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2009 10 20 CCCity Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, OCTOBER 20, 2009 3:00 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2009-079 Ordinance No. 474 CALL TO ORDER Roll Call: Council Members: Evans, Franklin, Henderson, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. 1. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF HIGHWAY 111 AND LA QUINTA CENTRE DRIVE. PROPERTY OWNERS/NEGOTIATORS: TORRE NISSAN, GEORGE VELARDE; AND DODGE CITY, KENT SOWELL. 10O1 City Council Agenda 1 October 20, 2009 RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. 4:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS — NONE WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF OCTOBER 6, 2009. CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. APPROVAL OF DEMAND REGISTER DATED OCTOBER 20, 2009. 2. RECEIVE AND FILE TREASURER'S REPORT DATED AUGUST 31, 2009. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED AUGUST 31, 2009, AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2009. 4. DENIAL OF CLAIM FOR DAMAGES FILED BY MARTIN SEROTA — DATE OF LOSS: SEPTEMBER 21, 2009. City Council Agenda 2 October 20, 2009 002 5. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 30023-5, TRILOGY, SHEA LA QUINTA, LLC. 6. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 30023-5, TRILOGY, SHEA LA QUINTA, LLC. 7. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 31249, VILLAGE AT CORAL MOUNTAIN, ADOBE HOLDINGS, INC. 8. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 31249, VILLAGE AT CORAL MOUNTAIN, ADOBE HOLDINGS, INC. 9. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 31627, THE RESIDENCE CLUB AT PGA WEST, NADADOR, LLC. 10. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 31627, THE RESIDENCE CLUB AT PGA WEST, NADADOR, LLC. 11. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 30023-6, TRILOGY, SHEA LA QUINTA, LLC. 12. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 30023-7, TRILOGY, SHEA LA QUINTA, LLC. 13. ACCEPTANCE OF OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 31310, DESERT COVE, 48T" AND ADAMS, LLC. 14. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 31310, DESERT COVE, 48T" AND ADAMS, LLC. 15. ACCEPTANCE OF STATE FUNDING IN THE AMOUNT OF $10,215 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS). City Council Agenda 3 October 20, 2009 . 1 003 16. AUTHORIZATION OF OVERNIGHT TRAVEL FOR ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE NATIONAL LEAGUE OF CITIES 2009 CONGRESS OF CITIES TO BE HELD IN SAN ANTONIO, TEXAS, NOVEMBER 10-14, 2009. 17. ACCEPTANCE OF STATE FUNDING IN THE AMOUNT OF $16,913 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS). 18. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 473, CREATING THE LA QUINTA HOUSING COMMISSION. 19. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH DUDEK TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE PIONEER PARK IMPROVEMENTS, PROJECT NO. 2009-09. 20. APPROVAL TO PURCHASE MAINTENANCE EQUIPMENT FOR SILVERROCK RESORT AND ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM JOHN DEERE EQUIPMENT. 21. ADOPTION OF A RESOLUTION ADOPTING THE APPROVAL OF THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE, AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. 22. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH MSA CONSULTING, INC. TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE WASHINGTON STREET WIDENING IMPROVEMENTS, PROJECT NO. 2008-18. 23. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH VA CONSULTING, INC. TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE NEW TRAFFIC SIGNAL AND STREET IMPROVEMENTS AT DUNE PALMS ROAD AND "A" STREET, PROJECT NO. 2009-10. City Council Agenda 4 October 20, 200.9 004 BUSINESS SESSION 1. CONSIDERATION OF A FUNDING REQUEST FROM THE COACHELLA VALLEY RESCUE MISSION FOR CONSTRUCTION OF A HOMELESS SHELTER. A. MINUTE ORDER ACTION 2. CONSIDERATION OF FUNDING REQUESTS FOR A PERMANENT EMERGENCY SHELTER AND GENERAL OPERATIONS FROM MARTHA'S VILLAGE AND KITCHEN. A. MINUTE ORDER ACTION 3. CONSIDERATION OF MARKETING REQUEST FROM THE DESERT CLASSIC CONCOURS d'ELEGANCE CAR SHOW. A. MINUTE ORDER ACTION 4. CONSIDERATION OF AN APPOINTMENT TO THE CVAG ENERGY AND WATER CONSERVATION SUBCOMMITTEE. A. MINUTE ORDER ACTION STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (FRANKLIN) 2. BOB HOPE CLASSIC FUND DISTRIBUTION COMMITTEE (ADOLPH) 3. CITY COUNCIL AD HOC COMMITTEE REPORTS 4. CVAG COMMITTEE REPORTS 5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (ADOLPH) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT COX) 8. C.V. MOUNTAINS CONSERVANCY (FRANKLIN) 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (FRANKLIN) City Council Agenda 5 October 20, 2009" 005 11. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN) 12. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 13. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (EVANS) 14. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 15. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (DIANE GUNN) 16. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 17. SANTA ROSA/SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 18. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 19. INVESTMENT ADVISORY BOARD MEETING OF SEPTEMBER 9, 2009 20. PLANNING COMMISSION MINUTES OF SEPTEMBER 8, 2009 21. ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MINUTES OF AUGUST 5, 2009 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. UPDATE ON GREEN AND SUSTAINABLE LA QUINTA PROGRAM 2. CITY ATTORNEY 3. CITY CLERK A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR 4. BUILDING & SAFETY DEPARTMENT REPORT FOR SEPTEMBER 2009 5. COMMUNITY SERVICES DEPARTMENT REPORT FOR SEPTEMBER 2009 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT FOR SEPTEMBER 2009 8. PUBLIC WORKS DEPARTMENT REPORT FOR SEPTEMBER 2009 9. POLICE DEPARTMENT REPORT FOR SEPTEMBER 2009 10. FIRE DEPARTMENT QUARTERLY REPORT ENDING SEPTEMBER 2009 MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING NO PUBLIC HEARINGS ARE SCHEDULED, THEREFORE, THE CITY COUNCIL WILL ADJOURN AND NOT RECONVENE AT 7:00 P.M. UNLESS THERE ARE ITEMS FROM THE AFTERNOON SESSION THAT HAVE NOT BEEN CONSIDERED. City Council Agenda 6 October 20, 2009..,, . 006 7:00 P.M. PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS — NONE PUBLIC HEARINGS — NONE ADJOURNMENT A special joint meeting of the City Council and City Commissions will be held October 27, 2009, at 5:00 p.m., with the next regular meeting of the City Council being held on November 3, 2009, 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. City Council Agenda 7 October 20, 2009 007 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 October 20, 2009, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on October 16, 2009. ber 16, 2009 VERONICA /WONTECINO, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7103. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. City Council Agenda 8 October 20, 2009 (1 G `&,4� 5 CFhl OF'� AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: October 20, 2009 BUSINESS SESSION ITEM TITLE: Demand Register Dated October 20, 2009 CONSENT CALENDAR STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated October 20, 2009 BACKGROUND: Prepaid Warrants: 84596 - 846231 816,038.73 84624 - 846271 41,399.73 84628 - 84646} 69,510.96 84647 - 84678} 476,420.39 Voids} 0.00 Wire Transfers} 2,154,340.26 P/R 35837 - 358481 242,584.44 P/R Tax Transfers} 63,417.40 Payable Warrants: 84679 - 848271 1,938,1 17.89 $5,801,829.80 FISCAL IMPLICATIONS: Demand of Cash - City $4,570,042.47 Demand of Cash - RDA $1,231,787.33 John M. Falconer, Finance Director 09 CITY OF LA QUINTA BANK TRANSACTIONS 09/22/09 - 10/13/09 09/22/09 WIRE TRANSFER - TASC 09/29/09 WIRE TRANSFER - CALPERS 10/Oi/09 WIRE TRANSFER - PERS 10/01/09 WIRE TRANSFER - HEALTH PREMIUM 10/01/09 WIRE TRANSFER - US BANK TRUST 10/02/09 WIRE TRANSFER - ICMA 10/02/09 WIRE TRANSFER - PERS 10/06/09 WIRE TRANSFER -TASC 10/09/09 WIRE TRANSFER - LANDMARK TOTAL WIRE TRANSFER OUT $1,077.04 $1,338,763.00 $982.80 $99,539.48 $543,190.00 $11,096.33 $23,947.82 $1,077.04 $134,666.75 $2,154,340.26 0.10 .o •. .-I M � I O b N \ I Y J I r o O M b O P O P Ip O I U¢ I I� O O N O 12 0 1 M Ip .y N O b m m O I� m W N1' IUr1 P M N M .a O I� Ill M O U• W ^ ^ Ill m N N ❑� I O 2 M wz ao a Dw rz zs � z.. I r orl z £wl p I QK I MVNhb 00 N Mo N�Tb r1� PP NI Pm111 rI�rIM rIl1rP 00 MMb NON b O \ I bPmMl� 00 �iPM rl I-. bb Pr10 �?O�t �tON.a f�MPP 00 MbP bP1l1 U I W U I U I UN . 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Ze o O O NO a OO O Y F a LL O ¢ 0 b LL 0 C O LL M F Z U Z'+ a N O •P qP xb Um ' zw M zN JP Oo m O aN Jr4 W 3m W' OM JN SM x ICI N 30 xm NNO o NM Co O o o O O O 0 0 0 O o 0 0 0 0 0 0 0 l M m v.a wm m b MN P MP lll o r 11 m mr NN 00 NM PN m �tv M I ov I(1 111 vo oo oP or4 00 Oo OP 00 O P O b o M O O O r O b OM 00 Ov Off? OP O1-I 060 a 4F .�M OFF,TKF' COUNCIL/RDA MEETING DATE: October 20, 2009 AGENDA CATEGORY: ITEM TITLE: Receive and File Transmittal of Treasurer's Report as of August 31, 2009 RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: BUSINESS SESSION: o� CONSENT CALENDAR: 04 STUDY SESSION: PUBLIC HEARING: Receive and File Transmittal of Treasurer's Report dated August 31, 2009 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. Respectfully submitted, I John M. Falconer, Finance Director .. - C 61 Approved for submission by: // i zw-i ,�� /1 P Thomas P. Genovese, City Manager Attachment: 1 . Treasurer's Report, City of La Quinta 062 2 Ti� 4 6(p Qg&r6j MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Directorlfreasurer SUBJECT: Treasurer's Report for August 31, 2009 DATE: September 30, 2009 Attached is the Treasurer's Report for the month ending August 31, 2009. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: ATTACHMENT 1 Investment Be innin Purchased Notes Sold/Matured Other -Ending7ChanLAIF Certificates of Deposit 53,807,586 969,000 4,500,000 240,000 (3,150,000) 55,157,586 Treasuries (2) Gov't Sponsored Enterprises (2) 117,877, 008 - (10.000,000) 33,883 1,209,000US 107,911,391US )0 Commercial Paper (2) - Notes 4,999,668 - (5,000,000) 332 0 0Corporate )Mutual Funds - 12,115,512 1 (3,790) 12,111,722590,355 Subtotal $ 190,290,355 $ 4,740,000 521,081 $ 18,671,061 $ 0 30,425 0, $ 176.389,699 $ 13.900,656 Cash 3 - 740,516 12,225,450 1 it,484,934 12,225,450 Total 1 $ 189,549,839 $ 16,965,450 $ 18,671,081 $ 30,425 $ 187,874,633 $ 1,675,206) I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. Akk l V� 30 200 hn , Falconer Date Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. 06-6 3 Treasurer's Commentary For the Month of August 2009 Cash Balances — The portfolio size decreased by $1 .675 million to end the month at $187.88 million. The major reason for the decrease was normal cash disbursements exceeding cash receipts. Investment Activity — The average maturity of the portfolio decreased by 19 days to 92 days at the end of August. The Treasurer follows a buy and hold investment policy and purchased one .M $240,000 Certificate of Deposit with a local bank in August. The portfolio continues to not have direct investments in Government Sponsored Enterprises (GSE's) at this time and has one non -Treasury Loan Guarantee Program Corporate Note - GE Capital. The sweep account earned $16 in interest income for the month of August and the bank fees for the month were $ 1,870 which resulted in a net decrease of $ 1,854 in real savings. Portfolio Performance — The overall portfolio performance decreased by four (4) basis points from the prior month and ended at .61 % for the month, with the pooled cash investments yielding .64%. The portfolio yield should continue to stay at these levels for the near future. At this time last year, the portfolio was yielding 2.88% which reflects the current interest rate environment. Looking Ahead While the liquidity crisis impacting financial and business institutions has somewhat waned, the Treasurer is still concentrating on safety first and foremost. In the short term, the Treasurer will be maintaining LAIF balances at the maximum allowable percentage because its rate declines slower in a declining rate environment. The Treasurer will not be investing in non-TLGP corporate notes, non-TLGP commercial paper or GSE's due to the current economic conditions affecting the financial markets; but instead will be investing in short term (less than one year) U.S. Treasury Bills and Certificates of Deposits with local banks. 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ON �O N 19�w O 7 p F U in 7 J a U U V- F U w J J M1 U 02 F f U b J 7 R U 069 u 5§� P 7 0 P 7 0 City of La Ouinta Cernpafallve Rates of Inlerest Augus131,2009 City of IaQuints August 2006 4.94% 5.01% 4.97% 48 4.9]% Sept 2006 498% 501% 4.99% 53 500% 4.95% Oc12006 5.00% 5.02% 501% 6➢ 496% 5.02% Nov 2006 5.06% 503% 5.03% 62 4.94% 5.02% Dec 2006 5.08% 5,04% 5,06% 80 480% 5.13% Jan 2007 5.18% 5,12% 5.16% 64 . 4.98% 5.13% Feb 2007 5,10% 5.13% 5.1]% 45 4.95% 5.16% Mar2007 5.21% 5.03% 5,15% 6] 4.88% 5.1% Apr2007 520% 5.14% 5.15% 42 4.84% 52 1% May 2007 5.20% 5.05% 5.16% 32 491% 5.2% June 2007 5.19% 4.88% 5.10% 85 4.81% 5.25% FY 07/08 July 2007 521% '4,90% 5,12% 129 4,80% 5,25% August 2007 5.17% 685% 508% 109 4.59% 5.26% Sep12007 5.16% 4,86% 506% 129 400% 5.25% Oct 2007 5.11% 4.85% 5,02% 116 3.95% 5.23% NBv 2007 503% 4,83% 4,96% 99 3.34% 5.14% Dec 2007 4.95% 343% 4.45% 123 3.39% 4,96% Jan 2008 4,58% 3.33% 422% 96 2.31% 4.80% Feb 2008 4.12% 3,24% 3,85% 86 2,07% 462% Mar 2008 40]% 2.83% 367% 14 1,50% 4.16% Apr2008 3,45% 3.27% 341% 82 1,70% 3.78% 3.40% May 2006 3.14% 327% 3.17% 63 1.92% 3,07% June 2008 3.09% 1.94% 2.86% 80 2,14% 2.89% FY 08/09 July 2008 2.99% 1.93% 2.]]