09,20U Oa:OeA Pse:NC
Paps 1 of 12
Recorded in Official Records
County of Riverside
Gary L. Ores
I Assessor, County Clerk & Recorder
11111111111111
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SITE DEVELOPMENT MAINTENANCE AGREEMENT
This Site Development Maintenance Agreement ("Maintenance Agreement") is made and
entered into asofNovember 5, 2002, by and between the City ofLa Quints, amunicipal corporation,
C'City') and i l I Venture, LLC, a California Limited Liability Company ("Owner').
RECITALS
WHEREAS, Owner is the weer of real property known as parcels 10,11, and 12 of parcel
Map 29351 as described more pm ticularly in Exhibit A ("Properly'l which is located within a
project entitled "La Quints Corporate Centre" on approximately 11.79 acres north of Highway 111
between Adams Street and La Quints Drive in the City of La Quinta, California C LQCC Project").
WHEREAS, the LQCC Project was approved as part of Specific Plan 99-036 ("Specific
Plan'), which established the development standards and design guidelines for a 332,400 sq. 11.
mixed commercial and business park. A copy of said Specific Plan is attached hereto as Exhibit B.
WHEREAS, the City imposed as conditions of approval upon the LQCC Project the
requirements, as described in the Specific Plan, that the Owner shall install certain on -site
improvements and landscaping, including a bike path, and make provisions for the continuous,
perpetual maintenance of perimeter landscaping and the bike path until such time as the Owner is
expressly released from such responsibilities by the appropriate agency, at the agency's sole
discretion.
WHEREAS, Owner has provided the City with a faithful performance and material bond
to guaranty the construction of the perimeter landscaping along the Highway I I 1 corridor and the
bike path in the amount shown in Exhibit C. The location of the perimeter landscaping along the
Highway I I I corridor and the bike path that the City has required the Owner to install and
maintain is described in Exhibit D attached hereto. Owner has entered into an agreement to sell
Page 1 of 8
SiWMV.IMaW Agm1"1-02.wO 218
the Property, which is scheduled to close escrow on or about December 13, 2002. The City and
Owner agree that if Owner transfers title to the Property to a new owner, the Owner shall be
responsible to ensure that the new owner provides new performance and material bonds in place
of the bond provided by Owner and, upon providing sufficient evidence of the same to the City,
the City shall release Owner's bond(s).
AGREEMENT
NOW THEREFORE, in consideration for the approval by the City of the LQCC Project
and for other good and valuable consideration, the parties hereto agree as follows:
JUMoration of Recitals. The introductory paragraph and each of the above
RECITALS are incorporated herein as part of the teens of this Maintenance Agreement.
Ohlivgafrons of Owner. Owner agrees to install and maintain perimeter landscaping and a
bike path on the Property in accordance with the provisions of Specific Plan 99-036.
Obligations Running with the Prooetv_. City and Owner intend and agree that should any
right, title or interest in and to the Property, or any portion or part thereof; be sold or otherwise
conveyed or transferred, that the obligations set forth in this Maintenance Agreement shall
automatically become the obligations of the new title or interest holder(s). Accordingly, the
parties agree that the obligations set forth in this Maintenance Agreement shall burden the
Property and bind Owner's heir, successors, and assignees of any or all right, title, and interest in
and to the Property, and the covenants contained herein shall run with the Property for the benefit
of each and every property located in the City of La Quints, California. This Maintenance
Agreement shall, have the signature of the Owner acknowledged before a Notary Public and be
recorded with the Riverside County Recorder's Office.
12t1t. In the event that Owner or any such successor fails to comply with the terms of
the Mainteriance Agreement, the City may serve or mail to Owner, or to any such successors) in
interest, and post on the Property a sixty (60) day written Notice of Default, which notice shall
specify the nature of the definult(s) and provide sixty (60) days to cure. In the event that Owner
or its successor(s) in interest fail to cure the specified default(s) within the time provided, the City
may, at its option, immediately take steps to cure the specified default(s) by curing the defhuh(s)
itself or hiring private contractors) to cure the default(s), and by imposing alien against the
Property for these costs.
$elease of Performance Bond. Upon completion and approval of the improvements as
described herein, the City shall release any faithful performance and material payment bonds or
other security provided by Owner heretofore required by the City for the completion of these
improvements. Notwithstanding�e foregoing, in the event that Owner sells or transfers title to
the property prior to completion o�f these improvements, the Owner will be required to ensure that
Page 2 of 8
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219
the new owner provides new bond s) to replace those faithful performance and material payment
bonds or other security heretofore vided by Owner for the completion of the improvements as
described herein. Once the new t ond(s) have been provided by the new owner, the City shall
release those bonds previously pro I tided by Owner.
reta 'on. The terms c f the Maintenance Agreement shall be construed in accordance
with the meaning of the language md and shall not be construed for or against either parry by
reason of the authorship of this H tintenance Agreement or any other rule of construction which
might otherwise apply.
Integgrtion. Amendmentt is understood that there are no oral agreements between the
parties hereto affecting this Mainte ce Agreement and this Maintenance Agreement supercedes
and cancels any and all previous n gotiations, arrangements, and understandings, if any, between
the parties relating to the maintenance of perimeter landscaping, sidewalks, access drives, parking
lots, storm drainage improvements including, outfalls to the La Quinta Flood Evacuation Channel,
and the required public improvements to the Property, and no oral agreements, previous negotiations,
arrangements or understandings shall be used to interpret this Maintenance Agreement. This
Maintenance Agreement may be amended at any time by the mutual consent of the parties, or their
successor(s) in interest, only by an instrument in writing recorded with the Riverside County
Recorder's Office.
Seymbilily. In the event that any part of this Maintenance Agreement is declared invalid
or unenforceable, such invalidity or unenforceability shall not affect any of the remaining portions
of this Maintenance Agreement which are hereby declared as severable and shall be interpreted to
carry out the intent of the parties hereunder unless the invalid provision(s) is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders the Maintenance
Agreement meaningless.
P&Wrate Authority. The persons executing this Maintenance Agreement on behalf of the
parties hereto warrant that (i) such party is duly organized, and existing, (ii) they are duly authorized
to execute and deliver this Maintenance Agreement on behalf of said party, (iii) by so executing this
Maintenance Agreement, such party is formally bound to the provisions of this Maintenance
Agreement, and (iv) the entering into this Maintenance Agreement does not violate any provision
of any other agreement to which said party is bound.
Coon rparts. This Maintenance Agreement maybe executed in counterparts, each ofwhich
shall be deemed an original, but all of which shall constitute one and the same instrument.
Binding Effect. This Maintenance Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective representatives, successors, and assignees; provided,
however, the foregoing shall not be deemed or construed to confer any right, title, benefit, cause of
action or remedy upon any person or entity not a party hereto, which such party would not nor did
not otherwise posses.
Page 3 of 8
sioDw.��.r",-0r. IIIIIIINIIIIIIIIIiIIIIIIIIII IINIIIIINIinI 07W89A
Attorneys' Fees. If any party to this Maintenance .Agreement, or their successors in
interest, is required to initiate or defend or is made a party to any action or proceeding in any
way connected with this Maintenance Agreement, the prevailing party in such action or
proceeding, in addition to any other relief which may be granted, whether legal or. equitable,
shall be entitled to reasonable attorneys' fees, whether or not the matter proceeds to judgment.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement
as of the date first written above.
THE CITY OF LA QUINTA
STANLEY SRrPF, Igayor P
City of La Quinta, Cali is
A
STATE OF CALIF )
ss.