% 62 1,70% 1.88% 2.29% 2.75% 2.18% 2,79% August2008 3,16% 192% 288% 51 1,69% 1.69% 2.14% 2.38% 2.08% 2.78% Sept 2008 2.81% 1,92% 2.64% 37 142% 1.79% 196% 2,00% 2,13% 2]]% O 2008 2.86% 2,61% 2.61% 29 090% 1.40% 1.72% 150% 2.07% 2.71% Nov 2006 2.38% 2.36% 2.36% 84 0,15% 049% 1.04% 1.25% 145% 2.57% Dec 2008 1.60% 0,18% 142% 116 0.05% 0.25% 0.59% 0.88% 097% 2.35% Jan 2009 1.36% 0,18% 1,23% 82 0.15% 0,35% 0.43% 0.88% 0.31% 2.05% Feb 2009 1.23% 0,18% 1.11% 75 030% 0.50% 0,61% 0.88% 0.48% 1.87% Mai-2009 126% 0,18% 1.13% 69 0,20% 0.42% 0.70% 0.88% 0.37% 1.82% Apr2009 0,94% 0.18% 005% 54 0.31% 033% 0.59% 0.811% 0.28% 1,61% May 2009 0.92% 0,18% 0.84% 80 0.18% 0.30% 0.53% 0.88% 0.23% 1.53% June 2009 0.85% 0.29% 0.80% 111 0.20% 0.35% 0,55% 1,13% 0.26% 1.38% FY 09110 July266B 0.69% 0.30% 0.65% 111 0,19% 0.28% 0.47% 1.00% 028% 104% 11 C71 i ' I ; 1 i I 1 i i / I I - V o O o N O OOD f00 N V N O (Q r O O O O O IL O T 7 12 (7, M OF AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: October 20, 2009 BUSINESS SESSION: ITEM TITLE: Receive and File Transmittal of Revenue CONSENT CALENDAR: and Expenditure Report dated August 31, 2009 and Investment Summary Report for the Quarter Ending STUDY SESSION: _ September 30, 2009 PUBLIC HEARING: RECOMMENDATION: Receive and File. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Receive and File Transmittal of the August 31, 2009 Statement of Revenue and Expenditures for the City of La Quinta and Investment Summary Report for the Quarter Ending September 30, 2009. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures Report, August 31, 2009 2. Investment Summary Report for the Quarter Ending September 30, 2009 0l4` 2 ATTACHMENT 1 CITY OF LA QUINTA REVENUES -ALL FUNDS 07/0112009 - 08/3112009 FUNDS ADJUSTED BUDGET RECEIVED % RECEIVED General $38,911,135.00 $1,470,982.66 3.80% Library 2,552,500.00 0.00 0.00% Gas Tax Revenue 959,200.00 0.00 0.00% Federal Assistance 350,055,00 0.00 0.00% JAG Grant 69,416.00 0,00 0,00% Seat (Cops) Revenue 100,000.00 0.00 0.00% Indian Gaming 120,300,00 0.00 0.00% Lighting & Landscaping 947,800.00 38.52 0.00% RCTC 0.00 0.00 0,00% Development Funding 0.00 0.00 0.00% Crime Violent Task Force 63.300.00 0.00 0,00% AB 939 14.000.00 0.00 0.00% Quimby 15,600.00 0.00 0.00% Infrastructure 100.00 0.00 0.00% Proposition 1B 0.00 0.00 0.00% South Coast Air Quality 99,700.00 0.00 0.00% Transportation 388,400.00 28.950,00 7.50% Parks & Recreation 111,500.00 13,380.00 12.00% Civic Center 140.400.00 - 14.925.00 10.60% Library Development 44,400.00 5.326.00 12.00% Community Center 21.000.00 1,110.00 5.30% Street Facility 14,700,00 1,005.00 6.80% Park Facility 3,800.00 330.00 8.70% Fire Protection Facility 26.500.00 2,100,00 7.90% Arts In Public Places 37,325.00 1,756.74 4.70% Interest Allocagan 0.00 (26,219.55) 0.00% Capital Improvement 100,396,381.00 (1,634,704.96) -1,60% Equipment Replacement 23,800.00 596.78 2.50% Information Technology 340,744.00 331,044.00 9Z20% Park Equipment & Facility 13,600.00 0.00 0.00% SilverRock Goff 3,430,349.00 196,746.81 5.70% SilverRock Golf Reserve 70,707.00 0.00 0.00% LQ Public Safety Officer 2,200.00 2,000.00 90.90% La Quinta Financing Authority 6,603,611.00 0.00 0.00% RDA Project Area No. 1 69,289,392.00 40,142.97 0.10% RDA Project Area No. 2 31,327,499,00 131,511.65 0.40% Total $256,489,414.00 $581021.62 0.20% 07J 3 CITY OF LA OUINTA EXPENDITURES - ALL FUNDS FUNDS BUDGET EXPENDITURES ENCUMBERED BUDGET enere Library 1,669,19400 194,35565 0.00 W OD 1,474,638,35 Gas Tax 1,50056..00 190,00 5 0.00 1,4I45&005 Assistance 3500600 0.00 000 39,416,00 JFederalAG JAG Grant 89,,",0 0.00 000 69416.G0 (Cops) 120,300,00 01 0.00 120,30000 ISlesf Gaming ndian Gaming 0250 0,00 LightingB Landscaping Lighting 979.50400 9]9504A0 16000,80 0.00 816,253.40 810253.40 ROTC 1,970,763.00 0.DO 0.X) 1,970, 763.00 Development Agreement 0.00 0183 0.G0 Violent Crime Task Forces C 217,482 00 1 3 99 0.G0 8160 9816 AB AB 939 217 0 11080.0 0 1,41 0.002M,0686,.40 4 Quimby ,963, 9,67576 00 6,080.00 88300 Infrastructure 397,576.00 000 0.00 0Aw 397.576W 3W,576.G0 Proposition18 3,000 0.DI South Coast Air Quality 372,58200 00 000 0.00 372,42Z50 CMAO 177M 0 0.00 177,582.00 Trensp .530 392.0 ],530, 30w 323,,088 62 000 ,206.729 1 7,25,ODD, 14 Recce Perks BRecreation 15,000.00 0.00 000 15,000.D Civic Center 202, 330,00 0.00 160970 00 Library Development 19,0 00 w 0.00 0.00 1 Community Center (X) 0.00 000 000.00 00 039 Street Facility 6,39 2476,398.GG 0.00 000 2,476,398.00 Park Facility 0 00 0.00 0.00 OAG Fire P 96,20.00 0.00 0GG Public Pahkc Places 496,,00.00 18,0 0.00 0.00 779500 4]], 950.00 Interest Allocation 0.00 0.G0 Capipment Improvement Capbatt %,3 1003903 (1,63496,86 ) 31,0 10726. p Equipment Replacement 0A10 BY(ii,863 80,55501 0 N 0.X 14 ]26,366.14 Information TechnTenn 80,555.01 0.00 Facility Park Maintenance Faality Park 378,93100 37093t00 0.00 0A0 378,931,00 3737.7592 SilverRock Golf 0,188, 771.00 451,011 73 0,00 3,]31,759.P SilverRock Reserve 0.00 0,00 0.00 LO Officer WC 0 0.00 $00000 Authority Le mitts Financing Aut 6.604 4110 3,02500 0.00 B A Prot ct Area N RDA Project Area No. 1 .438126.0 f0,355.82,00 337,1 8465,2312 000 f542.78.00 RDA Protect Area No. 2 43,355.812.GG (1 d65,238.60) 0.00 44,821,05060 44,82,05068 01 4 CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL TAXES: Property Tax No Low Property Tax Distribution Statutory Tax Sales Tax Sales Tax Reimbursement Document Transfer Tax Transient Occupancy Tax Transient Occupancy Tax - Mitigation Measures Franchise Tax TOTAL TAXES LICENSE & PERMITS: Business License Animal License Building Permits Plumbing Permits Mechanical Permits Electrical Permits Garage Sale Permits Misc. Permits TOTAL LICENSES S PERMITS FEES: Sale of Maps 8 Publications Community Services Fees Finance Bldg S Safety Fees Community Development Fees Public Works Fees TOTALFEES Motor Vehicle In -Lieu Motor Vehicle Code Fines - Parking Violations Misc. Fines Federal Govt Grants County of Riverside Grant State of Califomia Grant Fire Services Credit - Capital Fire Services Credit - Operations CVWD CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue AB939 Assmnt Dist Surplus Other Mitigation Measures Litigation settlement Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND 07/01/2009 - 08/31/2009 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 2,993,000.00 655.98 2,992.344.02 0,020% 3,413,000.00 1,085.60 3,411,914.40 0.030% 0.00 0.00 0.00 0,000% 5.617,500.00 441.400.00 5,175,100.00 7.860% 1.872,500,00 0.00 1,872,500.00 0,000% 573,760.00 43.751.81 530,008,19 7,630% 4,128,000.00 134429.31 3.993,570S9 3.260% 328.300.00 0.00 328,300,00 0.000% 1,584,500.00 28,179,23 1,556,320.77 1.780% 20,510.560.00 649,501.93 19.861,058.07 3.170% 288,800.00 50,037.80 238,762.20 17.330% 19,700.00 5.733.50 13,966.50 29.100% 101,500.00 43,864.74 57,635.26 43.220% 18,100.00 5,137.50 12,962.50 28.380% 13,600.00 3,984.50 -9,615.50 29.300% 12,400.00 4,975.92 7,424.08 40.130% 12,600.00 2,360.00 10,220.00 18.890% 45,300.00 9,895.86 35,404.14 21.850% 512,000.00 126,009.82 385,990.18 24,610% 3,700.00 681.60 3,018.40 18,420% 328,900.00 154,787.82 174,112.18 47.060% 550.00 120.00 430.00 21.820% 84,100.00 33.812.78 50,287.22 40.210% 50.000.00 1,415.00 48,585.00 2.830% 327,400.00 19,952.00 307,448.00 6.090% 794.650.00 210.769.20 583,880.80 26.520% 3,931,500.00 7.707.13 3.923,792.87 0.200% 107,100.00 0.00 107,100.00 0.000% 48,500.00 7.536.67 40,963.33 15,540% 36.800.00 15.062.43 21,737.57 40.930% 5,400.00 0,00 5,400,00 0.000% 0.00 0.00 0.00 0.000 % 11,154.00 699.71 10,454.29 6.270% 3.748.505.00 0.00 3.748,505.00 0.000% 5,068.200.00 0.00 5,068,200.00 0.000% 16.800.00 0.00 16,600,00 0.000% 238.500.00 0,00 238,500.00 0,000% 13,212,459.00 31,005.94 13,181,453.06 0,230% 3,407,800.00 445,226.11 2,962,573.89 13.060% 11,000.00 8,469.66 2,530,34 77.000% 94,900.00 0.00 94,900.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0,000% 50.00 0.00 50.00 0.000% 105,950.00 8.469.66 97.480.34 7.990% 367,716.00 0.00 367,716,00 0.000% 38,911,135.00 1,470,982.66 37,440.152.34 3.780% CITY OF LA DUINTA GENERAL FUND EXPENDITURE SUMMARY ADJUSTED 0710112009 - 0813112009 REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: ' LEGISLATIVE 1C05,195.00 96,563.81 0.00 ",531.19 CITY MANAGER'S OFFICE 489,424.00 61,52898 0.00 427,895.02 DEVELOPMENT SERVICES 1,804,574.00 337,694.97 2.358.79 1.4 ,520.24 MANAGEMENT SERVICES 1,464359.00 633945.35 0.00 83D413.65 TOTAL GENERAL GOVERNMENT CITY CLERK fi41,551.00 96144.02 ow545,406.98 TOTAL CITY CLERK COMMUNITY SERVICES PARKS & RECREATION ADMINISTRATION 1,271,876.00 517,334,09 0.00 754,541.91 SENIOR CENTER 395,020.00 51p41.85 Dw 343,978.15 PARKS & RECREATION PROGRAMS 198, B32 00 31,441.60 0,00 167,3N0 LIBRARY 1,432,934.00 143,697.% 0.00 1,289,236.04 MUSEUM 296,863.00 18,097.35 060 27876565 PARK MAINTENANCE 1017977.00 117,087.17 0.00 894,88983 TOTAL COMMUNITY SERVICES FINANCE: BUILDING & SAFETY: POLICE: FISCAL SERVICES 986,826,00 141.703.64 0,00 845,122.36 CENTRAL SERVICES 326 ]56.00 80988.71 0.00 245807.29 TOTAL FINANCE 1 . BUILDING&SAFETY -ADMIN 342.245.00 51, 372,30 0,00 290.87270 BUILDING 865,%3.00 126,81672 000 739,146,28 CODE COMPLIANCE 958,89500 136.802.31 0.00 822,092.69 ANIMAL CONTROL 371 295.00 48,297.54 0.00 322,997.46 FIRE 5,032,940.00 7,097.05 14,661.41 5,011,181,54 EMERGENCY SERVICES 153,903.00 40,496.10 0.00 113,406.90 CIVIC CENTER BUILDING -OPERATIONS 1,112:794.00 8538].85 0.00 1W7106.15 TOTAL BUILDING & SAFETY POLICE SERVICES 12,539.455.00 92,082.89 28,831.SO 12,418,540.51 TOTAL PUBLIC SAFETY COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT -ADMIN 1,498,821.00 97,553.02 0,00 1.401,267.98 CURRENT PLANNING 774601.00 93350.25 ow 681,25075 TOTAL COMMUNITY DEVELOPMENT PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 694,70,W 75,8%,93 11,50767 607,W540 DEVELOPMENT & TRAFFIC 996,33200 133,597,42 0,00 862, 734.58 MAINTIOPERATIONS. STREETS 4,211,950,00 163,838.62 0.00 4,048,111.38 MAINT/OPERATIONS- LTGILANDSCAPING 1,80,728.00 164,253.56 0.00 1,636,474.44 CONSTRUCTION MANAGEMENT I328275.00 172, BWAO 27.295.00 1128179.60 TOTAL PUBLIC WORKS OOT TRANSFERS OUT 4,965,083.00 104,787.17 0.00 4,860,295.83 GENERAL FUND REIMBURSEMENTS (6, 852,534.00) (759901.10) 0.00 (60926Z12.90) NET GENERAL FUND EXPENDITURES 42, 171677. 00 3161, 898,53 84,64847 38,925, 130.W CITY OF LA QUINTA 0710112009. 08/31/2009 ALL OTHER FUNDS REVENUE DETAIL ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside 2,549,700.00 0.00 2,549,700.00 0.000% Contributions 0.00 0.00 0.00 0.000% Interest 2,800.00 0.00 2,800.00 0.000% TOTAL LIBRARY 2.552,500.00 0.00 2,552,500.00 0.000% GAS TAX REVENUE: Section 2105 201,600.00 0.00 201,600.00 0.000% Section 2106 123,600.00 0.00 123,600.00 0.000% Section 2107 271.600.00 0.00 271,600.00 0.000% Section 2107.5 0.00 0.00 0.00 0.000% Traffic Congestion Relief 357.000.00 0.00 357,000.00 0.000% Interest 5,400.00 0.00 5.400.00 0.000% TOTAL GAS TAX - 959,200,00 0,00 959,200,00 0,000% FEDERAL ASSISTANCE REVENUE: CDBG Grant 350,05&00 0.00 350,055.00 0.000% Federal Stimulus 0.00 0.00 0.00 0,000% Interest 0.00 0.00 0.00 0,000% TOTAL FEDERAL ASSISTANCE 350,055.00 0,00 350,055.00 0.000% JAG GRANT Grant Revenue 69,416.00 0.00 69,416.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL JAG GRANT 69,416.00 0.00 69,416.00 0.000% SLESF(COPS)REVENUE: SLESF (Cops) Funding 100,000.00 0.00 100,000.00 0,000% Interest 0,00 0.00 0.00 0.000% TOTAL SLESF (COPS) 100,000.00 0,00 100.000.00 0.000% INDIAN GAMING Grant revenue 120,000.00 0.00 120.000.00 0.000% Interest 300.00 0.00 300.00 0.000% TOTAL INDIAN GAMING 120,300.00 0.00 120,300.00 0.000% LIGHTING & LANDSCAPING REVENUE: Assessment 947,800.00 38S2 947,761.48 0.000% Developer 0,00 0,00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL LIGHTING & LANDSCAPING 947,800,00 38.52 947.761,48 0,000% RCTC RCTC Funding 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL RCTC DEVELOPMENT AGREEMENT FUND Mitigation Measures 0.00 0,00 0.00 0,000% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL DEV AGREEMENT 0.00 0.00 0.00 0.000% CRIME VIOLENT TASK FORCE Member Contributions - Carryover 32,700.00 0.00 32,700.00 0.000% Grant revenue -JAIB 25,600.00 0.00 25,600.00 0.000% CLET Line 3,100.00 0.00 3,100.00 0.000% Asset Forfeiture -State Adjudicated 0.00 0.00 0.00 0.000% Interest 1,900.00 0.00 1,900,00 0.000% TOTAL CRIME VIOLENT TASK FORCE 63,300.00 0.00 63,300.00 0.000% AS 939 REVENUE: AS 939 Fees 0,00 0.00 0.00 0.000% Interest 14,000.00 0,00 14.000.00 0.000% TOTAL AS 939 07/01/2009 - 08/3112009 CITY OF LA QUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED QUIMBY REVENUE: Quimby Fees 0.00 0.00 0.00 0.000% Donations 0.00 0.00 0.00 0.000% Interest 15,800.00 0.00 15,600,00 0.000% TOTAL QUIMBY INFRASTRUCTURE REVENUE: U81ity refund 0.00 0.00 0.00 0.000% Interest 100,00 0.00 100.00 0.000% Transfer in 0.00 0,00 0.00 0.000% TOTAL INFRASTRUCTURE 100.00 0.00 100.00 0.000% PROPOSITION 1B Prop 1B Grant 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL PROPOSITION 1 B SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution 48,900.00 0.00 48.900.00 0.000% MSRC Funding 48,000.00 0.00 48,000.00 0.000% Street Sweeping Grant 0.00 0.00 0.00 0.000% Interest 2,800.00 0.00 2,800.00 0,000% TOTAL SCAQ 99,700.00 0.00 99,700.00 0.000% TRANSPORTATION Developer fees 382,400.00 28,950.00 353.450.00 7.570% Interest 6,000,00 0.00 6,000.00 0.000% Transfer in 0,00 0.00 0,00 0.000% TOTAL TRANSPORTATION 388,400.00 28,950.00 359,450,00 7.450% PARKS S RECREATION Developerfees 111.500.00 13.380.00 98,120.00 12.000% Interest 0.00 0.00 0,00 0.000% Transfer in O.QO 0.00 0.00 0.000% TOTAL PARKS & RECREATION 111,500.00 13,380.00 98,120.00 12.000% CIVIC CENTER Developer fees 140,400,00 14,925.00 125,475.00 10.630% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0,00 0,000% TOTAL CIVIC CENTER 140.400.00 14,925.00 125,475.00 10,630% LIBRARY DEVELOPMENT Developer fees 44,400.00 5,326.00 39,074.00 12.000% Interest 0.00 0.00 0,00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL LIBRARY DEVELOPMENT 44,400,00 5,326.00 39.074.00 12,000% COMMUNITY CENTER Developer fees 9,300,00 1.110.00 8,190,00 11.940% Interest 11,700.00 0.00 11, 700.00 0.000% TOTAL COMMUNITY CENTER 21.000.00 1.110.00 19,890.00 5,290% 080 $ 07/01/2009 - 08/31/2009 CITY OF LA QUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED STREET FACILITY Developer fees 14,700.00 1,005.00 13,695.00 6.840% Interest 0.00 0.00 0.00 0.000% Transfer In 0,00 0.00 0,00 0.000% TOTAL STREET FACILITY 14,700.00 1,005.00 13,695.00 6.840% PARK FACILITY Developerfees 2,800.00 330.00 2,470.00 11.790% Interest 1,000.00 0,00 1,000.00 0,000% TOTAL PARK FACILITY 3,800,00 330.00 3,470.00 8.680% FIRE PROTECTION FACILITY Developerfees 26,500.00 2,100.00 24,400.00 7.920% Interest 0,00 0,00 0.00 0.000% TOTAL FIRE PROTECTION FACILITY 26,500,00 2.100.00 24,400.00 7.9209 ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 33,525.00 1,756.74 31,768.26 5.240% Arts in Public Places Credits Applied 0.00 0.00 0.00 0.000% Insurance Recoveries 0.00 0.00 0.00 0.000% Donations 0.00 0.00 0.00 0,000% Interest 3,800.00 0.00 3,600.00 0.000% TOTAL ARTS IN PUBLIC PLACES 37,325.00 1,756,74 35,568.26 4.710% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 (26,219.55) 26.219.55 0.000% Transfer In 0,00 0.00 0.00 0.000% TOTAL INTEREST ALLOCATION 0.00 (26,219.55) 26,219,55 0.0000 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio DSUSD ID RCTC Vista Dunes Housing LLP SB821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE 07/01/2009 - 08/31/2009 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 114,123,00 0,00 114,123.00 0.000% 50,851,00 0.00 50,851.00 0.000% 0,00 0.00 0.00 0.000% 9.523.273.00 0.00 9,523,273.00 0.000% 0.00 0.00 0.00 0.000% 0,00 0.00 0.00 0,000% 0.00 0,00 0,00 0,000% 0.00 0,00 0.00 0.000% 0.00 0,00 0,00 0.000% 0.00 0.00 0.00 0.000% 0,00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 420.802.00 0.00 420,802.00 0.000% 0.00 0.00 0.00 0,000% 90,287,332.00 (1,634,704,96) 91,922.036. 