County of Riverside )
Owner: 111 Venture, LLC, a California
limited liability company
By: SCS Family Limited Partnership, a
eva a LimIten FarTn-e-r-8h1-P-,—Xffn-ager
kK By: Woodpark Development Company,
nc. a ifornia Corporation
Its:
Scotr 6ayfi4f,President
ACKNOWLEDGMENT
On t2before me,p��ly app�d,[ I
the person whose name is suo the withinhis authorized capacity, and ts ignature cperson acted, executed the in.
WITNESS my hand
on
to me
Notary Public
Page 4 of 8
1c for said State,
r2ory evidence to be
INII�NIII�IIIUI�IIIIII�NIIIIIH�I 07,aOA
of 12
221
State of California
County of (Riverside
On it / 6 �''�- before me, Phyllis Manley, Notary Public, personally
appeared Scott Gaynor , personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person
or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal. (Seal)
E3-597395
II�IIII��111111111lilt11111 97, . 5of le 222'
(PROPERTY DESCRIPTION
Parcels 10, 11 and 12 as shown by Parcel Map No. 29351, on file in Book 197, pages 33
through 36 of Parcel Maps, Records of Riverside County, California.
Page 5 of 8
8 or le
'223
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EXHIBIT B
(SPECIFIC PLAN 99-036)
Specific Plan 99-036 (La Quints Corporate Centre) as approved by the City Council of
the City of La Quints California on September 1, 1999, and as amended on Jun 4, 2002 by the
City Council of La Quinta California.
Page 6 of 8
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EXHIBIT C
(PERFORMANCE AND MATERIAL BOND(S))
Libol & Performance
Material Bond Bond
Perimeter Landscape $141,880 $141,880
Bike Path $-0- $28,000
Total $141,880 $169,880
Page 7 of 8
Site Mv. Memt. Avw 1OD1.02.wpd
225
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EXHIBIT D
(DESCRIPTION OF PERIMETER LANDSCAPING)
STTE DSVBLOPMEM[MMNTENANCE AGRUMW T
Page 8 of 8
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PPLT Vito LOCAL LOT -SPLIT 01 61tolk SITE MIAANCES. CIP OF LA QUINTA
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ATTACHMENT 3
AFTER RECORDING THIS INSTRUMENT
SHOULD BE RETURNED TO:
Kerri L. Miller, Esq.
Cushing, Morris, Armbruster & Montgomery, LLP
229 Peachtree Street NE
International Tower, Suite 2100
Atlanta, GA 30303
FIRST AMENDMENT TO SITE DEVELOPMENT MAINTENANCE AGREEMENT
This FIRST AMENDMENT TO SITE DEVELOPMENT MAINTENANCE
AGREEMENT ("First Amendment") is made as of the _ day of 2008, by the
CITY OF LA QUINTA, CALIFORNIA, a California Charter city ("City"), and Fourth Quarter
Properties XLIII, as successor in interest to I 1 VENTURE, LLC ("Owner").
RECITALS
WHEREAS, the City and Owner desire to amend the SITE DEVELOPMENT
MAINTENANCE AGREEMENT dated November 5, 2002 (the "Maintenance Agreement")
recorded on July 8, 2003 as Document Number 2003-507395, Official Records of the County of
Riverside, California to account for the release and termination of Owner's obligation to build
and maintain a bike path, as set forth herein (capitalized terms not otherwise defined herein have
the meaning used in the Maintenance Agreement).
NOW THEREFORE, Owner and City hereby declare that the Maintenance Agreement is
hereby be amended as follows:
1. The following sentence is added to the end of the second paragraph of 'he
Recitals:
The City has released Owner from all obligations in the Maintenance
Agreement relating to the construction and maintenance of the bike path.
Owner's maintenance obligations pertaining to the perimeter landscaping
shall continue until released in accordance with this Maintenance
Agreement.
2. The First Paragraph of the Maintenance Agreement, entitled Obligations of
Owner, is hereby deleted in its entirety and replaced with the following:
Owner agrees to maintain the perimeter landscaping.
[Signatures on Following Pages]
(00126329: v.)
230
IN WITNESS WHEREOF, this First Amendment has been executed by City and Owner in the
manner and form sufficient to bind them as of the date first written above.
FOURTH QUARTER PROPERTIES XLIII,
LLC, a Georgia limited liability company
By. —
Stanley E. Thomas, Manager
1P
STATE OF
COUNTY O/F����// oujE>A
On der ,15—, 2008, before mea Notary Public in
and for said County and State, personally appeared Stanley E. Thomas, Manager of Fourth
Quarter Properties XLIII, LLC, personally known to be (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
Witness my hand and official seal.
(j>URUyrun uc \® `` %j1llU//fP/ '
J ®e
iCity signature page follows]Liu
',*I s' a 11 e t w`�e`�.
(00110 2?: V:, 231
THE CITY OF LA QUINTA
By:
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On _, 2008, before me, , a Notary Public
in and for said County and State, personally appeared personally known to be
(or proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
Witness my hand and official seal.
Notary Public
".1 232
(00126329: v:)
AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: December 2. 2008
BUSINESS SESSION:
ITEM TITLE: Discussion of Design Concepts for New
Fire Station 32 and the Corporate Yard CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Provide staff with direction regarding the provided conceptual design options for Fire
Station 32;
Provide staff with direction with regards to seeking LEED certification for the station;
Provide staff with direction regarding AMR's request to place a temporary trailer at the
corporate yard/fire station site.
FISCAL IMPLICATIONS:
None with this action. Costs associated with the construction of the station are
estimated at $3.6 million. The cost associated with certifying the building through the
LEED process is $58,700.
CHARTER CITY IMPLICATIONS:
None. Due to the funding mechanism being used to construct the project, (the City's
Fire Tax Credit with the County) the City Attorney has determined that the station will
have to be bid as a prevailing wage project.
BACKGROUND AND OVERVIEW:
On August 5, 2008, the City Council awarded a contract to Dominy and Associates
Architects for the design of the new Station 32 fire station. Provided in Attachment 1
on pages 4-7 are elevations of two distinct conceptual designs which have been
designated as Scheme A and Scheme B.
Both Schemes can accommodate the floor plan which has been provided on page 3
of the Attachment. The proposed floor plan has been developed in conjunction
233
with CDF staff in an effort to maximize function and efficiency.
Provided on pages 1 and 2 of the Attachment is the proposed site plan for the
project.
The base Professional Services Agreement (PSA) with Dominy and Associates includes
designing the station with the necessary components to attain a LEED Silver
certification. If the City decides to pursue the actual certification through the U.S.
Green Building Council (USGBC), the PSA contains an option for the design team to
receive an additional $56,500 to provide the necessary documentation for certification.
In addition to the design team fee, the USGBC fee is $ 2,200 for a total certification
cost of $58,700.
Based on previous direction from the City Council, staff contacted American Medical
Response (AMR) to discuss their desire to establish a facility in the Village area for an
ambulance and associated personnel. The AMR representative indicated that they
were not interested in having a permanent structure (either stand alone or part of the
new fire station) but rather were interested in placing a temporary trailer at a site that
had access to water, power, and sewer. If so directed by the City Council, such
accommodations would be included in the design, possibly utilizing one of the Phase II
building pads for the temporary AMR trailer. It should be noted that AMR's request for
the trailer is primarily for the benefit of the ambulance personnel and not for the
purpose of enhancing response times. The ambulance already stages in the Village
area under the company's response strategy. The trailer would provide certain
conveniences to the medics while waiting to be dispatched.
Construction is anticipated to begin in mid-2009 and completion of the station is
projected for early 2010.