96 -1.810% 100,396,381.00 (1,634,704.96) 102,031,085,96 -1.810% EQUIPMENT REPLACEMENT FUND: Equipment Charges 0.00 0.00 0.00 0.000% Capital Contribution 0,00 0.00 0,00 0,000% Sale of Fixed Asset 0,00 0.00 0,00 0,000% Insurance Recoveries 0,00 596,78 (596.78) 0.000% Interest 23,800,00 0,00 23,800.00 0.000% Transfers In 0.00 0.00 0.00 0.000% TOTAL EQUIPMENT REPLACEMENT 23,800.00 596.78 23,203.22 2.510% INFORMATION TECHNOLOGY FUND: Charges for services 331,044.00 331,044.00 0.00 100,000% Capital Contribution 0,00 0,00 0.00 0.000% Sale of Fixed Asset 0,00 0,00 0,00 0,000% Interest 9,700,00 0,00 9,700,00 0,000% Transfers In 0.00 0.00 0.00 0.000% TOTAL INFORMATION TECHNOLOGY 340,744,00 331.044.00 9,700,00 97,150% PARK EQUIPMENT & FACILITY Charges for services Interest Capital Contributions TOTAL PARK EQUIPMENT & FAC SILVERROCK GOLF Green fees Range fees Resident Card Bob Hope Chrysler Classic Merchandise Food & Beverage Allocated Interest Income Transfers In TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE Interest Transfers In TOTAL SILVERROCK GOLF LQ PUBLIC SAFETY OFFICER FUND Transfer in Interest TOTAL LQ PUBLIC SAFETY 0.00 0,00 0,00 0.000% 13,600.00 0.00 13,600.00 0.000% 0,00 0,00 0,00 0.000% 13,600.00 0.00 13,600.00 0.000% 2.980,503,00 170.137.82 2.810,365,18 5,710% 109,296,00 5,353.00 103.943.00 4,900% 15,000.00 2,760.00 12,240.00 18,400% 0.00 0.00 0.00 0.000% 325.550.00 18,495.99 307,054.01 5.680% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0,000% 0.00 0.00 0,00 0.000 3,430,349.00 196,746,81 3,233.602.19 5,740% 2,400.00 0.00 2,400.00 0.000% 68,30T00 0.00 68,307.00 0.000% 70,707,00 0,00 70,707.00 0,000% 2,000.00 2,000.00 0.00 100.000% 200,00 0,00 200,00 0,000% 2,200.00 2,000.00 200,00 90.910% 10 CITY OF LA OUINTA 07/01/2009 - 0W3112009 OTHER CITY FUNDS ADJUSTED REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND MTERESTADVANCE 0,00 0.00 OW 0.00 CAPITAL PURCHASES 0.00 000 O.W 0.00 REIMBURSE GENERAL FUND 1,720,350.00 115,000.00 0W 1,W5,350.W TRANSFER OUT 0.00 0.00 0.00 TOTAL LIBRARY FUND GASTAX CONTRACT SERVICES 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 1, 131,354.DO 188,558.90 0,00 94 2,795.10 TRANSFER OUT 531840 W 5 0.00 532.043.25 TOTAL GAS TAX FUND 317.75 FEDERAL ASSISTANCE FUND: TRANSFER OUT 35.I055.00 O.W 350055.W TOTAL FEDERAL ASSISTANCE FUND JAG GRANT TRANSFER OUT TOTAL JAG GRANT 69,416,00 0.00 0.00 69,416.00 SLESF(COPS) TRANSFER OUT TOTAL SLESF(COPS) FUND 1W,000.00 O.W a 100AW.00 INDIAN GAMING FUND TRANSFER OUT 120:301.00 O.W 000 120,3W.W TOTAL INDIAN GAMING FUND0,00 LIGHTING S LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 979,504.W 163,250.60 O.W 816.253.40 TRANSFER OUT 0.00 0,00 O.W 0.00 TOTAL LTG/LANDSCAPING FUND RCTC TRANSFER OUT 1,970.763. D0 0W 0.00 1970763.W TOTAL RCTC DEVELOPMENT AGREEMENT FUND CONSTRUCTION 0,00 0.DO 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0,00 0.W 000 TRANSFER OUT D.W 000 0.00 0.00 TOTAL DEV AGREEMENT FUND CRIME VIOLENT TASK FORCE OPERATING EXPENSES 205,00000 195,183.99 O.W 9,816,01 TRANSFER OUT O.W 0,00 0.W 0.00 TOTAL CRIME VIOLENT TASK FORCE AS 939 OPERATING EXPENSESREIMBURS 149,OW.00 O.W 0.00 149,OW.W GENERAL FUND 68,482.00 11,413.W 000 57,M8.40 TRANSFER OUT TRANSFER OUT 000 000 O.W 0,00 TOTAL AS 939 GUIMBY FUND: FEASIBILITY STUDY 0.00 0,00 0.W 0,00 REIMBURSE DEVELOPER FEES O.W O.W 000 0.00 TRANSFER OUT 9,611,963W B4OW.W 0W 9509,883.W TOTAL OUIMBY INFRASTRUCTURE FUND CONSTRUCTION 0.00 0,00 0W 0.00 REIMBURSE GENERAL FUND 0.00 0.00 O.W 0W TRANSFER OUT 3975]6.W 0.00 O.W 39]576.00 TOTAL INFRASTRUCTURE_ 76,00 PROPOSITION IS - SB 1266 TRANSFER OUT TOTAL PROPOSITION 1 B FUND 6W,995. W 3.457.W 0. W 603.427.50 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 26,600.W 0.00 0.00 26,6W.00 TRANSFER OUT 345982.00 O.W 0.00 345882.W TOTAL SOUTH COAST AIR DUALITY CMAO PROJECT EXPENDITURES O.W 0.00 O.W 0.00 TRANSFER OUT 1770W00 0.00 O.W OW.W TOTAL CMAD 1'77 TRANSPORTATION PROGRAM COSTS O.W 0.00 0.00 D.W CONTRIBUTION 0W 0.00 0.00 O.W TRANSFER OUT 7,5303922 323562. SS 0.00 72W 729.14 TOTAL TRANSPORTATION PARKS S RECREATION INTEREST ON ADVANCE 15,ODD.W 0.00 000 15,00,00 TRANSFER OUT O.W 0.00 0.00 0.00 TOTAL PARKS & RECREATION CIVIC CENTER SERVICES 0,00 O.W 000 0,00 INTEREST ON ADVANCE 0.00 0.00 0.00 0,00 REIMBURSE GENERAL FUND 202,764,00 33,794.W 0,00 168,970.W TRANSFER OUT 0.00 0. W 0.00 0. W TOTAL CIVIC CENTER LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 000 0DO 0,00 INTEREST ON ADVANCE 19.50000 000 0DO 19,5W.00 TRANSFER OUT 0.00 0.00 000 0,00 TOTAL LIBRARY DEVELOPMENT CITY OF LA QUINTA OTHER CITY FUNDS ADJUSTED 0710112009- ON31/2009 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 000 0.00 000 TOTAL COMMUNITY CENTER _ STREET FACILITY PROGRAM COSTS 0.00 0.00 0.00 O.W TRANSFER OUT 2476398.00 O.W O.W 24]6398.0' TOTAL STREET FACILITYam 000 2!475 PARK FACILITY PROGRAM COSTS 0 W 0.00 0.00 0.00 TRANSFER OUT 0,00 0.00 0,00 000 TOTAL PARK FACILITY FIRE PROTECTION INTEREST ON ADVANCE 9.250.00 0.00 O.W 9,250.00 TRANSFER OUT 0.00 000 0.00 000 TOTAL FIRE PROTECTION DIF ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 30,W0.00 4.000.W O.W 26,000.00 OPERATING EXPENSES-APP 6.200.W 0.00 0.00 6,2W.00 ART PURCHASES 260.000.00 14,250.00 O.W 245.750.00 TRANSFER OUT 2000W.00 O.W 0.00 200000,00 TOTAL ART IN PUBLIC PLACES CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 99,133.605. 00 (1,634, 7D4.96) 0,00 100,768,309. 96 PROJECT REIMBURSEMENTS TO GEN FUND 1,262,776.W 0.00 0.00 1,262,776.W TRANSFER OUT 0 W 0.00 O.W 0.00 TOTAL CAPITAL IMPROVEMENT EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 707,185,00 26,61899 0.00 6W,566.01 CAPITAL PURCHASES - 99,678.00 53,877.87 0.00 4S(W.13 TRANSFER OUT 0.00 0.00 0,00 ODD TOTAL EQUIPMENT REPLACEMENT FUND INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 505,772.00 80,655.01 0.00 425,216.99 CAPITAL PURCHASES 17,150.00 O.W O.W 17,150.00 TOTAL INFORMATION TECHNOLOGY 442.366'99 PARK MAINTENANCE FACILITY OPERATING EXPENSES 25,500,00 0.00 000 25, 50DW CAPITAL PURCHASES 0.00 0.00 000 0.00 TRANSFER OUT 353,431.010 O.W 0.00 353431.00 TOTAL PARK MAINTENANCE FAG SILVERROCK GOLF OPERATING EXPENSES 4,120,464.W 451.011.73 O.W 3,669,452.27 TRANSFER OUT 88307.W 0.00 0.00 68307.00 TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE TRANSFER OUT O.W 0.00 0.00 O.W TOTAL SILVERROCK GOLF RESERVE LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,OW.W 0.00 O.W 2.0W.00 084 12 ATTACHMENT 2 C N N c u U if 'CN � iON� N �N W fO tDOO�ON O�I�M ON � a M W m t N O� r w O O BCt OO � �_ t0 m 0) N r N WW O W 06 tm0 16 OmOin N� W Y m O m O) m m mom M O O N N N N N� 0 g N w m E m r'6, �<ov vui6in _ m�� m Q u � 00000rnoo�000 'Y m W mm0)000)0I 00�d'a�Or NtOO�ON�NNNNNM J o0000000000000000� m o0000000000000000m > o 000 oc oo m o 0000a a a655oa�<av� 4 �UjNN�6C4 616L6NNNNNr h ToC 3c�N�arn'm Nrnm�a�---Noe ��zz d CL c c Z J O I L u �r UA9.9 y E a p A E m_ >> U LL m - am> L) m c o E m c m m p Q o ry m a o __ -_ = - U v L, ° a° E E c� c� a y� m00 LOm tl]mmmm W O O L°' .N 0�a. a..J J fn r��r�r��rc�05 E F� c N c 0 00 a 2` U 0 r O 0 aU U y y c L Z N r O V N L C C m d DEm zo L s E £ cO v y a _ c E C x N ry £ E oc >co U c O c N U E E E 7E6 J d o d NG116 oE� E C � N X 0 w d v O L L V1 U 8 _ N `G a J C da E g £ 0 d d 5 m a - E O O o o r U a co 0 N N O o ma$ J ) m mc� racidc �$1 13 �a 2 F Q (DJ S OF TNF'�41 COUNCIL/RDA MEETING DATE: October 20, 2009 ITEM TITLE: Denial of Claim for Damages Filed by: Martin Serota; Date of Loss — September 21, 2009 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Martin Serota; Date of Loss — September 21, 2009. FISCAL IMPLICATIONS: The total amount of the claim is $44. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Martin Serota with a reported date of loss of September 21, 2009 (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: 1 . Deny the Claim for Damages filed by Martin Serota, with a reported date of loss of September 21, 2009; or ��G 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, ZM'L� Bret M. Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Martin Serota, Claim for Damages ATTACHMENT 1 FILE WITH: CITY CLERK'S OFFICE City of La Quinta a n Any M CLAIM FOR DAMAGES TO PERSON OR PROPERTY RESERVE FOR FILING STAMP CLAIM N0. RFr.FivFn La Quinta, CA 92253 — — - EP 30 PM 3 06 INSTRUCTIONS 2009 1. Claims for doth, Injury to person or io personal property must be filed not later than * months after the occurrence.(Gov.Code §9112.) CI Y OF LA QUINTA 2• Claims for damages to real property must be filed not later than f year after the occurrence. (Gov. C I T CLERK'S OFFICE Code § 9112.) 3. Read engredaimform before fling. 4. See page 2 for diagram upon which lo locale place of accident. 6. This dalm forth must be signed on page 2 at bottom. 6. Adadr separate sheets, I necessary, to give full details. SIGN EACH SHEET. TO: [Name of City] i Date of Birth of Qlaimant 0 lion of Claimant Name of 0aimant Uf Cd%iZ Home dress of mant• rid fe a s ojf l o � 14 -// 0,11I s Homee phone of Cialmant Business Address of Claimant Cry and State SQL,. Business Telephone of 0311rtaht o / sii 6 Give address and telephone number to which you desire notices or communications to be sent ClatmanCs Social Seaaily, No.: regaafmgclaim''.� a�ovc � �/o Sy/-- S 1 � 8 s �Q QAo� When did D EorINJUKToegIR Namesetany cnyempioyeusmvurveoararevnruvrvn x. Time: *2---M?M trOan is for Equitable Indemnity, gNe date cla mnnt served witil 6te complaint Date: Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet Where appropriate, give sbeetnames and address and measurwmentsfrom landmarks: Y'UPffW(JJJ ON iii S legviN . � 1/CONe Zole" �-r (,�, '�ousei cpy ,a,Kf R/41`4 Cro". - Describe in detal how the DAMAGE or INJURY occurred, lrf l cW q n A Pi?CP o� G2La< f � ✓hY �e Raf fire _ Why do you claim the ally is responsible? / wet��°�Gfi CO✓)ff(JG%7; Al -IX odr , � �� Cf/ s Describe in detail each INJURY or DAMAGE SEE PAGE 2 (OVER) TNIS CLAIM MUST 9E SIGNED ON REVERSE SIDE 088 The amount daimed, as of the data of presentation of this claim, is computed as follows: Damages incurred to data (exact): Estimated prospective damages as tar as known: Damage to property ..................... t I $ -I • Q [ " Future expenses for medical and hospital care .S Expenses for medical andhospitalcare ..... $ Future loss of earnings ....................$ Loss ofeamings ....... I................... $ Other prospective special damages .......... $ Special damages for ..................... $ Prospective general damages ..............$ Total estimated prospective damages .......$ General damages ....................... $ Total damages Incurred to date'.......... $ Total amount claimed as of date of presentation of this daim: $ y y Q z Was damage andlor injury investigated by police? 00 If so; what clty? _ Were paramedics; or. ambulance called? Y) If so, name city or ambulance If Injured; state date, time, name and address of doctor of your Initial visit WITNESSES to DAMAGE or INJURY. List all persons and addresses of pews known to have lnlonnalion: Name Address Phone Name Address Phone Name Address Phone DOCTOR AND HOSPITALS: Nip Hospital. Address Phone Doctor Address Phone Doctor Address Phone READ CAREFULLY Foralsocklent claims place on fallowing diagram name of steels, Including Noffi, aWderdby'A-VandlocationofyourseHoryourvehideatthetimeoftheaccident Eas4 Soutl , And West indicate plaoe'of accident by'x and by showing house by'll-V and the point of Impact by X' numbersor diatances to st eetoomers. IrCityVehlde was InvoNed, designale by' letlei*lombon ofCftyVetdde when you first saw it and by'B'bwtion of yourself NOTE: if diagrams below do ratfn to situation, attach hereto a proper diagram or your vehicle when you first saw Chy Vehicle; location of City vehicle at time of signed by claimant rm SIDEWALK f LV/Wt r�r PARKWAY ..._ SIDEWALK 7 to Claimant claim is a CURB Flo: q/3d 07 089 MOUNT^ I N V I E W T S R E a SV C 44-420 TOWN CENTER WY PALM DESERT, CA 92260 (760)340-1411, BAR REG# ARD178615, I.D. CAL000141105 MVTWMOUNTAINVIEWTIRE.COM WWW,MOUNTAINVIEWTIRE.COM zNVgqICE 09/21/09 09/21/09 Z 16837 04:20 PM 04:40 PM PAGE: 01 TERR: 9630 NONSIG: 189267 BILL TO: MARTIN/JERRI SEROTA 76059 VIA MONTELANA INDIAN WELLS, CA 92210 PHONE 1....... PHONE 2....... (510)541-5116 EXT. VEH YEAR/MAKE. 04 ACURA DATE REQUESTED 09/21/09 VEHICLE MODEL. VEHICLE COLOR. TSX WHITE TIME REQUESTED RETURN PARTS...NO LICENSE/STATE. SHZW726 / CA SALESMAN..,... 003 / 089 ODOMETR IN/OUT 000215 / 000215 PRIOR INVOICE. 216565 - kf6w-v COB TC CST# TYPE/STATE AUTHORIZATION CREDIT CARD NO. 963000051 V 01 05266 0 CA 007058 HOC 8253 SLSM TECH PRODUCT CODE BC CITY DESCRIPTION PARTS LBR/E%C[SE LINE TOTAL 001 265-024-253.0 P I- 215/50R17 91V S1 DIREZZA DZI01 8SWTL 117.02 .00 117.02- REFERENCE. 