Dominy and Associates, fire department, and City staff will be present at the Study
Session to answer any questions the City Council may have.
Respectfully submitted,
Tom Hartung, Director of Building & Safety
Approved for submission by:
/d/Zero
Thomas P. Genovese, City Manager
234
Attachment: 1 : Booklet containing conceptual site plans, floor plan
and exterior elevations
. 235
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REPORTS & INFORMATIONAL ITEMS: I7
COMMUNITY SERVICES COMMISSION
MINUTES
October 13, 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 Darroch led the audience in the Pledge of Allegiance.
PRESENT: Commissioners Biegel, Brodsky, Darroch, Fitzpatrick, Gassman, Quill,
Chairperson Leidner
STAFF PRESENT: Edie Hylton, Community Services Director; Steve Howlett, Golf
& Parks Manager; and Angela Guereque, Senior Secretary
PUBLIC COMMENT - None.
CONFIRMATION OF AGENDA
Motion - It was moved by Commissioners Gassman/Biegel to confirm the agenda.
Motion carried unanimously.
PRESENTATIONS - NONE.
APPROVAL OF MINUTES
1. Approval of September 8, 2008 Minutes
Motion - It was moved by Commissioners Gassman/Fitzpatrick to approve the
minutes as submitted. Motion carried unanimously.
2. Approval of October 4, 2008 Minutes
Commissioner Brodsky noted that his absence was excused.
Commissioner Fitzpatrick stated that on page 10, under Monticello Park, the rocker
foundation is a safety item. She also stated on page 10, under Centre Pointe Park,
the decision was made to install the benches in the original location.
. = i ,,,, 248
Community Services Commission Minutes October 13, 2008
-2-
Motion — It was moved by Commissioners Gassman/Fitzpatrick to approve the
minutes as corrected. Motion carried unanimously.
CONSENT CALENDAR - None.
PUBLIC HEARING - None.
BUSINESS ITEMS
1. Consideration of Revisions to the Park Naming Policy
Director Hylton presented the staff report.
Commissioner Gassman suggested part of the criteria for Living persons be age and
length of residency. She also suggested moving Donors as a separate entity.
Commissioner Brodsky stated he is against naming parks after living people.
Commissioner Fitzpatrick suggested there be flexibility with donations being able to
use a family name. She also suggested removing the first part of the Living
persons criteria.
Commissioner Biegel suggested moving Living persons to the bottom.
Commissioner Quill suggested putting Donors separately above Living persons.
Chairperson Leidner suggested moving Donors in front of Living persons.
Motion — It was moved by Commissioners Biegel/Gassman to recommend revisions
to the Park Naming Policy to City Council. Motion carried with Commissioner
Brodsky opposing.
2. Consideration of Alternative Fireworks Event
Director Hylton presented the staff report.
Commissioner Biegel asked how much the partnership with Indio would be.
Director Hylton stated there has not been a suggested amount.
Commissioner Quill suggested the fireworks event be held at the Civic Center
Campus for the 30`h Anniversary. She also suggested the City partner with the
City of Indio for $5,000 and promote it through the City of La Quinta.
Commissioner Fitzpatrick suggested having the fireworks event for the 301h
Anniversary.
244
Community Services Commission Minutes October 13, 2008
-3-
Commissioner Brodsky agreed that this is not the time to be spending money on a
fireworks show.
Commissioner Gassman suggested having the fireworks event for the 30"
Anniversary. She also suggested donating to the soldiers of 29 Palms.
Commissioner Darroch agreed that the 301" Anniversary would be a good time to
have the fireworks event.
Motion - It was moved by Commissioners Fitz patrick/Biegel to direct staff to put
the fireworks event on hold and plan it for the 301" Anniversary. Motion carried
unanimously.
3. Consideration of a Commissioner to Attend the CPRS Conference in Santa
Clara, California from March 3 to 6, 2009.
Director Hylton presented the staff report.
Commissioner Gassman suggested Commissioner Quill attend the conference.
Motion - It was moved by Commissioners Fitzpatrick/Gassman to select
Commissioner Quill to attend the California Parks and Recreation Society's Annual
Conference in Santa Clara, California from March 3 to 6, 2009. Motion carried
unanimously.
STUDY SESSION
1. Joint Meeting Discussion Items
Director Hylton presented report.
Commissioner Gassman agreed with the items listed and would like to add the
Commissions continued interest in supporting Arts and Culture.
Commissioner Fitzpatrick stated there are challenges with the Whitewater Channel
and would like to see the City move forward with the improvements to the cove
trails. She stated her preference to Seasons Retention Basin or the top of the Cove
for the off leash dog park.
Director Hylton stated the Design Plan for the Whitewater Channel and the
improvements to the Cove Hiking Trails and the Fred Wolff Bear Creek Nature
Preserve will be switched in order of discussion.
245
Community Services Commission Minutes October 13, 2008
-4-
Commissioner Fitzpatrick suggested Chairperson Leidner bring statistics regarding
Sports Associations to the meeting.
DEPARTMENT REPORTS
Monthly Department Report for August 2008
Commissioner Gassman asked what the Homeowners/Renters service is on page
32. Director Hylton stated it is a free service that the Senior Center provides for
applicants to apply to the State for tax breaks.
Commissioner Gassman stated she participated in the cove clean up and wondered
what the missing plaque was. Mr. Howlett stated it was a CVWD plaque that was
stolen.
2. Monthly Department Report for September 2008
Commissioner Quill asked if there is any word on the Bronze Relief Map. Director
Hylton stated Sandy Swan is working on a proposal for replacement.
COMMISSIONER ITEMS
1. Reports from Commissioners Regarding Meetings Attended.
Commissioner Quill attended the Fiesta Luncheon.
Commissioner Gassman attended the First Friday for October.
2. Calendar of Monthly Events
Commissioner Quill asked if there are any Veterans signed up. Director Hylton
stated there are 19. She asked what time the Trails Day stargazing will be.
Director Hylton stated that it should be at 6pm.
Commissioner Brodsky stated that the annual American Cancer Society Relay for
Life will be held at La Quinta High School at 12 noon on November 1 through 12
noon on November 2.
OPEN DISCUSSION
Commissioner Gassman gave corrections to the Marketing Plan to Hylton.
Commissioner Quill
commented
that if someone had an emergency
while on the
Bear Creek Trail,
they would
not know where to tell 911 they
were. She
suggested markers
be placed on
the sidewalks to let people know
what streets
246
Community Services Commission Minutes October 13, 2008
-5-
they are at. Mr. Howlett stated staff would discuss it with the Police and Fire
Departments.
Commissioner Fitzpatrick stated that the City Council approved the Pioneer Park
name and suggested the first standard park sign be placed there. Director Hylton
stated that staff will be looking at a standard design for the park signs.
ADJOURNMENT
It was moved by Commissioners Brodsky/Biegel to adjourn the Community Services
Commission meeting at 6:44 p.m. Motion carried unanimously.
NEXT MEETING INFORMATION:
A Regular Meeting of the Community Services Commission to be held on November
17, 2008 commencing at 5:30 p.m. in the City of La Quinta Study Session Room,
78-495 Calle Tampico, La Quinta, CA 92253.
Submitted by:
W
Angela AGuereque
Community Services Senior Secretary
247
Department Report: I— A
c&t!t 4
yOFTt�
TO: The Honorable Mayor and Members of the City Council
FROM: Bret M. Plumlee, Assistant City Manager, Management Services*
DATE: December 2, 2008
SUBJECT: Department Report — Response to Public Comment
The following public comment was made at the November 18, 2008 City Council
meeting:
1. Kenneth Doran, 45-495 La Flor Lane, spoke regarding the contract extension
with La Quinta Palms Realty, the property managers for the city's affordable
housing. He asked Council to consider putting the contract back out for bid
instead of extending the existing contract.
248
Department Report: /-0
�11
a,
10
TA
M OF TtSF
TO: The Honorable Mayor and Members of the City Council
FROM: Bret M. Plumlee, Assistant City Manager -Management Services /
DATE: December 2, 2008
SUBJECT: Department Report Regarding AB 32 and SIB 375
The following report summarizes both the AB 32 (Nunez) Air pollution;
greenhouse gases: California Global Warming Solutions Act of 2006, and SB
375 (Steinberg) Transportation Planning; Travel Demand Models, Sustainable
Communities Strategy, Environmental Review.
AB 32
AB 32 mandated the California Air Resources Board (CARB) to determine
what the statewide greenhouse gas (GHG) emissions level was in 1990 in
order to use this level as the statewide emissions limit that must be reached
by the year 2020. CARB was also mandated to adopt regulations requiring
the reporting and verification of statewide greenhouse gas emissions, which
included: monitoring and annual reporting of sources (or category of sources)
that contribute the most emissions statewide; accounting for the total annual
emissions of GHG in the state, including all emissions from the generation of
electricity delivered to and consumed in the state; and ensuring "rigorous
and consistent" GHG emission accounting.
Early action reduction measures for reducing GHG emissions were to be
published on or before June 30, 2007, and the rules implementing the
measures will be enforceable by January 1, 2010. CARB must also prepare
and approve a scoping plan for achieving the statewide GHG emission limit
by 2020 (which must be updated every 5 years), and adopt GHG emission
limits and reduction measures to achieve the "maximum technologically
feasible and cost-effective" reductions in GHG emissions, which are to
become operative on January 1, 2012. In doing so, CARB must consider the
impact on low-income communities, credit for early voluntary reductions,
and cost effectiveness and ensure that the regulations direct investment
1 ��
toward disadvantaged communities and provide opportunities for small
businesses, schools, and other community institutions to benefit from GHG
emissions reduction efforts.
M-41C�N7
SB 375 provides additional legislation necessary to assist in the
implementation of AB 32 as it relates to land use and transportation. SB
375 consists of three goals: 1) utilize the regional transportation planning
process to assist with achieving applicable AB 32 goals, 2) use California
Environmental Quality Act (CEQA) streamlining as an incentive to encourage
residential development that helps achieve AB 32 goals, and 3) to coordinate
the regional housing needs allocation process with the regional transportation
planning process. The bill applies to the state's 17 metropolitan planning
organizations. Encompassed in the first section of this bill (GHG planning) is
the establishment of a target committee to advise CARB; a plan to achieve
the target(s); specific outreach to local elected officials; stakeholder and
public participation; acceptance of the sustainable communities strategies
(SCS) by CARB; no mandatory allocations; regional housing needs
assessment consistency; general plan consideration; and environmental
resources.
The second section of the bill (CEQA benefits for consistency with GHG
target) essentially focuses upon two types of exemptions; one for residential
projects consistent with an SCS and the other for transportation priority
projects that is also consistent with an SCS. A residential or mixed -use
project consistent with the land use designation, density, building intensity,
and an SCS is not required to address growth inducing impacts nor project
specific or cumulative impacts from cars or light -duty truck trips. In
addition, three types of CEQA streamlining are provided for transit priority
projects.
The final section focuses upon eliminating the longstanding disconnect
between the Regional Transportation Plan (RTP) and the Regional Housing
Needs Assessment (RHNA) by requiring the RHNA plan to be consistent with
the projected development pattern used in the RTP. There are two
significant changes that help address this. First, housing elements must be
updated every 8 years rather than the traditional 5 year update. Second, the
RHNA concept of "fair share" will change to be consistent with the RTP and
the development pattern identified in the SCS.
It is noted that if state policy is going to encourage compact development,
how to fund infill infrastructure must be revisited. Also, the bill does not
include any funding for these efforts.
250
DEPARTMENT REPORT: , -A
La Quinta Public Library Quarterly Report
July 2008—September 2008
Circulation
The La Quinta Public Library circulated 54,554 items in the First Quarter of 2008/2009. This is
an increase of 24,536 items over the same period in 2007/2008, which is an increase of 55
percent.
Public Computer Usa¢e
During this quarter, 9,138 computer sessions were logged on the library's 28 public access
computers.
Door Count
This quarter 37,823 people visited the library to check out materials, read newspapers and
magazines, utilize the Internet service, attend programs, and purchase books from the Friends of
the Library Book Store.
New Borrowers
In the period between July 15` and September 30`h the staff issued 1,016 new library cards.
Seventy-seven of these cards were for "Internet Only" (Internet Only library cards are issued to
tourist and short-term visitors who use the library to connect with work, family, or to check
travel arrangements).
Programmine
A Preschool Storytime for children 3'/2 to 5 years old was held eight Tuesday mornings during
the quarter. A total of 336 children attended.
A weekly On -the -Lap Storytime Program for parents with babies and toddlers was held prior to
the Preschool Storytime. Eight programs were attended by 440 participants.
Our nighttime story program targets the working family looking for a literature based program
that fits into their busy schedule. Eight programs were presented with 188 participants.
The La Quinta Library Book Discussion Club for adults met the first Monday of each month this
quarter. The three monthly programs were attended by a total of 27 people.
Volunteers
During this quarter 42 volunteers donated 529 hours of time. Volunteers worked in the book
store, shelved returned books in the library, helped with programs, and performed a myriad of
other tasks in the library.
Friends of the Library
The La Quinta Friends of the Library continue to offer support in all areas. This quarter they
purchased incentives for the Summer Reading Program and hosted the July "Thursday at Three"
series of programs for families with school age children.
251
La Quinta Public Library Quarterly Report
July 2008—September 2008
Special Annual Events
This year's Summer Reading Program with its special bug theme of "Catch the Reading Bug @
the Library" began in June and continued through August. This year 477 children registered to
participate --a 52% increase over the summer of 2007. Registered children had the option of
signing up for either the Reading Incentive Program which charts the time children spend
reading or the Books We Shared Program which records books read aloud to the child. The
Reading Incentive Program showed an increase of 362% in the hours read by the children; the
number of books which were read out loud to a child in the Books We Shared Program jumped
by 619Yo.
The library held four programs with performers for our "Thursday at Three" series aimed at
school -age children and drew 535 people. In addition to the performers, the library held one arts
and craft program with 63 participants.
Outreach to Schools
A program called Poetry Break began at Adams Elementary School at the end of the last school
year and resumed in September. Using poetry as a vehicle, library staff makes a brief weekly
stop in each classroom. The program promotes library services and increases library visibility in
the community. During September, 14 class visited the visits. The library also provided
reference and library -use training for all fifth grade students from Benjamin Franklin Elementary
School. One hundred thirty-six children took part in the training.