209362 OTY. I• NO. EU4M4MTR2808 001 265-024.253-0 R 1 2i5/50R17 91V S1 DIREZZA OZ101 8SWTL 134.50 .00 134.50 QTY. 1 NC'. EU4M4MTR2309 003 225 044.263 R 1 WHEEL BALANCE - COMPUTER SPIN 3.00 10.00 13.00 003 089 092-156 R 1 ROAD HAZARD - AUTO .00 10.00 10.00 ALL WHEELS REMOVED WERE TORQUED TO MANUFACTURER'S SPECIFICATION. TORQUE WY TORQUE SPECVISIT . ALL CUSTOM WHEELS REMOVED MST RETURNhWITHIN1100hM ES TO RE TORQUE AINVILUG NU SC STThINITIALS PARTS TOTAL........ 20.48 CHARGED AMOUNT 44.02 LABOR TOTAL........ 20.00 X __ STATE TIRE FEE 1.75 SUB TOTAL.......... 40.48 CUSTOMER AUTHORIZATION FOR TOTAL =N\/OJE CEAZABTODTAI_ NT 20.48 SALES!r.4' '-''02.79 HOW Did We Do Today? We Want Your Feedback! 1.866-402,3523 Tell us for a chance to WIN a $500 Gas Card Enter Code: See Official Rules in stores and at www.goodyeartires.can/gascard for details. 2649018926768370 NO purchase necessary. Two winners per month. Must call within 7 days. Void where orohibited S E E R E V E R S E S= D E F OR 31M P OR TA N T SAFETY WARN = N G ^ N D WA RR ^NTY 2 N F 0 RM^T I ON HAVE A QUESTION OR PROBLEN9 Maw top "r"* mampw. wo vCw yaw ookwnm mM as year (] bUJIM, 6 .Wya .W Ba6ri)aN xs6larco. meow •r .7 �+ CUSTOMER ASSISTANCE LINE 1-600.321-2136 1 T4hf 4 4 a" COUNCIL/RDA MEETING DATE: October 20. 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 30023-5, Trilogy, Shea La Quinta, 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 December 31, 2009 for Tract Map No. 30023-5, Trilogy, Shea La Quinta, LLC. FISCAL IMPLICATIONS: CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Trilogy (Tract Map No. 30023-5) is located south of Avenue 60, north of Avenue 62, east of Madison Street, and west of Monroe Street (Attachment 1). On June 8, 2005, the City and Shea La Quinta, LLC entered into an SIA for Trilogy. 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 sole discretion and when it deems necessary, to 092 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 May 15, 2007, the City Council adopted a resolution granting a time extension for the completion of the off -site improvements as specified in the SIA to April 15, 2008. On December 16, 2008, the City Council adopted a resolution granting a second time extension for the completion of the off -site improvements as specified in the SIA to June 15, 2009. In a letter dated September 21, 2009 (Attachment 2), the developer states that the majority of the off -site improvements on Monroe Street have been completed. The remaining improvements include the landscaping and monumentation. The developer requests a time extension for completion to December 31, 2009. Staff has prepared the attached resolution which provides for approval of the third 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 off -site improvements as specified in the approved SIA to December 31, 2009 for Tract Map No. 30023-5, Trilogy; 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 SIA to December 31, 2009 for Tract Map No. 30023-5, Trilogy; or 3. Provide staff with alternative direction. Respectfully submitted, othy R. oon, P.E. icWors cDtor/City Engineer 093 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Shea Homes, Inc. dated September 21, 2009 C94 RESOLUTION NO. 2009- 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 DECEMBER 31, 2009 FOR TRACT MAP NO. 30023-5, TRILOGY. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 30023-5, Trilogy, on June 8, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by June 15, 2009, 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 December 31, 2009. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on December 31, 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. 095 Resolution No. 2009- Tract Map No. 30023-5, Trilogy Adopted: October 20, 2009 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 201" day of October 2009, by the following vote, to wit: M431 NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 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 C96 ATTACHMENT 1 TM 30023-5 TRILOGY CITY OF LA QIINITA SITE TRACT 30023-5 AVENUE 60 �/7 wLd �� / AVENUE 61 z0 X AVENUE w 62 z 00 af O Y z O Q VICINITY MAl NOT TO SCALE CITY COUNCIL MEETING: October 20, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 30023-5, Trilogy APPLICANT: Mr. Perry Devlin, Shea Homes, Inc. 091 ATTACHMENT 2 Trilogy® at La Quinta September 21, 2009 Mr. Timothy R. Jonasson, P.E. Public Works Director/City Engineer P.O. Box 1504 78-495 Calle Tampico La Quinta, California 92253 RECEIVED SEP 21 2009 Development Service, Re: Tract Map No. 30023-5, Trilogy Subdivision Improvement Agreement (SIA), Off -Site Improvements Dear Mr. Jonasson, I received your letter of September 1, 2009 today on the SIA referenced above This is to advise you that while the majority of the off -site obligations on Monroe Street are complete, we are still in the process of completing landscaping and final monuments. I believe this work will be completed within 30 days. If a formal Council extension is necessary under the circumstances, then I would like to request such an extension through December 31, 2009 in order to provide ample time to finish this work and conduct an internal review to ensure that all work is complete before making our request to the City for final approval. I hope this is an adequate response to your letter. I am confident that we'll be able to complete all of our off -site obligations under the SIA by year end. Sincerely, / r evlin General Manager Trilogy at La Quinta Shea Homes, Inc. 60-800 Trilogy Parkway La Quinta, Ca. 92253 cc: Ed Wimmer, Development Services Principal Engineer Amy Yu, Assistant Engineer II Where dreams takeAffig. 60-800 Trilogy Parkway La Quinta, CA 92253 P: 760-777-6100 / F: 760-777-6119 www.triloulife.com 093 Trilogy or La Quints Is a community by Shea LaQuinm, LLC, an independent mernber of the Slim fiunif) of companies. Sales by Shen Hanres Marketing Company- Hroher. Homes at W=`—� Trilogy are humded far occupancy by persons 55 years of age or older, with certain exceptions for younger pawns as provided by law find the governing m.ranrs, conditions and u restrictions. M.e. cejht 4 4 a" COUNCIL/RDA MEETING DATE: October 20, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 30023-5, Trilogy, Shea La Quinta, 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 December 31, 2009 for Tract Map No. 30023-5, Trilogy, Shea La Quinta, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Trilogy (Tract Map No. 30023-5) is located south of Avenue 60, north of Avenue 62, east of Madison Street, and west of Monroe Street (Attachment 1). On June 8, 2005, the City and Shea La Quinta, LLC entered into an SIA for Trilogy. 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 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 May 15, 2007, the City Council adopted a resolution granting a time extension for the completion of the on -site improvements as specified in the SIA to April 15, 2008. On December 16, 2008, the City Council adopted a resolution granting a second time extension for the completion of the on -site improvements as specified in the SIA to April 15, 2009. In a letter dated September 21, 2009 (Attachment 2), the developer states that all the improvements have been completed with the exception of raising a few manholes and valves in the vicinity of the Chenelle gate. Completing this work in this area will be of the developer's priority over the next few weeks. The developer requests a time extension for completion to December 31, 2009. Staff has prepared the attached resolution which provides for approval of the third 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 SIA to December 31, 2009 for Tract Map No. 30023-5, Trilogy; 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 SIA to December 31, 2009 for Tract Map No. 30023-5, Trilogy; or 3. Provide staff with alternative direction. Respectfully submitted, J mothy R nas o , P.Eublic Wo Dir or/City Engineer 1C0 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Shea Homes, Inc. dated September 21, 2009 lei RESOLUTION NO. 2009- 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 DECEMBER 31, 2009 FOR TRACT MAP NO. 30023-5, TRILOGY. WHEREAS, the City Council approved the ,Subdivision Improvement Agreement (SIA) for Tract Map No. 30023-5, Trilogy, on June 8, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by April 15, 2009, 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 December 31, 2009. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on December 31, 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. 2009- Tract Map No. 30023-5, Trilogy Adopted: October 20, 2009 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 201h day of October 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 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 16a ATTACHMENT 1 TM 30023-5 TRILOGY CITY OF LA QUINITA TRACT 30023-5 AVENUE 60 V!/ LLJ LLI AVENUE 61 N o/ a � " AVENUE LO 62 Y Z U O VICIN NOT TO SCALE ►ITI:\ r CITY COUNCIL MEETING: October 20, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 30023-5, Trilogy APPLICANT: Mr. Perry Devlin, Shea Homes, Inc. 104 ATTACHMENT 2 Trilogy® at La Quinta September 21, 2009 Mr. Timothy R. Jonasson, P.E. Public Works Director/City Engineer P.O. Box 1504 78-495 Calle Tampico La Quinta, California 92253 RECEIVED SAP 21 2009 Development Services Re: Tract Map No. 30023-5, Trilogy Subdivision Improvement Agreement (SIA), On -Site Improvements Dear Mr. Jonasson, I received your letter of September 1, 2009 today on the SIA referenced above. This is to advise you that as of today, I believe all of the improvements are complete in 30023-5 except for raising a few manholes and valves in the vicinity of the Chenelle gate where the paving for -5 and -7 overlapped. While this area will be our priority over the next couple of weeks so that we can request City approval of -5, I cannot yet request acceptance by the City with the knowledge that we still have some minor work to complete. I believe this work will be completed within 30 days. If a formal Council extension is necessary under the circumstances, then I would like to request such an extension through December 31, 2009 in order to provide ample time to finish this work and conduct an internal review to ensure that all work is complete before making our request to the City for final approval. I hope this is an adequate response to your letter. I am confident that we'll be able to complete all of our obligations by year end. Sincerely Devlin General Manager Trilogy at La Quinta Shea Homes, Inc. 60-800 Trilogy Parkway La Quinta, Ca. 92253 Where dreams take./light. 60-800 Trilogy Par�waEyd Wimmer, Development Services Principal Engineer La Quinta, CA 92253 Amy Yu, Assistant Engineer II P: 760-777-6100 / F: 760-777-6119 www.trilogylffe.com 105 Trilogy at La Quinta is a community by Shea UQuintu, LLC, nit independent member of de Shea family of companies. Saks by Slim Honors Mmheting Company - Broker Hones at ! 1 Trilogy are intended for occupanry by persons 55 years of age or older, with r rmin c< cp6ons for younger pmsmrs as provided by law and the governing ranemmts, oinditimts and u restrictions. �...,,. T4hf 4 4 a" COUNCIL/RDA MEETING DATE: October 20, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 31249, Village at Coral Mountain, Adobe Holdings, Inc. 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 October 11, 2010 for Tract Map No. 31249, Village at Coral Mountain, Adobe Holdings, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Village at Coral Mountain (Tract Map No. 31249) is located south of Avenue 58 and west of Madison Street (Attachment 1). On October 11, 2006, the City and Adobe Holdings, Inc. entered into an SIA for the Village at Coral Mountain. 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 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 October 16, 2007, the City Council adopted a resolution granting a time extension for the completion of the off -site improvements as specified in the SIA to October 1 1, 2008. On March 17, 2009, the City Council adopted a resolution granting a second time extension for the completion of the off -site improvements as specified in the SIA to October 11, 2009. In a letter dated September 15, 2009 (Attachment 2), the developer states that the market for the residential units planned for this project currently does not exist. In addition, the holder of the first trust deed is unable to fund the completion of the Avenue 58 off -site street and sidewalk improvements required as part of the SIA at this time. The developer requests a time extension for the off -site improvements to October 11, 2010. Staff has prepared the attached resolution which provides for approval of the third 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 off -site improvements as specified in the approved SIA to October 1 1, 2010 for Tract Map No. 31249, Village at Coral Mountain; 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 SIA to October 11, 2010 for Tract Map No. 31249, Village at Coral Mountain; or 3. Provide staff with alternative direction. Respectfully submitted, T'mothy on ublic Wo s C ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Adobe Holdings, Inc. dated September 15, 2009 1n� RESOLUTION NO. 2009- 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 OCTOBER 11, 2010 FOR TRACT MAP NO. 31249, VILLAGE AT CORAL MOUNTAIN WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31249, Village at Coral Mountain, on October 11, 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 October 11, 2009, 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 October 11, 2010. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on October 11, 2010. 