252
Estimated La Quinta Library Expenditures
July 1 — September 30, 2008
Library Contract Expenditures
LSSI Expenditures $119,576
Library Materials 31,918
Share of Databases 11.005
$162,499
Selected County Expenditures
Personnel
$2,152
Insurance
9,468
Memberships
0
Miscellaneous Expense
104
Accounting Costs
360
Travel and Conference
44
County Support Services
16,076
$28,204
TOTAL LA QUINTA EXPENDITURES $190,703
253
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COUNCIL/RDA MEETING DATE: December OZ, 2008 AGENDA CATEGORY:
ITEM TITLE: Public Hearing to Consider Adoption of a BUSINESS SESSION:
Resolution Regarding Tentative Map 36058-R (RA CONSENT CALENDAR:
2008-005), a Reversion to Acreage to Consolidate
Parcel Map 34855. Applicant: Stantec Consulting, Inc. STUDY SESSION:
for Stamko Development Co. PUBLIC HEARING:
RECOMMENDATION
Adopt a Resolution of the City Council approving Reversion to Acreage 2008-005 by
means of Tentative Map 36058-R.
FISCAL IMPLICATIONS
Ik1G7"
CHARTER CITY IMPLICATIONS
None.
BACKGROUND AND OVERVIEW
The Centre at La Quinta Specific Plan 97-029 was originally approved on July 15,
1997 under Resolution, No. 97-64. On October 18, 2005, the City Council approved
Specific Plan 97-029 Amendment No. 4, which amended vehicular circulation, access,
and drainage retention provisions involving the subject property. Tentative Parcel Map
34855 was approved in a Director's Hearing on September 20, 2006, which created
the current parcel configuration of the subject property. The final Parcel Map 34855
was later approved by the City Council on November 20, 2007 and recorded on
December 26, 2007 (Attachment 1). On July 10, 2007, the Planning Commission
approved Site Development Permit 2007-891, consisting of a JC Penney department
store, the surrounding parking lot, and landscaping. The Site Development Permit
approval was appealed and upheld by the City Council on July 17, 2007.
255
Prior to approval of the JC Penney Site Development Permit, the property was mass -
graded, a partially -completed retention basin was constructed at the southeast corner
of the property, and a portion of roadway was constructed south of the Auto Center
Drive roundabout. Following approval of JC Penney Site Development Permit, the
subject property was again graded and excavated for two future underground retention
basins approved for that project, which also includes material stockpiling in the
northeast section of the property.
Although building plans were submitted and reviewed by staff to construct the JC
Penney Department Store, the development of the project has been placed on hold at
the applicant's request. The JC Penney Site Development Permit is valid until July 17,
2009, unless a time extension is applied for and granted by the Planning Commission.
The applicant has not disclosed any future development plans for the subject property.
Parcel 1 of Parcel Map 28525-2, located immediately to the northwest of the subject
property, is the location of a proposed car dealership approved under Site Development
Permit 2004-821 . Earlier this year, a one-year time extension for the project was
granted by the Planning Commission, extending the expiration date to September 9,
2009. No construction plans for the dealership have been submitted to the Building
and Safety Department at this time.
Project Request
The proposed Reversion to Acreage will undo the existing 13 parcels and lettered lots
created under Parcel Map 34855 into a single parcel with three lettered lots
(Attachment 2). The applicant has identified the existing improved portion of Auto
Centre Way South and property along Adams Street to be dedicated as public rights -
of -way. The portion of property along Adams Street is intended to be used as a future
deceleration lane leading into the property, as previously identified on the approved JC
Penney Site Development Permit. Any bonding or assurances for physical
improvements required under Parcel Map 34855 will be absolved with the approval
and recording of this Reversion to Acreage.
ANALYSIS
The applicant is proposing to revert the existing parcel map into acreage, a process
which erases all parcel lines and revert the overall site into a single property. The
approval and recordation of this map would release the developer from the conditions
of approval and required improvements under Parcel Map 34855 unless otherwise
conditioned as a part of this map.
As the approved JC Penney Site Development Permit 2007-891 is still active but
contingent upon the conditions of approval from Parcel Map 34855, the applicant will
be required to obtain approval and record a new tentative parcel map for this property
in order to proceed with the construction of the department store as currently entitled.
256
Because the site has been graded multiple times, and with the stockpiling of material
along with the temporary retention ponds, dust control measures will continue to be
required under PM-10 air quality rules. These measures include the use of green -
screen temporary construction fencing and the application of soil stabilizer on the
property. These types of dust control methods are typically interim measures which
are taken until the completion of a project's construction, but without an approved
project, the dust control will continue on this property for an indefinite period of time.
Both the South Coast Air Quality Management District and Public Works report that
there are no current or outstanding PM-10 dust control compliance issues on the
project site.
California Environmental Quality Act
The La Quinta Planning Department has determined that this project is exempt from
environmental review pursuant to Section 15305 (Class 5c) of the California
Environmental Quality Act in that the proposed reversion to acreage constitutes a
minor alteration in land use which does not result in any changes in land use or
density and is consistent with the current General Plan policies, zoning regulations,
and zoned land use.
Planning Commission Action
The Planning Commission considered the Reversion to Acreage request at its meeting
on November 12, 2008 (Attachment 3). Discussion during the meeting focused on the
grading of the property and the dust control measures in effect. Two Lake La Quinta
residents voiced concerns during the hearing with dust control measures from vacant
properties surrounding their neighborhood but did not voice an objection to the
proposed action. The Planning Commission unanimously recommended approval of the
Reversion to Acreage to the City Council under Resolution 2008-032.
FINDINGS AND ALTERNATIVES
Findings necessary to approve the Reversion to Acreage are included in the attached
resolution and ordinance.
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council approving the Reversion to Acreage; or
2. Do not approve the Resolution; or
3. Provide staff with alternative direction.
257
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1 . Parcel Map 34855
2. Reversion to Acreage Tentative Map 36058-R
3. Draft Minutes of the November 12, 2008 Planning
Commission Hearing
258
RESOLUTION 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING TENTATIVE MAP
36058-R, A REVERSION TO ACREAGE TO
CONSOLIDATE PARCEL MAP 34855
CASE NO.: REVERSION TO ACREAGE RA 08-005 (36058-R)
APPLICANT: STANTEC CONSULTING
WHEREAS, The City Council of the City of La Quinta, California, did
on the 2nd day of December, 2008, hold a duly noticed Public Hearing to consider
the request of Stantec Consulting, a Reversion to Acreage to consolidate the land
within Parcel Map 34855 by means of Tentative Map 36058-R, generally located
east of Adams Street, South of Auto Centre Way, and west of La Quinta Drive,
more particularly described as:
PARCEL MAP 34855
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 12`h of November, 2008, adopt Planning Commission
Resolution 2008-032, recommending to the La Quinta City Council approval of
Tentative Parcel Map 36058-R, a Reversion to Acreage (2008-005) of Parcel Map
34855; and,
WHEREAS, said Reversion to Acreage has complied with the
requirements of the "Rules to Implement the California Environmental Quality Act
of 1970" as amended (Resolution 83-63), in that the Planning Department has
determined that the proposed Reversion to Acreage is exempt from CEQA review
under Guidelines Section 15305 (Minor Alterations in Land Use Limitations); and,
WHEREAS, the Planning Department published the public hearing
notice in The Desert Sun newspaper on the 21" day of November, 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 the
staff report, staff presentation, all project exhibits, and testimony and arguments, if
any, of all interested persons wanting to be heard, said City Council did make the
following mandatory findings recommending approval of said Reversion to Acreage:
Finding A — All owners of an interest in the real property within the subdivision
have consented to reversion.
259
Resolution 2008-
Reversion to Acreage / Tentative Map 36058-R
Stamko Development Co.
December 2. 2008
Page 2 of 3
The property owner, Stamko Development Co., is the sole owner of the real
property in question and has requested this reversion to acreage.
Finding B — None of the improvements required have been made within two years
from the date the final or parcel map was filed for record, or within the time
allowed by agreement for completion of the improvements, whichever is the later.