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. lag Resolution No. 2009- Tract Map No. 31249, Village at Coral Mountain Adopted: October 20, 2009 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 20`h day of October 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (Seap APPROVED AS TO FORM: M. KATHERINE: JENSON, City Attorney City of La Quinta, California ATTACHMENT 1 TM 31249 VILLAGE AT CORAL MOUNTAIN 11 54TH AVENUE Iii LA QUWTA VRPW BLVD (NTH AVE) CINITY NOT TO SCALE CITY COUNCIL MEETING: October 20, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 31249, Village at Coral Mountain APPLICANT: Mr. Robert Rippe, Adobe Holdings, Inc. 111 m y ►� Desert Cardiology Consultants' Medical Group, Inc. HowhowerMedicol Center, Hal B. Wallia Building 41DESERT 39000 Bob Hope Drive, Rancho Mirage, CA 92270 CARDIOLOGY CENTER- Fax For Prescription Refills (760) 340-9152 Dawed Heart Care Spe=bsb Office (760) 346-0642 Name ` L2) e, �c� �cct (ivas �f it s czyldev 2,k_ esl htie�iccg ( (61�e, �ctM pAm,Q•7g BATARML PAC r-ULL:--Nu1907 ❑ BROM D. BHCRBRMAN, M.D. CA Lie # A4?660 QDAMONEKELSAY,MD. CALic.#G72172 UYesoNo LABEL LI THOMAS F. MURPHY, MD, CAIk#G22278 CA Lic. # G71629 UYeaUNo BPd•II.L I] EWM D. PAI)ru A, MD. ❑PHHMJ.PATE',L,MD. CA11c.0A78W ❑YesUNo G&MCBQUIVAUWrACCBPPABL6 ....•, 11 � ATTACHMENT 2 ADOBE HOLINGS, INC. P.O. Box 1396 La Quinta, Ca 92247-1396 (760) 702-0684 Fax (760) 347-0299 September 15, 2009 Mr. Timothy FL Jonasson, P.E. Public Works Director/City Engineer City of La Quinta P.O. Box 1504 La Quinta, Ca 92247-1504 RE: Tract Map No. 31249 — Village @ Coral Mountain Subdivision Improvement Agreement (SIA) for Off -Site and On -Site Improvements Dear Mr. Jonasson: Sent by U.S. Mail and Fax (760) 777-7101 The current SIA agreement expires on October 11, 2009, on Subject Property. I apologize for delay but I was committed to Eisenhower Facility for Triple By -Pass Surgery on May 15, 2009 and complication ensued with two Collapsed Lungs. (See attached -- Desert Cardiology Center) 2010. We respectfully request that an additional extension be granted to October 11, 1) The market for subject Residential Units, planned for this project, does not exist. 2) The Current first trust deed holder is not capable of funding at this time. Accordingly, we respectfully request formal approval by La Quinta City Council to extend deadline to October 11, 2010. cerely iE /'—' Robert E. Rippe, �1 ` D- Managing Member 4( n Exhibit: Desert Cardiology Center A cc: Project Tract Map 31249 Amy Wu, Assistant Engineer II 112 COUNCIL/RDA MEETING DATE: October 20, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 31249, Village at Coral Mountain, Adobe Holdings, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 9 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 October 11, 2010 for Traci: Map No. 31249, Village at Coral Mountain, Adobe Holdings, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Village at Coral Mountain (Tract Map No. 31249) is located south of Avenue 58 and west of Madison Street (Attachment 1). On October 11 , 2006, the City and Adobe Holdings, Inc. entered into an SIA for the Village at Coral Mountain. 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 sole discretion and ,... 114 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 October 16, 2007, the City Council adopted a resolution granting a time extension for the completion of the on -site improvements as specified in the SIA to October 11, 2008. On March 17, 2009, the City Council adopted a resolution granting a second time extension for the completion of the on -site improvements as specified in the SIA to October 11, 2009. In a letter dated September 15, 2009 (Attachment 2), the developer states that the market for the residential units planned for this project currently does not exist. In addition, the holder of the first trust deed is unable to fund the completion of the remaining on-siite improvements. The remaining on -site improvements include curb and gutter, sidewalk, curb ramps, catch basins, landscaping, signing, striping, and asphalt concrete pavement. The developer requests a time extension for the on -site improvements to October 11, 2010. Staff has prepared the attached resolution which provides for approval of the third 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 SIA to October 11, 2010 for Tract Map No. 31249, Village at Coral Mountain; 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 SIA to October 11, 2010 for Tract Map No. 31249, Village at Coral Mountain; or 3. Provide staff with alternative direction. 11u Respectfully submitted, Ti othy R. �on sso .E. ublic Works'Birect r ity Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Adobe Holdings, Inc. dated September 15, 2009 116 RESOLUTION NO. 2009- 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 OCTOBER 11, 2010 FOR TRACT MAP NO. 31249, VILLAGE AT CORAL MOUNTAIN WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31249, Village at Coral Mountain, on October 11, 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 compllete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by October 1 1, 2009, 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 October 11, 2010. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on October 1 1, 2010. 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. 117 Resolution No. 2009- Tract Map No. 31249, Village at Coral Mountain Adopted: October 20, 2009 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 20t" day of October 2009, 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 (Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California rr. 1 I g ATTACHMENT 1 TM ?101249 VILLAGE AT CORAL MOUNTAIN U QUWA `VICINITY NOT TO SCALE WORT ewu F56AVE). MAP CITY COUNCIL MEETING: October 20, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 31249, Village at Coral Mountain APPLICANT: Mr. Robert Rippe, Adobe Holdings, Inc. M 119 ATTACHMENT 2 ADOBE HOLINGS, INC. P.O. Box 1396 La Quinta, Ca 92247-1396 (760) 702-0694 Fax (760) 347-0299 September 15, 2009 Mr. Timothy R. Jonasson, P.E. Public Works Director/City Engineer City of La Quuita P.O. Box 1504 La Quinta, Ca 92247-1504 RE: Tract Map No. 31249 — Village Q Coral Mountain Subdivision Improvement Agreement (SIA) for Off -Site and On -Site Improvements Dear Mr. Jonwwn: Sent by U.S. Mail and Fax (760) 777-7101 The current SIA agreement expires on October 11, 2009, on Subject Property. I apologize for delay but I was committed to Eisenhower Facility for Triple By -Pass Surgery on May 15, 2009 and complication ensued with two Collapsed Lungs. (See attached -- Desert Cardiology Center) 2010. We respectfully request that an additional extension be granted to October 11, 1) The market for subject Residential Units, planned for this project, does not exist. 2) The Current first trust deed holder is not capable of funding at this time. Accordingly, we respectfully request formal approval by La Quinta City Council to extend deadline to October 11, 2010. ' cerely Robert E. Rippe, Managing Member Exhibit: Desert Cardiology Center — .Exx 'A n cc: Project Tract Map 31249 Amy Wu, Assistant Engineer 11 120 Desert Cardiology Consultants' Medical Group, Inc. EienhowerMedwd Center, Hal B. Wallis Building 4-ADESERT 39000 Bob Hope Drive, Fwr @ Mirage, CA 92270 CARDIOLOGY CENTER. Fax For Prescription Refills (760) 340-9152 Devoted! Heart Cage Specialists Office (760) 346-0642 4 L e 0I N(-a I ff cuts ccn�ev t?ac nd� t cw ( C'W'e Pa'., JAA-9 is 2WR 6 7u(y 3�`' (I / r L unwru�esArnasSai, eac-aw. u�Ne. tv6v ❑ BROM D. BECIaMON, M.D. CA LL # A4MW 0 DAWN E KBISAY, M.D. CA Lic.# G72172 o Yes U No LABEL 0 THOMAS R MUMN, M.D. CA Uc. #G22278 ❑ LES=D. PADILLA, M.D. CA Lac. # C7140 Oyes ONO REFILL 0PHILIPJ•PATII.M.D. CA Lie. #A7W aY®allo G34EWCBQ[EYAER4r ACCRPrABLE 121 COUNCIL/RDA MEETING DATE: October 20, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. :31627, the Residence Club at PGA West, Nadador, 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 March 31, 2010 for Tract Map No. 31627, the Residence Club at PGA West, Nadador, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Residence Club at PGA West (Tract Map No. 31627) is located south of Avenue 54, east of PGA Boulevard and west of Oaktree (Attachment 1). On April 15, 2004, the City and Nadador, LLC entered into a SIA for the Residence Club at PGA West. 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 sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the Improvements. " On September 18, 2007, the City Council adopted a resolution granting a time extension for the completion of the off -site improvements as specified in the SIA to August 30, 2008. On August 5, 2008, the City Council adopted a resolution granting a second time extension for the completion of the off -site improvements as specified in the SIA to September 30, 2009 with the exception of the perimeter wall and sidewalk improvements to be completed by January 2, 2009. The perimeter wall and sidewalk improvements have been completed. In a letter dated September 8, 2009 (Attachment 2), the developer states that delays on the project completion date have been caused by the continuing "slow down in sales absorption". The off -site improvements have been completed. The developer requests a time extension to March 31, 2010 to complete pending items for final acceptance of the off -site improvements, which include obtaining utility agency acceptance letters, preparing record drawings, and submitting warranty security. Staff has prepared the attached resolution which provides for approval of the third 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 off -site improvements as specified in the approved Subdivision Improvement Agreement to March 31, 2010 for Tract Map No. 31627, the Residence Club at PGA West; 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 March 31, 2010 for Tract Map No. 31627, the Residence Club at PGA West; or 3. Provide staff with alternative direction. go.. 1 % 3 Respectfully submitted, Ti othy R J na o , P.E. ublic Work Dir or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Nadador, LLC dated September 8, 2009 RESOLUTION NO. 2009- 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 MARCH 31, 2010 FOR TRACT MAP NO. 31627, THE RESIDENCE CLUB AT PGA WEST WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31627, The Residence Club at PGA West, on April 15, 2004; 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 30, 2009, 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 March 31, 2010. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on March 31, 2010. 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. 2009- Tract Map No. 31627, The Residence Club at PGA West Adopted: October 20, 2009 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 20" day of October 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California IAa1*Is VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 126 ATTACHMENT 1 TM '31627 RESIDENCE CLUB AT PGA WEST rn n rn N O Z N 0 m -+ r F" PW1 WEST P I r" 53rd AVENUE 54th AVENUE a v Z � AIRPORT BLVD. MR 58th AVENUE VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: October 20, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 31627, The Residence Club at PGA West APPLICANT: Mr. Terry Manley, Nadador, LLC ATTACHMENT 2 NADADOX LLC Sqftmbeil, M RlIz7ft P'lh rksVhww SEP 0 oty Z009 L* QW*k c Ffbr l fbr 'Exti3twen, art-Tnd 31 627 orta Mr. limaw, have evwien* a stmd it, the000pe ciub 0': $4-MV, V, RRM-M(W 4MM OWK I A OUMA4 CA 9UO - 7WA7-7=ffA 128 i' of La Qwnm 09te; xi :ymaC4»�r[de itirittfo� ty WOaMmi`proudofour prx*aAnd.it$ mpuytea ent impmv�nnnts Lurlud dig A ue 54 w W.look fotw W to Or ooi t mmi rolationshai wd �orit� to ti : iwvlcdpu ofpkr P-Mbet Rla -q*wwXiew 71, 'u.. 129 T4&f 4 4 a" COUNCIL/RDA MEETING DATE: October 20, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 31627, the Residence Club at PGA West, Nadador, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /0 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 30, 2010 for Tract Map No. 31627, the Residence Club at PGA West, Nadador, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATI None. BACKGROUND AND OVERVIEW: The Residence Club at PGA West (Tract Map No. 31627) is located south of Avenue 54, east of PGA Boulevard and west of Oaktree (Attachment 1). On April 15, 2004, the City and Nadador, LLC entered into a SIA for the Residence Club at PGA West. 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 sole discretion and when it deems 130 necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the Improvements. " On September 18, 2007, the City Council adopted a resolution granting a time extension for the completion of the on -site improvements as specified in the SIA to August 30, 2008. On August 5, 2008, the City Council adopted a resolution granting a second time extension for the completion of the on -site improvements as specified in the SIA to September 30, 2009 with the exception of the perimeter wall and sidewalk improvements to be completed by January 2, 2009. The perimeter wall and sidewalk improvements have been completed. In a letter dated September 8, 2009 (Attachment 2), the developer states that delays on the project completion date have been caused by the continuing "slow down in sales absorption". The developer requests a time extension to August 31, 2011 for the completion of the remaining on -site improvements. The remaining on -site improvements include completing the final paving lift for the interior streets, finishing the gate house at the entrance and setting monumentation. Staff has prepared the attached resolution which provides for approval of the third time extension of the SIA for the on -site improvements to September 30, 2010. 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 SIA to September 30, 2010 for Tract Map No. 31627, the Residence Club at PGA West; 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 SIAto September 30, 2010 for Tract Map No. 31627, the Residence Club at PGA West; or 3. Provide staff with alternative direction. 13 Respectfully submitted, i othy R. J n sson P.E. Public Works ' ecto ity Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Nadador, LLC dated September 8, 2009 1?? RESOLUTION NO. 2009- 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 30, 2010 FOR TRACT MAP NO. 31627, THE RESIDENCE CLUB AT PGA WEST. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31627, The Residence Club at PGA West, on April 15, 2004; 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 30, 2009, 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 30, 2010. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on September 30, 2010. 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. . 13 Resolution No. 2009- Tract Map No. 31627, The Residence Club at PGA West Adopted: October 20, 2009 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 201h day of October 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 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 131 ATTACHMENT 1 TM 31627 RESIDENCE CLUB AT PGA WEST P" WEST v 53rd AVENUE 54th AVENUE a v Z Z AIRPORT BLVD. m V! WEISKOPF 1 58th AVENUE ICINITY NOT TO SCALE CITY COUNCIL MEETING: October 20, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 31627, The Residence Club at PGA West APPLICANT: Mr. Terry Manley, Nadador, LLC ATTACHMENT 2 NADAD R, LLC Mr. Tznn.donasstiu Puhiia►vrks cjty 4TA 7$-496 Wo j),%mpico �•+ SEP p 9 20� La i�u�ute, CA 9�153+ �1°"�s Re:" Aeyt iix Exsiti Si�bi&sd1't�ip�_r.�np(1'�zv�teht A�—°�:�a+cf 31fii7 Dear Mr. Jcra�eor: =rm our pea h"88VMOUCOO it -fro fin dcx mdiii b&pad a r oonu+ ► tits ?' 4 Y AVetlttG?+ now cmrtpte waliftAwrifuL dn� I�dquest�►cxtm�si�x+-firfi+#ar�3h.�4Y0 « :Fitraluzg,--'�Fi>rAslpauie�l#�_i�t'�ri�eriorstreskilfti+e�Ciub 136 11 Nad oor, 5epttber &r 2WO" Tun% cw,, ofu Quin a yow COMMArado ofourrWeamw mudafonrptbjectmiii.i t+aaent impmvetnbnts_ delgdit t i A ue S4 W9 We look forward to out daft imted relit oxtsWp end wo ;tluau s io,ft.WWMSW compled©m of oMr P-rQj- ac; �Lrlatinc.Kien� 131 COUNCIL/RDA MEETING DATE: October 20, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 30023-6, Trilogy, Shea La Quinta, LLC RECOMMENDATI 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 December 31, 2009 for Tract Map No. 30023-6, Trilogy, Shea La Quinta, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Trilogy (Tract Map No. 30023-6) is located south of Avenue 60, north of Avenue 62, east of Madison Street, and west of Monroe Street (Attachment 1). On January 16, 2008, the City and Shea La Quinta, LLC entered into an SIA for Trilogy. 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 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. " In a letter dated September 21, 2009 (Attachment 2), the developer states that most of the improvements have been completed. The remaining improvements include completing the final lift of asphalt and raising manholes and valves. The developer requests a time extension for completion to December 31, 2009. Staff has prepared the attached resolution which provides for approval of the time extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved SIA to December 31, 2009 for Tract Map No. 30023-6, Trilogy; 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 SIA to December 31, 2009 for Tract Map No. 30023-6, Trilogy; or 3. Provide staff with alternative direction. Respectfully submitted, dothy . J nas o , P.E. Public Wo Dir oriCity Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Shea Homes, Inc. dated September 21, 2009 . 3q RESOLUTION NO. 2009- 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 DECEMBER 31, 2009 FOR TRACT MAP NO. 30023-6, TRILOGY WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 30023-6, Trilogy, on January 16, 2008; 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 January 16, 2009, 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 December 31, 2009. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on December 31, 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. 140 Resolution No. 2009- Tract Map No. 30023-6, Trilogy Adopted: October 20, 2009 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 201h day of October 2009, by the following vote, to wit: AYES: NOES: ABSENT: U-Slli"k DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California ISeaD APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 141 SITE w ry z O 0 a ATTACHMENT 1 TM 30023-6 TRILOGY CITY OF LA QUINTA TRACT 30023-6 AVENUE AVENUE .6 AVENUE VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: October 20, 2009 61 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 30023-6, Trilogy APPLICANT: Mr. Perry Devlin, Shea Homes, Inc. e� Trilogy® at La Quinta September 21, 2009 Mr. Timothy R. Jonasson, P.E. Public Works Director/City Engineer P.O. Box 1504 78495 Calle Tampico La Quinta, California 92253 ATTACHMENT 2 RECENED SEP 21 2009 Development Services Re: Tract Map No. 30023-6, Trilogy Subdivision Improvement Agreement (SIA), On -Site Improvements Dear Mr. Jonasson, I received your letter of September 1, 2009 today on the SIA referenced above. I regret that I was unaware of your prior letter of February 11, 2009. Most of the improvements within the -6 map are complete, though we are still in the process of raising manholes and valves after completing the final lift of asphalt within this phase. I am advised by our field personnel that this work is underway, and should be complete within about 30 days. Once completed, we will be in a position to request final acceptance from the City. For now, I would like to request an extension on the SIA through December 31, 2009 in order to allow us ample time to finish this work and do preliminary reviews to ensure that all work is complete before making our request to the City. I hope this is an adequate response to your letter. I am confident that we'll be able to complete all of our obligations by year end. Sincerely, evlin General Manager Trilogy at La Quinta Shea Homes, Inc. 60-800 Trilogy Parkway La Quinta, Ca. 92253 cc: Ed Wimmer, Development Services Principal Engineer Where dreams take, fli, Y Yu, Assistant Engineer II 60-800 Trilogy Parkway La Quinta, CA 92253 P: 760-777-6100 / F: 760-777-6119 www.Miogylife.com 14J Trllagy at La Qatnta is a commw ity by Shea LaQulnta, LLC, an Independent ntember of the Shea family of companies. Sales by Shea Hornes Mmimtng Company - Broher. Homes at IM Trilogy are mlended for occupancy by persons 55 years of age or older, .vith certain exceptions for ymmger persmrs as provided by lmv and tie governing covenants, conditions and u restrictions. T4hf 4 4 a" COUNCIL/RDA MEETING DATE: October 20, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 30023-7, Trilogy, Shea La Quinta, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /aI_ 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 December 31, 2009 for Tract Map No. 30023-7, Trilogy, Shea La Quinta, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Trilogy (Tract Map No. 30023-7) is located south of Avenue 60, north of Avenue 62, east of Madison Street, and west of Monroe Street (Attachment 1). On April 7, 2006, the City and Shea La Quinta, LLC entered into an SIA for Trilogy. 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 sole discretion and when it deems necessary, to 144 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 May 15, 2007, the City Council adopted a resolution granting a time extension for the completion of the on -site improvements as specified in the SIA to April 15, 2008. In a letter dated September 21, 2009 (Attachment 2), the developer states that the majority of the improvements have been completed. The developer is in the process of completing the remaining improvements, which include raising manholes and valves. The developer requests a time extension for completion to December 31, 2009. 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 SIA to December 31, 2009 for Tract Map No. 30023-7, Trilogy; 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 SIA to December 31, 2009 for Tract Map No. 30023-7, Trilogy; or 3. Provide staff with alternative direction. Respectfully submitted, T othy R on sso , P.E. ublic Wor rec or ity Engineer Approved for submission by: /'� Thomas P. Genovese, City Manager 145 Attachments: 1 . Vicinity Map 2. Letter from Shea Homes, Inc. dated September 21, 2009 146 RESOLUTION NO. 2009- 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 DECEMBER 31, 2009 FOR TRACT MAP NO. 30023-7, TRILOGY WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 30023-6, Trilogy, on April 7, 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 April 15, 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 December 31, 2009. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on December 31, 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. ._ 147 Resolution No. 2009- Tract Map No. 30023-7, Trilogy Adopted: October 20, 2009 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 20th day of October 2009, 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 (Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 143 R w F- z O 0 a ATTACHMENT 1 TM 30023-7 TRILOGY CITY OF LA QUIVTA TRACT 30023-7 AVENUE / 60 AVENUE 61 VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: October 20, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 30023-7, Trilogy APPLICANT: Mr. Perry Devlin, Shea Homes, Inc. 149 Triloo=�) y at La Quinta September 21, 2009 Mr. Timothy R. Jonasson, P.E- Public Works Director/City Engineer P.O. Box 1504 78-495 Calle Tampico La Quinta, California 92253 ATTACHMENT 2 ti.1L_'C3 Re: Tract Map No. 30023-7, Trilogy Subdivision Improvement Agreement (SIA),On-Site Improvements Dear Mr. Jonasson, I received a copy of your letter of January 16, 2009 to Jeff Davies today on the SIA referenced above. This is to advise you that while the majority of the on -site obligations are complete, we are still in the process of raising manholes and valves and should be complete with that work within about 30 days. If a formal Council extension is necessary under the circumstances, then I would like to request such an extension through December 31, 2009 in order to provide ample time to finish this work and conduct an internal review to ensure that all work is complete before making our request to the City for final approval. I regret the late response to this letter, as we have been going through some staffing reductions, and Jeff was involved in a transfer around the time that the letter was originally sent. I hope this is an adequate response, and I am confident that we'll be able to complete all of our off -site obligations under the SIA by year end. Sincerely J i Devlin General Manager Trilogy at La Quinta Shea Homes, Inc. 60-800 Trilogy Parkway La Quinta, Ca. 92253 Where dreams take flight. 60-800 Trilogy Parf&ayd Wimmer, Development Services Principal Engineer La Quinta, CA 92253 Amy Yu, Assistant Engineer II P: 760-777-6100 / F: 760-777-6119 www.trilogylife.com 150 Trilogy at La Quinta is n comruunity by Shea LaQuinln, LLG an ardepende it membn- of the Shea fandly of tomlainies. Sales by Shea Homes Marketing Cornpmry . Broker Homes at !—1 Trilogy are intended for occupancy by persons 55 years of age or older, with certain eoccgdoas for yvmro r persou as provided by bmv and die governing cosrrmnts, conditimu andm5E u resirbctons. aA..e.... Tit!t 4 4 a" COUNCIL/RDA MEETING DATE: October 20, 2009 ITEM TITLE: Acceptance of Off -Site Improvements Associated with Tract Map No. 31310, Desert Cove, 48" and Adams, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: _Av STUDY SESSION: PUBLIC HEARING: Accept off -site improvements associated with Tract Map No. 31310, Desert Cove, 48' and Adams, LLC and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: Acceptance of the off -site improvements will impact the General Fund as follows: Catch basin maintenance is estimated to be $250 annually. The maintenance cost is covered under the current Public Works department budget for storm drain maintenance. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31310, Desert Cove, is located east of Adams Street and north of Avenue 48 (Attachment 1). The improvements include curb and gutter, sidewalk, curb ramps, asphalt concrete pavement, landscaping, signing, striping, and a catch basin. All obligations of the Subdivision Improvement Agreement (SIA) have been satisfied. Attachment 2 indicates the amount of the warranty security. 151 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the off -site improvements associated with Tract Map No. 31310, Desert Cove, 48`h and Adams, LLC and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the off -site improvements associated with Tract Map No. 31310, Desert Cove, 48`h and Adams, LLC and do not authorize staff to release performance securities. Do not direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, I A�t�� T othy R Jo ass n, P.E. ublic Wor ire /City Engineer Approved for submission by: /3"/ Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security Exhibit 152 ATTACHMENT 1 TM 31310 DESERT COVE VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: October 20, 2009 ITEM TITLE: Acceptance of Off -Site Improvements Associated with Tract Map No. 31310, Desert Cove APPLICANT: Mr. Michael Shovlin, 481" and Adams, LLC ATTACHMENT 2 WARRANTY SECURITY Tract Map No. 31310 — Off -Site Improvements Development Name: Desert Cove OFFSITE IMPROVEMENTS Performance Security' Improvement Description Labor & Materials' Original Amount Proposed Reduction WARRANTY AMOUNT' Off -Site Street Improvements $10,490 $10,490 90% $1,049 Landscape (Parkway) $147,660 $147,660 90% $14,766 Perimeter Wall $66,000 $66,000 90% $6,600 Meandering Sidealk 8ft) $29,860 $29,860 90% $2,986 Monumentation - - - - Standard 10% Contingency $25,400 $25,400 1000/0 $0 Professional Fees, Design (2%) $5,590 $5,590 1000/0 $0 Professional Fees, Construction (10%) $5,590 $27,940 1000/0 $0 No Plans Contingency (10%) $27,940 $27,940 1000/0 $0 Totals 318,530 340,880 25A01 ' Performance Security shall be released immediately upon City Council acceptance s 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. 