Parcel Map 34855 was recorded by the County of Riverside on the 26th day of
December, 2007. The applicant has not made any of the required improvements
under Parcel Map 34855.
Finding C — No lots shown on the final or parcel map have been sold within five
years from the date such map was filed for record.
None of the properties identified on Parcel Map 34855 have been sold or
transferred to another property owner since the recordation of the map on
December 26, 2007. Stamko Development Co. is the sole owner of the properties
and has been since the recordation of Parcel Map 34855.
Finding D — The dedications or offers of dedication to be vacated or abandoned by
the reversion to acreage are unnecessary for present or prospective public
purposes.
The property owner has offered to dedicate "Lot A" and "Lot B" for public street
and public utility purposes. No necessary prior dedications will be abandoned by
the reversion to acreage.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
1. That the above recitations are true and constitute the findings of the City
Council in this case;
2. That the City Council does hereby grant approval of Tentative Map 36058-R,
as referenced in the title of this Resolution, for the reasons set forth in this
Resolution, and subject to the Conditions of Approval as attached.
260
Resolution 2008-
Reversion to Acreage / Tentative Map 36058-R
Stamko Development Co.
December 2. 2008
Page 3 of 3
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council, held on this 2nd day of December, 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
261
RESOLUTION 2008-
CONDITIONS OF APPROVAL - RECOMMENDED
REVERSION TO ACREAGE RA 2008-005 /
TENTATIVE MAP 36058-R
STAMKO DEVELOPMENT
DECEMBER 2, 2008
GENERAL
1 . The applicant agrees to defend, indemnify and hold harmless the City of La
Quinta ("City"), its agents, officers and employees from any claim, action or
proceeding to attack, set aside, void, or annul the approval of this Reversion to
Acreage with associated Tentative Parcel Map, or any Final Map recorded
thereunder. The City shall have sole discretion in selecting its defense counsel.
The City shall promptly notify the applicant of any claim, action or proceeding
and shall cooperate fully in the defense.
2. This Reversion to Acreage with associated Tentative Parcel Map 36058-R, and
any Final Map recorded thereunder, shall comply with the requirements and
standards of Government Code § § 66410 through 66499.58 (the "Subdivision
Map Act") and Chapter 13 of the La Quinta Municipal Code ("LQMC")•
The City of La Quinta's Municipal Code can be accessed on the City's Web Site
at www.la-guinta.org.
3. Prior to the issuance of any grading or construction permit by the City, the
applicant shall obtain any necessary clearances and/or permits from the
following agencies:
Fire Marshal
Public Works Department (Grading Permit, Improvement Permit)
Planning Department
Riverside Co. Environmental Health Department
Desert Sands Unified School District
Coachella Valley Water District (CVWD)
Imperial Irrigation District (IID)
California Regional Water Quality Control Board (CRWQCB)
South Coast Air Quality Management District Coachella Valley
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Conditions Of Approval - Recommended
Reversion to Acreage RA 2008-005
Tentative Map No. 36058-R
Stamko Development
December 2, 2008
The applicant is responsible for all requirements of the permits and/or clearances
from the above listed agencies. When the requirements include approval of
improvement plans, the applicant shall furnish proof of such approvals when
submitting those improvements plans for City approval.
A project -specific NPDES construction permit must be obtained by the applicant
who then shall submit a copy of the Regional Water Quality Control Board's
("RWQCB ) acknowledgment of the applicant's Notice of Intent ("NO]"), prior to
the issuance of a grading or site construction permit by the City.
4. The applicant shall comply with applicable provisions of the City's NPDES
stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater
Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water),
LQMC; Riverside County Ordinance No. 457; and the State Water Resources
Control Board's Order No. 99-08-DWQ.
A. For construction activities including clearing, grading or excavation of
land that disturbs one (1) acre or more of land, or that disturbs less than
one (1) acre of land, but which is a part of a construction project that
encompasses more than one (1) acre of land, the Permittee shall be
required to submit a Storm Water Pollution Protection Plan ("SWPPP").
The applicant or design professional can obtain the California Stormwater
Quality Association SWPPP template at www.cabmphandbooks.com for
use in their SWPPP preparation.
B. The applicant's SWPPP shall be approved by the City Engineer prior to
any on or off -site grading being done in relation to this project.
C. The applicant shall ensure that the required SWPPP is available for
inspection at the project site at all times through and including
acceptance of all improvements by the City.
D. The applicant's SWPPP shall include provisions for all of the following
Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC):
1) Temporary Soil Stabilization (erosion control).
2) Temporary Sediment Control.
'•w 263
Resolution 2008-
Conditions Of Approval - Recommended
Reversion to Acreage RA 2008-005
Tentative Map No. 36058-R
Stamko Development
December 2, 2008
3) Wind Erosion Control.
4) Tracking Control.
5) Non -Storm Water Management.
6) Waste Management and Materials Pollution Control.
E. All erosion and sediment control BMPs proposed by the applicant shall be
approved by the City Engineer prior to any onsite or offsite grading,
pursuant to this project.
F. The approved SWPPP and BMPs shall remain in effect for the entire
duration of project construction until all improvements are completed and
accepted by the City.
PROPERTY RIGHTS
5. Prior to issuance of any permit(s), the applicant shall acquire or confer
easements and other property rights necessary for the construction or proper
functioning of the proposed development. Conferred rights shall include
irrevocable offers to dedicate or grant access easements to the City for
emergency services and for maintenance, construction and reconstruction of
essential improvements.
6. The applicant shall offer for dedication on the Final Map all public street rights -
of -way in conformance with the City's General Plan, Municipal Code, applicable
specific plans, and/or as required by the City Engineer.
7. The public street right-of-way offers for dedication required for this development
include:
A. PUBLIC STREETS
1) Adams Street (Primary Arterial — Option A, 1 10' ROW) — No
additional right-of-way is required for the standard 55 feet from
the centerline of Adams Street for a total 110-foot ultimate
developed right of way except for an additional right-of-way
dedication for future Parcel Map access as shown as Lot "B" on
the Tentative Parcel Map No. 36058-R.
264
Resolution 2008-
Conditions Of Approval - Recommended
Reversion to Acreage RA 2008-005
Tentative Map No. 36058-R
Stamko Development
December 2, 2008
2) Auto Centre Way South, Lot "A" (Collector, 74' ROW) — The
standard total 74-foot ultimate developed right of way shown as
Lot "A" on Tentative Parcel Map No. 36058-R.
8. When the City Engineer determines that access rights to the proposed street
rights -of -way shown on the approved Tentative Parcel Map are necessary prior
to approval of the Final Map dedicating such right-of-ways, the applicant shall
grant the necessary rights -of -way within 60 days of a written request by the
City.
9. The applicant shall create perimeter landscaping/ setbacks along all public rights -
of -way as follows:
A. Adams Street (Primary Arterial) — 20 feet from the R/W-P/L.
B. Auto Centre Way South (Collector Street) — As required by the General
Plan and City Code unless otherwise approved in the Specific Plan.
The setback requirements shall apply to all frontages including, but not limited
to, remainder parcels and sites dedicated for utility purposes.
10. The applicant shall offer for dedication those easements necessary for the
placement of, and access to, utility lines and structures, and drainage basins on
the Final Map.
11. Direct vehicular access along Adams Street, Auto Centre Way South, Auto
Centre Drive and La Quinta Drive are restricted or as otherwise conditioned in
these conditions of approval. The vehicular access restriction shall be shown on
the recorded parcel map.
12. The applicant shall furnish proof of easements, or written permission, as
appropriate, from those owners of all abutting properties on which grading,
retaining wall construction, permanent slopes, or other encroachments will
occur.
13. The applicant shall cause no easement to be granted, or recorded, over any
portion of the subject property between the date of approval of the Tentative
Parcel Map and the date of recording of any Final Map, unless such easement is
approved by the City Engineer.
265
Resolution 2008-
Conditions Of Approval - Recommended
Reversion to Acreage RA 2008-005
Tentative Map No. 36058-R
Stamko Development
December 2, 2008
FINAL PARCEL MAP
14. Prior to the City's approval of a Final Map, the applicant shall furnish accurate
mylars of the Final Map that were approved by the City's map checker on a
storage media acceptable to the City Engineer.
IMPROVEMENT PLANS
As used throughout these Conditions of Approval, professional titles such as
"engineer," "surveyor," and "architect,' refers to persons currently certified or licensed
to practice their respective professions in the State of California.
15. Improvement plans shall be prepared by or under the direct supervision of
qualified engineers and/or architects, as appropriate, and shall comply with the
provisions of Section 13.24.040 (Improvement Plans), LQMC.
16. The following improvement plans shall be prepared and submitted for review
and approval by the Public Works Department. A separate set of plans for each
line item specified below shall be prepared. The plans shall utilize the minimum
scale specified, unless otherwise authorized by the City Engineer in writing.
Plans may be prepared at a larger scale if additional detail or plan clarity is
desired. Note, the applicant may be required to prepare other improvement
plans not listed here pursuant to improvements required by other agencies and
utility purveyors.
A. On -Site Mass Grading Plan 1 " = 40' Horizontal
B. PM10 Plan 1" = 40' Horizontal
C. SWPPP 1" = 40' Horizontal
NOTE: A through C to be submitted concurrently.
Other engineered improvement plans prepared for City approval that are not
listed above shall be prepared in formats approved by the City Engineer prior to
commencing plan preparation.
17. The City maintains standard plans, detail sheets and/or construction notes for
elements of construction which can be accessed via the "Plans, Notes and
Design Guidance" section of the Public Works Department at the City website
266
Resolution 2008-
Conditions Of Approval - Recommended
Reversion to Acreage RA 2008-005
Tentative Map No. 36058-R
Stamko Development
December 2, 2008
(www.la-quinta.orq). Please navigate to the Public Works Department home
page and look for the Standard Drawings hyperlink.
18. The applicant shall furnish a complete set of the mylars of all approved
improvement plans on a storage media acceptable to the City Engineer.
IMPROVEMENT SECURITY AGREEMENTS
19. Prior to the granting of any permits for mass grading, the applicant shall furnish
full security entered into by and between the applicant and the City of La
Quinta, for the purpose of guaranteeing the completion of any improvements
related to this Reversion to Acreage and associated Tentative Parcel Map to
comply with the provisions of Chapter 13.28 (Improvement Security), LQMC.
20. Improvements to be made, or agreed to be made, shall include the removal of
any existing structures or other obstructions which are not a part of the
proposed improvements.
In the event the applicant fails to construct the improvements for the
development, or fails to satisfy its obligations for the development in a timely
manner, pursuant to the approved phasing plan, the City shall have the right to
halt issuance of all permits, and/or final inspections, withhold other approvals
related to the development of the project, or call upon the surety to complete
the improvements.
If the applicant elects to utilize the secured agreement alternative, the applicant
shall submit detailed construction cost estimates for all proposed on -site
improvements for checking and approval by the City Engineer.
At the time the applicant submits its detailed construction cost estimates for
conditional approval of the Final Map by the City Council, the applicant shall
also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the
Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map.
Estimates for improvements under the jurisdiction of other agencies shall be
approved by those agencies and submitted to the City along with the applicant's
detailed cost estimates.
Security will not be required for telephone, natural gas, or Cable T.V.
improvements.
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Conditions Of Approval - Recommended
Reversion to Acreage RA 2008-005
Tentative Map No. 36058-R
Stamko Development
December 2, 2008
MASS GRADING
21. The applicant shall comply with the provisions of LQMC Section 13.24.050
(Grading Improvements).
22. Prior to occupancy of the project site for any construction, or other purposes,
the applicant shall obtain a mass grading permit approved by the City Engineer.
23. To obtain an approved grading permit, the applicant shall submit and obtain
approval of all of the following:
A. A mass grading plan prepared by a qualified engineer,
B. A preliminary geotechnical ("soils") report prepared by a qualified
engineer,
C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16,
(Fugitive Dust Control), LQMC, and
D. A Best Management Practices report per the approved SWPPP prepared
in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES
stormwater discharge permit and Storm Management and Discharge
Controls).
All grading shall conform to the recommendations contained in the Preliminary
Soils Report, and shall be certified as being adequate by a soils engineer, or by
an engineering geologist.
A statement shall appear on the Final Parcel Map that a soils report has been
prepared in accordance with the California Health & Safety Code § 17953.
The applicant shall furnish security, in a form acceptable to the City, and in an
amount sufficient to guarantee compliance with the approved Fugitive Dust
Control Plan provisions as submitted with its application for a grading permit.
24. The applicant shall maintain all open graded, undeveloped land in order to
prevent wind and/or water erosion of such land. All open graded, undeveloped
land shall either be planted with interim landscaping, or stabilized with such
Resolution 2008-
Conditions Of Approval - Recommended
Reversion to Acreage RA 2008-005
Tentative Map No. 36058-R
Stamko Development
December 2, 2008
other erosion control measures, as were approved in the Fugitive Dust Control
Plan and SWPPP for this Reversion to Acreage RA 2008-005 and Tentative
Parcel Map 36058-R.
DRAINAGE
25. Stormwater handling shall be revised and approved by the City Engineer to
conform with the approved hydrology and drainage reports associated with the
approved Mass Grading Plan for this Reversion to Acreage and Tentative Parcel
Map 36058-R.
MAINTENANCE
26. The applicant shall maintain all fencing and screening materials in good working
condition and repair any damages, including those resulting from wind or
vandalism, within 48 hours of occurrence.
27. The applicant shall make provisions for the continuous and perpetual
maintenance of all private on -site improvements, perimeter landscaping, access
drives, and sidewalks.
28. The applicant shall be responsible for the cleaning and removal of tracked out
gravel and dirt on the adjacent public rights -of -way.
DRAFT
ATTACHMENT 3
Planning Commission Minutes
November 12, 2008
V. PUBLIC HEARINGS:
A. Reversion to Acreage 2008-005; a request of Stantec Consulting for
Stamko Development Co. for consideration of Reversion to Acreage RA
2008-005 (36058-R), located east of Adams Street, south of Auto
Centre Drive, west of La Quinta Drive.
Chairman Alderson recused himself from this item and turned the meeting
over to Vice Chairperson Katie Barrows who opened the public hearing
and asked for the staff report.
Principal Planner Andrew Mogensen presented the staff report, a copy of
which is on file in the Planning Department.
Commissioner Quill commented on the maintenance conditions and the
fact they would be cleaned up. Staff pointed out the condition which
referenced the maintenance of screening and landscaping and the public
right -of way. Staff added there was a mass grading plan permit in Public
Works which has not been approved yet. When the City Council approves
this application the grading permit can then be approved.
Commissioner Quill asked a question about follow-through on the mass
grading permit. Staff explained the procedures to be followed.
Commissioner Quill asked if any problems on the site could be addressed
by Code Enforcement. City Attorney Jenson said the Municipal Code has
a whole provision on grading permits (issued for the site) and if the City
Engineer finds any condition he considers unsafe he can require that it be
removed.