15 =) COUNCIL/RDA MEETING DATE: October 20, 2009 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 31310, Desert Cove, 48`" and Adams, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept on -site improvements associated with Tract Map No. 31310, Desert Cove, 48`h and Adams, LLC and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31310, Desert Cove, is located east of Adams Street and north of Avenue 48 (Attachment 1). The improvements include curb and gutter, sidewalk, curb ramps, asphalt concrete pavement, landscaping, signing, striping, and catch basins. All obligations of the Subdivision Improvement Agreement (SIA) have been satisfied. Attachment 2 indicates the amount of the warranty security. '] b ;1 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the on -site improvements associated with Tract Map No. 31310, Desert Cove, 48`h and Adams, LLC and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the on -site improvements associated with Tract Map No. 31310, Desert Cove, 48`h and Adams, LLC and do not authorize staff to release performance securities. Do not direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, 4Ti othy R Jo an P.E. blic Wor ire ss r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security Exhibit ATTACHMENT 1 TM 31310 DESERT COVE NOT TO SCALE CITY COUNCIL MEETING: October 20, 2009 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 31310, Desert Cove APPLICANT: Mr. Michael Shovlin, 48t" and Adams, LLC 157 ATTACHMENT 2 WARRANTY SECURITY Tract Map No. 31310 — On -Site Improvements Development Name: Desert Cove ON -SITE IMPROVEMENTS Performance Security' Improvement Description Labor & Materials2 Original Amount Proposed Reduction WARRANTY AMOUNTS Grading - - - - On -Site Street Improvements $156,030 $156,030 90% $15,603 Precise Grading $166,040 $166,040 90% $16,604 Domestic Water $88,950 1 $88,950 90% $8,895 Sanitary Sewer $87,180 $87,180 90% $8,718 Dry Utilities $90,000 $90,000 90% $9,000 Monumentation - $10,000 100% $0 Standard 10% Contingency $58,820 $59,820 100% $0 Professional Fees, Design (2%) $12,940 $13,160 100% $0 Professional Fees, Construction (10%) $12,940 $65,800 100% $0 No Plans Contingency (10%) $64,700 $65,800 100% $0 ToGIsj $737,600 1 $802,780 1558,820 ' 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. 153 Tjhf 4 4 a" COUNCIL/RDA MEETING DATE: October 20, 2009 ITEM TITLE: Acceptance of State Funding in the Amount of $10,215 from the California Office of Traffic Safety (OTS) RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 16' STUDY SESSION: PUBLIC HEARING: Approve the acceptance of State funding in the amount of $10,215 from the California Office of Traffic Safety (OTS) for sobriety checkpoints. This program is administered through the University of California Berkley Traffic Safety Center. (Attachment 1) FISCAL IMPLICATIONS: The City has established a revenue account (101-1000-335-.55-00) to accept the funding and a corresponding expenditure account (101-5054-421.36-50) to track allocations. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The University of California Berkley Traffic Safety Center, serving as grant administrator for The California Office of Traffic Safety (OTS), has announced the award of mini -grant funds for sobriety checkpoints during the period of October 1, 2009 to September 8, 2010. The goal of the Sobriety Checkpoint Program for Local Law Enforcement Agencies is to reduce the number of victims killed and injured in alcohol -involved crashes in cities participating in the program. The period of time covered in the grant specifically addresses two periods significant in numbers of 159 covered in the grant specifically addresses two periods significant in numbers of occurrences for these types of incidents. These periods are the Winter Holiday Mobilization Period (December 16, 2009 to January 3, 2010) and the Labor Day Mobilization Period (August 20, 2010 to September 6, 2010). The La Quinta Police Department has been awarded a total of $10,215 to be used to fund two sobriety checkpoints in La Quinta. The grant specifies that one of the checkpoint dates must fall within each of the designated mobilization periods. The grant is designed to cover personnel costs for the checkpoints, while the agency covers other indirect costs such as vehicles, equipment and booking fees (if any). Sergeant David Walton, supervisor of the La Quinta Police Traffic Team, has been assigned to implement the checkpoints under the guidelines specified in the grant and prepare the necessary documentation. Further information will be provided once the dates for the checkpoints have been finalized. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: 1. Approve the acceptance of State funding in the amount of $10,215 from the California Office of Traffic Safety (OTS) to be used for sobriety checkpoints.; 2. Do not accept the available funding from the State. 3. Provide staff with alternative direction. Respectfully submitted, Bret Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager to'. . 160 Attachment: 1. California Office of Traffic Safety - Sobriety Checkpoint Mini - Grants announcement 161 STATE OF CALIFORNIA BUSINESS. TRANSPORTATION AND HOUSING AGENCY ATTACHMENT 1 ARNOLD SCHWARZENEGGER. GOVERNOR DALE E. BONNER SECRETARY OFFICE OF TRAFFIC SAFETY 2MO KAUSEN DRIVE. SUITE 300 ELK GROVE. CA 9S756 www.ots.ca.gov (916) 5093030 (669) 735.2929 (ITlrDD•Re(erral) (916) W93055 (FAX) September 17, 2009 David Walton, Sergeant Riverside County Sheriffs Department 82-695 Dr. Carreon Boulevard La Quinta, CA 92201 Dear Sergeant Walton: or riirele OAFITI Grant No. SCIO208 Congratulations! Through a competitive process, the Office of Traffic Safety (OTS) has tentatively approved your funding request for the proposal titled "Sobriety Checkpoint Mini -Grant Program" amount of $10,215.22. The approval is for the operation of up to 2 checkpoints in La Quinta.in the period, October 1, 2009, to September 8, 2010. The maximum allowed cost per checkpoint is $5,107.61. - The University -of California Berkeley, Traffic Safety Center (TSC), who is administering the mini -grants for OTS, will e-mail a mini -grant contract to the contact listed on the application. Please have the Authorizing Official and any additional individuals authorized to sign claims return a signed contract to TSC no later than October 1, 2009. It is our goal to have all new grants start no later than October 1, 2009. TSC will issue you a copy of the signed mini -grant contract. If you must get approval from a City Council or the Board of Supervisors, you should begin that process now. Do not incur costs prior to the receipt of your copy of the signed grant from TSC. For your reference, the Catalogue of Federal Domestic Assistance (CFDA) number is 20.600. Again, congratulations on the success of your proposal. If you have any questions, please contact Sharleen Rauch, TSC Program Coordinator at (510) 643-1774 or by e-mail at checkpoint@berkelev.edu. Sincerely, A CjL 4 CHUSTOPHER J. MURPHY Director CM:kn 16 TU!t 4 4 a" COUNCIL/RDA MEETING DATE: October 20, 2009 ITEM TITLE: Authorization of Overnight Travel for One Member of the City Council to Attend the National League of Cities 2009 Congress of Cities to be Held November 10-14, 2009 in San Antonio, Texas RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 10 STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for one member of the City Council to attend the National League of Cities 2009 Congress of Cities to be held November 10- 14, 2009 in San Antonio, Texas. FISCAL IMPLICATIONS: The Fiscal Year 2009-2010 Budget has allocated funds for travel, training and meetings for the City Council. Funds for this conference attendance are available in the Legislative Program's Travel, Training and Meetings Account W 01 -1001 -411.51- 01). Expenditures for this conference are estimated as follows: Registration $ 515 Travel (flight, ground transportation and parking) $ 520 Meals (5 days x $75) $ 375 TOTAL $1,410 CHARTER CITY IMPLICATIONS: I01GM 1 16v BACKGROUND AND OVERVIEW: The National League of Cities will be holding their annual Congress of Cities, entitled "Navigating Through Economic Recovery" at the Henry B. Gonzalez Convention Center in San Antonio, Texas, November 10-14, 2009. The conference will feature a variety of sessions and discussion forums on topics such as, Economic Development, Infrastructure, Public Finance, Public Safety, Sustainability, and Implementing Policies and Programs. Mayor Pro Tern Henderson has expressed an interest in attending this conference. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for one member of the City Council to attend the National League of Cities 2009 Congress of Cities to be held November 10-14, 2009 in San Antonio, Texas; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, 0" `� Uj - &&, Wanda P. Wise -Latta, Executive Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Announcement — National League of Cities 2009 Congress of Cities 1614 National League of Cities NATIONAL LEAGUE OF CITIES ATTACHMENT 1 Strengthening & promoting cities as centers of opportunity, leadership, and governance About Cities I Advocating For Cities I Resources For Cities I Inside NLC I Conferences & Training I Newsroom Topics Home: Conferences Events: Congress of Cities Exposition: Marketing Language II In this Section Congress of Cities Program Overview Frequently Asked Questions Registration and Housing Exhibiting and Sponsorship Mobile Workshops Constituency Groups Activity Fees Spouse and Guest Tours Congress of Cities Online Home 2009 Congress of Cities and Exposition The Ideal Meeting for Local Leaders "The National League of Cities is a well -respected organization nationally and locally, and NLC conferences are where substance meets action for city officials and staff," said Ralph Becker, mayor of Salt Lake City. "They are where the people doing the work of cities gather to share and learn." What is the Ideal National Meeting for Local Leaders? Speaker Database Learn what makes this the ideal meeting for municipal leaders and city staff focused on: Economic Development, Form Infrastructure, Public Finance, Public Safety, Sustainability, Implementing Policies and Programs. Gick here to Contact Information learn how to make the meeting you very own mini-conferenre by focusing just on the issues and skIlls- S" I �;:;�x i "". ,.;,:,; development you need. If you could create an ideal national meeting for a local leader, what would it look like? What would make it the one national meeting you had to attend in order to gather all the information you needed to help your city survive and thrive in a time of economic crisis? What would this meeting include? Would it include: • Thousands of elected and appointed officials from across the country who are gathered in one place and primed to share great ideas and best practices? • Substantive workshops featuring content experts and experienced city officials and staff sharing the latest information on solutions to the challenges that affect your city as well as the most up-to-date facts and analysis of national and regional trends that are shaping your community? to Professional development trainings that address your concerns and strengthen your skills as a leader? to The ability to ask your questions about what is happening in federal programs and agencies that will impact your city from people who work closely with White House and Congressional staff members on the issues that matter to you as a local leader? • The chance to learn about and sign-up for programs —like prescription drug discount programs and purchasing alliances —that can save your city hard -cash? to The opportunity to compare costs and services among hundreds of vendors who serve the needs of cities? The opportunity to compare costs and services among hundreds of vendors who serve the needs of cities? • The ability to ask city staff about the challenges they faced in implementing model programs? Your ideal national meeting already exists; it's the 2009 Congress of Cities & Exposition. The 2009 Congress of Cities & Exposition includes: • More than 4,000 participants including more than 2,000 elected and appointed officials and city staff who will converge in San Antonio, Tex. from November 10-14. • More than 30 workshops on topics critical to municipalities with some workshops directed at policy .to.. . .16 I" J http://www.nlc.org/CONFERENCES_EVENTS/CONGRESS—OF—CITIESEXPOS... 10/14/2009 National League of Cities Page 2 of 2 makers and others created especially for those who implement programs. Click here for a full list of workshops by date or select a topic area above to see workshops specifically addressing that topic area. • More than 20 Leadership Training Institute Seminars offering in depth professional development and skills training. • National League of Cities staff who will be available at the member services booth in the exposition hall, in workshops as speakers and through -out the conference to answer your questions about what is happening across the national and on the Hill that impacts cities. • An NLC member services booth in the exposition hall where you can sign your city up for critical programs and services that will save your city money. • An Exposition Hall with more than 200 vendors offering services and products that support cities. • Opportunities to view model programs and ask questions of the city staff who implement them at the City of San Antonio's Mobile Workshops AND the 2009 City Showcase. For more information about what makes the upcoming 2009 Congress of Cities the ideal national meeting, read the following NCW articles: • Congress of Cities Gives Local Leaders Opportunity to Connect • 2009 Congress of Cities Offers Something for Everyone • Mobile Workshop Profile: Haven for Hope • Mobile Workshop Profile: Designing World Class Parks To register or for more information about the 2009 Congress of Cities and Exposition, visit www.niccongressofcities.org. National League of Cities 1301 Pennsylvania Avenue NW Suite 550 • Washington, DC 20004 Phone:(202) 626-3000 , Fax:(202) 626-3043 info@nlc.org , www.nlc.org Privacy Policy 166 http://www.nic.org/CONFERENCES_EVENTS/CONGRESS_OF_CITIES EXPOS... 