Commissioner Quill asked about the date of the mass grading permit.
Planning Director Johnson explained the status of the current grading
permit and the procedures to be followed for the approval of that permit.
He also discussed the need for the applicant to maintain the stockpiling
of material that is on the northern portion of the site. It was a 3:1 slope
stockpile that was part of the activity for the JC Penney site.
Commissioner Wilkinson asked about the history of the site including any
complaints or previous code enforcement issues. Planning Director
Johnson said he did not believe there had been any Code Enforcement
issues.
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There being no further questions of staff, Vice Chairperson Barrows
asked if there were any applicant representatives or comments.
The applicant, Chris Clarke 2205 North Poinsettia, Manhattan Beach CA
90266, commented on the economic conditions around the world, and
specifically, this community. She pointed out that JC Penney had pulled
out of this site and she has had to revert the acreage. She gave some
background on the property and the grading permit history. She outlined
what her plans were for the future of this site. She said she will comply
with the mass grading permit on file with Public Works. She said they
have had no complaints in the past eight or nine years.
She commented on Condition No. 23, which states: "The applicant shall
furnish security, in a form acceptable to the City, and in an amount
sufficient to guarantee compliance with the approved Fugitive Dust
Control Plan provisions as submitted with its application for a grading
permit." She said the City has had a $40,000 (cash) deposit, for a
number of years and she did not understand what the condition meant in
reference to a "sufficient deposit". She said the City had held the money
for eight years and asked what was the "security" they were referring to.
City Attorney Jenson said it was her understanding there were stockpiles
and some other things that could potentially need to be addressed. She
spoke to the City Engineer regarding the purpose of that bond and it was
to restore, or revert, the site back.
Ms. Clarke said she was a little confused as to what the site was to be
restored to.
City Attorney Jenson replied it would have to be reverted back to a site
without stockpiles. Ms. Clarke said the stockpiles currently met the City's
codes.
Ms. Clarke also said the City has had an open-ended condition for the
$40,000 bond, and the site has already been graded. She asked what
was the City asking her to restore the site to. City Attorney Jenson said
there were also PM 10 issues and the site was not finished. It was still
in a rough graded condition and would continue to need PM 10 control.
Ms. Clarke said she understood that and was not asking for the $40,000
back. She was asking about the amount of security and said if the
$40,000 wasn't enough she should be informed as to exactly what
additional amount would be needed. City Attorney Jenson asked if she
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was referring to additional security. Ms. Clarke said she was unclear on
the matter. The City Attorney suggested Public Works staff respond.
Principal Engineer Wimmer said the amount of security would only be
that which would be appropriate to the reversion of the acreage. If the
amount (when it is calculated) was less than $40,000 the difference
would be refunded. If it was more, the applicant would be asked for
additional funds. At this time they did not have the calculations
completed to specifically answer the question,
Ms. Clarks said she was still confused as to what was requested on the
reversion of acreage and the previous request for bonding. Principal
Engineer Wimmer said the amount of money needed to secure PM 10
coverage had not yet been calculated and repeated his explanation of the
amount as noted above.
Ms. Clarke pointed out she had given the Planning Commission Secretary
a copy of additional resolution corrections (copies of which were given to
the Commissioners). She added she was still confused and she said,
after six maps, the deposit amount should have been calculated and
specifically stated.
Vice Chairperson Barrows asked about the resolution corrections and Ms.
Clarke said they were very minor in nature.
Commissioner Quill asked if Ms. Clarke was only concerned about the
one condition, mentioning the security deposit, but she was all right with
everything else. Ms. Clarke responded she was.
There being no further applicant comments Vice Chairperson Barrows
asked if there was any public comment.
Suzanne Albert, 47510 Vila Florence, La Quinta, said her property backs
up to the Adams property. She said she had been there for five years,
through all the changes. She had one concern which was to plant trees,
as promised by each developer, instead of having the unattractive green
fence. She commented on the amount of dust in her home and requested
trees be planted on Adams Street.
Judy Harrison 47145 Via Orvieto, La Quinta, was confused as to what
was meant by reversion of acreage. She asked what the applicant was
trying to do. She commented on the JC Penney site being approved and
the major construction and traffic on Adams Street. She stated she
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November 12, 2008
admired the fact the applicant did provide the polymer spray to keep
down the dust, but she has been to City hall many times about the dust
problem for the properties behind Lowes, Target, as well as those south
of St. Francis Church. She commended Stamko again for the polymer
but asked what it means to revert acreage.
Andy Mogensen explained the background of the site and the fact the
applicant was trying to revert this to a single parcel, instead of multiple
parcels since that is what it was originally. Mrs. Harrison asked what
that meant, did that make it commercial or multi -family. Staff gave her
an explanation of what the reversion would entail and the number of
parcels.
Mrs. Harrison commented on a recent occurrence involving a severe dust
storm and how it affected her and her neighbors. She explained the steps
she took to attempt to correct the problem and emphasized the City need
to pay closer attention to PM 10 control. She commended Stamko again
for their use of the polymer spray to hold down the dust.
There being no further questions, or public comment, Vice Chairperson
Barrows closed the public participation portion of the meeting and opened
the matter for Commission discussion.
Commissioner Weber gave a synopsis of what the $40,000 held by the
City was actually for. He said it is there to make sure the City can take
care of any remediation issues, and in essence it was a bond. He said
that was standard procedure, until the property was put into its final
state. The City holds this bond, in trust, to be sure there are no financial
repercussions which could fall back onto the City of La Quinta. City
Attorney Jenson said that was correct.
Commissioner Weber added that the $40,000 amount was established
years ago with the City's best calculation of the potential liability if the
applicant did not perform as requested.
Commission Weber asked if when this property is regraded, will an action
take place to make sure it is kept in compliance with PM 10 regulations.
City Attorney Jenson responded to his question and explained what was
necessary to release the bond.
Commissioner Weber commented the concern to the citizens and the City
was with PM 10 issues on this site and others. He asked if Public Works
would be responsible for the inspections. Staff replied it would.
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Commissioner Weber asked about the trees Mrs. Harrison was
referencing. He was under the assumption she was referring to the trees
on the Adams Street frontage. He said there was currently a lot of
landscaping already in place and asked if there were any trees that had
been promised and not planted as yet. Planning Director Johnson said
with the entitlement for the JC Penney project there was a landscape
plan that included trees. He added if that project went forward the trees
would be included in that entitlement. However, he said there was a
perimeter landscaping established and full street improvements included
on Adams Street. That is not typically the case. He explained why the
balance of the improvements were not in and what was needed.
Commissioner Weber asked if there was anything deficient. Planning
Director Johnson said there was nothing deficient at this point.
City Attorney Jenson advised the Commission about the extension of a
site development permit and that would be the appropriate time to
condition whether or not something further should be done.
Commissioner Weber said he understood the dust concern, but wasn't
sure if they were actually coming from this site. He said he was pleased
that it has been landscaped as it is not a normal practice. He
commended the applicant, the owner, and the City for planning ahead so
the citizens could enjoy at least a partially improved streetscape.
There being no further questions, or public comment, Vice Chairperson
Barrows closed the public participation portion of the meeting and opened
the matter for Commission discussion.
There being further discussion, it was moved and seconded by
Commissioners Quill/Weber to approve Resolution 2008-032 for
Reversion to Acreage 2008-005 as submitted. AYES: Commissioners
Quill, Weber, Wilkinson, and Vice Chairperson Barrows. NOES: None.
ABSTAIN: None. ABSENT: Chairman Alderson
274