10/14/2009 2009 Congress of Cities Program Overview Page 1 of 6 NATIONAL LEAGUE OF CITIES Sea"" Strengthening & promoting cities as centers of opportunity, leadership, and governance About Cities I Advocating For Cities I Resources For Cities I Inside NLC I Conferences & Training I Newsroom Topics Home: Conferences Events: Congress of Cities Exposition: Congress of Cities Program In this Section Congress of Cities Program Overview Frequently Asked Questions Registration and Housing Exhibiting and Sponsorship Mobile Workshops Constituency Groups Activity Fees Spouse and Guest Tours Congress of Cities Online Home 2009 Congress of Cities Program Overview • Program Schedule • General Sessions • Leadership Training Institute Seminars • Workshops < Workshop content is developed through the summer prior to conference. Preliminary workshop titles and schedule are below> r Speaker Database Praise for the 2008 Congress of Cities: Form 'The 2008 Congress of Cities and the National League of Cities both proved once again that the value gained is just that ... a true value to elected officials. The educational element is focused on the issues that we all face and Contact Information with man o otumities to talk to others about common problems and how to deal with them." Y PP 2008 Congress of Cities Attendee "The one thing that holds true year after year is community size is a non -issue. We are all faced with pretty much the same issues." 2008 Congress of Cities Attendee Program Schedule (Subject to change. Schedule as of 5/18/2009) Tuesday -Nov. 10Wednesday-Nov. Pre-conf day) 11Thursday-Nov. Pre-conf day) 12 Main Con Friday-Nov.13Saturday-Nov.14 Main Con Main Con Leadership Training Leadership Opening General General Session Morning General Institute Seminars Training Institute Session Conference Session Seminars Workshops Conference Board of Directors Conference Exposition and City Workshops and Advisory Council Workshops Showcase Delegates Luncheon Meetings Exposition and City Constituency and Ends 2:15 p.m.) Policy Committee Showcase Special Group Annual Business Meetings Mobile Workshops Meetings and Events Meeting Constituency and 3tate League State League Host City Closing Special Group Municipal Events Municipal Events Event Meetings and Events onstituency and Mobile Workshops ipecial Group Member Meetings and Fair/Attendee Events Orientation Welcome Reception and Exposition Opening Opens 6:30 p.m.) ity Showcase enin 2009 Congress of Cities & Exposition Preliminary Workshop List ... 167 http://www.nlc.org/CONFERENCES_EVENTS/CONGRESS_OF_CITIESEXPO S... 10/14/2009 2009 Congress of Cities Program Overview Page 2 of 6 Thursday, November 12 1:00 p.m. — 2:30 p.m. • Climate action: putting you city on the map • Democracy online: new technologies for citizen engagement • Doing more with less: getting better results for children and families • Downtown revitalization: a key to sustaining your city's economy • Leading and communicating in a time of crisis • Surface transportation reauthorization 3:00 p.m. — 4:30 p.m. • An educated choice: school district partnerships that pay off for cities • Everything old is new again: strategies for reinventing your local economy • Future of public sector pensions • How to move freight in your communities • Green jobs: preparing for the new economy • Predictive and intelligent policing • The rise of media resources for immigrant communities Friday, November 13 11:00 a.m. — 12:30 p.m. • Green affordable housing • Helping your city cope during the fiscal crisis • Increasing access to alternative forms of transportation • Local strategies to promote innovation and entrepreneurship • Product stewardship • Promising approaches to prevent youth and gang violence • Top plays of the day: great ideas for children, youth and families 2:30 p.m. — 4:00 p.m. • Building a model sustainable community after disaster • Green building practices • Health care reform and cities • Innovations in workforce development • More than meets the eye: bringing investment into previously overlooked markets • Sustainable water infrastructure • Veterans' healthy homing Saturday, November 14 10:45 a.m. — 12:15 a.m. • Increasing government efficiency through technology • Localfoods • Practical strategies for attracting local investment • Transit -oriented development General Sessions Thursday, November 12 Watch the website for updates on Thursday's general session speaker. Friday, November 13 Watch the website for updates on Friday's general session speaker. Saturday, November 14 Saturday Opening Session Ed Begley, Jr. Actor, Author and Environmental Activist Host of "Living with Ed" on HDTV, Ed Begley, Jr. will address attendees of the 2009 Congress of Cities and Exposition on sustainability during the Saturday, November 14, morning general session. '.�. 163 http://www.nlc.org/CONFERENCESEVENTS/CONGRES S_OF_CITIESEXPOS... 10/ 14/2009 2009 Congress of Cities Program Overview Page 3 of 6 For more than 37 years, Begley has practiced living the green life and speaks eloquently of its benefits to individuals and communities. Explains Begley on a video from the website htto://livingwithed net, even those skeptical of the role of human activity in climate change will find benefits from green action. At a minimum, people will see the benefits of cleaning up the air in heavily populated cities, putting money in their own pocket thanks to the long-term financial benefits of green actions and lessening dependence on foreign oil. Saturday Delegate Luncheon Speaker: Doris Kearns Goodwin Pulitzer Prize Winning Author and Historian Influential political author and historian, Doris Kearns Goodwin, will address 2009 Congress of Cities attendees on the subject. of leadership in times of crisis during the closing general session on November 14. Goodwin's books provide insight and historical perspective on politicians past that are being studied by today's political leaders. Her most recent work, a monumental history of Abraham Lincoln entitled Team of Rivals: The Political Genius of Abraham Lincoln, published in October 2005, joined the best-seller lists on its first week in publication, and soon reached #1 on the New York Times Best -Seller List. Register now to take advantage of the early, early bird rate (valid thru June 19) for the 2009 Congress of Cities to be held November 10-14 in San Antonio, Texas. Leadership Training Institute Seminars LTI Registration Opens June 11t Register at https://reg.jspargo.com/cocO9/. For instructions on how to register for LTI Seminars if you have already registered for the Congress of Cities, see instructions below. For full seminar descriptions click here. FULL -DAY SEMINARS TUESDAY, November 10, 2009 LOI: Local Action for Sustainable Economic Renewal 9:00 am-5:00 pm Registration Fee: $180 Competency: Competent Practitioner Instructor: Gwendolyn Hallsmith, Director, Planning and Community Development, Montpelier, Vermont MORNING SEMINARS Tuesday, November 10, 2009 L02: Desperate Times Call for Desperate Measures: Building Community in Today's Economy 9:00 am — 12:00 pm Registration Fee: $120 Competency: Collaborator Instructors: Marlene A. Pontrelli, Attorney, Mariscal, Weeks, McIntyre & Friedlander, P.A., Phoenix, Arizona Barb Carter, former Council Member, Tempe, Arizona L03: Understanding and Effectively Using the New Media 9:00 am — 12:00 pm Registration Fee: $120 Competency: Communicator Instructor: Lindsay Strand, President, Lindsay Strand Associates, Minnetonka, Minnesota L04: The Policymaker's Role in Creating Healthy Communities: What's Health Got to Do with It? 9:00 am-12:00 pm Registration Fee: $120 Competency: Catalyst Instructor: Linda Shak, Program Manager, Prevention Institute, Oakland, California L05: Managing Your Time as a Municipal Leader 169 http://www.nlc.org/CONFERENCES_EVENTS/CONGRESS_OF_CITIESEXPOS... 10/14/2009 2009 Congress of Cities Program Overview Page 4 of 6 9:00 am — 12:00 Noon Registration Fee: $120 Competency: Cornerstone Instructor: David Peter Stroh, Principal, Bridgeway Partners, Brookline, Massachusetts AFTERNOON SEMINARS Tuesday, November 10, 2009 L06: Sustainability 101: Going Green and the Local Elected Officials Role 1:30 pm — 5:00 pm Registration Fee: $120 Competency: Competent Practitioner Instructor: Sara Pesek, Director, Environmental Finance Center at Syracuse University, Syracuse, New York L07: Media Messaging: Building the Right Media Message 1:30 pm-5:00 pm Registration Fee: $120 Competency: Communicator Instructor: Lindsay Strand, President, Lindsay Strand Associates, Minnetonka, MN L08: City Leaders Who Make a Difference 1:30 pm — 5:00 pm Registration Fee: $120 Competency: Catalyst Instructor: James H. Svara, Professor, School of Public Affairs, Arizona State University Back to Top L09: Staying Sane and Finding Your Game: Handling Conflicts in the Public Eye 1:30 pm — 5:00 pm Registration Fee: $120 Competency: Collaborator Instructor: Eric S. Trogdon, Mediator, Trainer and Author, STEPS Canada, Burlington, Ontario, Canada L10 — Public Sector Leadership: Stewards of the Common Good 1:30 pm — 5:00 pm Registration Fee: $120 Competency: Cornerstone Instructor: Bill Grace, Grace and Associates, Bellevue, Washington FULL -DAY SEMINARS Wednesday, November 11, 2009 LIl — A Foundation of Success: Build a Better Understanding of Yourself and Others 9:00 am — 5:00 pm Registration Fee: $180 Competency: Cornerstone Instructor: Joshua A. Sky, President, The Sky's the Limit Consulting, Inc., Estero, Florida L12 — Effective Councils and Boards: Avoiding the Board Trap 9:00 am — 5:00 pm Registration Fee: $180 Competency: Collaborator / Competent Practitioner Instructor: Dr. Eddie Holloway, President, Holloway and Associates, Hattiesburg, Mississippi MORNING SEMINARS Wednesday, November 11, 2009 L13 — Building Public Trust through Performance Leadership 9:00 am — 12:00 pm Registration Fee: $120 Competency: Cornerstone Instructor: Kevin Baum, Founder and Principal, InCentergy, Austin,Texas L14 — Leadership in Changing Communities: The Impact of Paradigms upon Perceptions 9:00 am — 12:00 Noon Registration Fee: $120 170 http://www.nlc.org/CONFERENCES_EVENTS/CONGRESS_OF_CITIESEXPOS... 10/ 14/2009 2009 Congress of Cities Program Overview Page 5 of 6 Competency: Collaborator Instructor: Claude Hurst, President, C.H. Hurst Associates, Inc., Miramar, Florida L15: Advocating for Your City: The Art of Persuasion 9:00 am — 12:00 Noon Registration Fee: $120 Competency: Communicator Instructor: John Daly, Ph.D., Professor, College of Communication, University of Texas at Austin, Austin, Texas L16 — Local Government Finance: Guarding the Public Checkbook 9:00 am — 12:00 Noon Registration Fee: $140 Competency: Competent Practitioner Instructor: Len Wood, President, The Training Shoppe, Rancho Palos Verdes, California AFTERNOON SEMINARS Wednesday, November 11, 2009 L17 —How to Inject Innovation into Local Government 1:30 pm-5:00 pm Registration Fee: $120 Competency: Catalyst Instructor: Patrick Ibarra, Co -Founder & Partner, The Mejorando Group, Glendale, Arizona L18 — Leading with the Brain in Mind 1:30 pm — 5:00 pm Registration Fee: $120 Competency: Cornerstone Instructor: Harold Suire, CEO, ERI Services, Inc., Baton Rouge, Louisiana L19 — The Communicator: Using Likeability and Storytelling to Connect with Constituents 1:30 pm — 5:00 pm Registration Fee: $120 Competency: Communicator Instructor: Bill Graham, Professional Speaker and Trainer, Graham Corporate Communications, Montclair, New Jersey L20 — Collaborative Ventures: Building a Vibrant Future in Your Community 1:30 pm — 5:00 pm Registration Fee: $120 Competency: Collaborator Instructor: Katherine Aguilar Perez, Executive Director, Urban Land Institute, Los Angeles District Council, Los Angeles, California L21: Leadership Luncheon 12:00 noon — 1:30 pm Registration Fee: $40 Moderator: Gene Schulter, Chair, Leadership Training Council, Alderman, Chicago, Illinois How Do I Register for LTI Seminars? I am already Registered for the Conference. - Uodateyouur registration Step 1 - Log on to the registration site using the link below. Step 2 - Scroll to bottom of the page. Step 3 - Click on "Make Changes to Your Current Registration" to make an addition to add seminars. Step 4 - Enter your email address in the field provided and your registration confirmation code. Step 5 - Scroll down to "LTI Seminars" and click the "Add/Modify LTI Seminars" link to make your selections. Click here to register: https://reg.jspargo.com/cocO9/ I have NOT Registered -for the Conference - follow the instructions below to register for_the conference first, then sign upfor LTI seminars. Step 1 - Log on to the registration site using the link below. Step 2 - Register for the Congress of Cities Conference. 171 http://www.nlc.org/CONFERENCES EVENTS/CONGRESS OF CITIES EXPOS... 10/14/2009 2009 Congress of Cities Program Overview Page 6 of 6 Step 3 - Obtain a confirmation code. * You will always need your email address and confirmation code to access your registration profile.* Step 4 - Scroll down to "LTI Seminars" and click the "Add/Modify LTI Seminars" link and make your seminar selections. Click here to register https://reg.jspargo.com/coc09/ National League of Cities 1301 Pennsylvania Avenue NW Suite 550 • Washington, DC 20004 Phone:(202) 626-3000 , Fax:(202) 626-3043 info@nlc.org • www.nlc.org Privacy Policy 172 http://www.nlc.org/CONFERENCES_EVENTS/CONGRESS_OF_CITIESEXPOS... 10/ 14/2009 Registration & Housing for the 2009 Congress of Cities Page 1 of 2 NATIONAL LEAGUE OF C[TIF_S search Strengthening & promoting cities as centers of opportunity, leadership, and governance About Cities i Advocating For Cities i Resources For Cities I Inside NLC I Conferences & Training i Newsroom Topics Home: Conferences Events: Congress of Cities Exposition: Registration and Housing copy In this Section Congress of Cities Program Overview Frequently Asked Questions Registration and Housing Exhibiting and Sponsorship Mobile Workshops Constituency Groups Activity Fees Spouse and Guest Tours Congress of Cities Online Home Speaker Database Form Henry B. Gonzalez Convention Center Registration and Housing Delegate Online Registration and Housing i Exhibitor Registration and Housing Housing Locations and Rates I Travel & Shuttle Info Contact Information Download Fax/Mail Registration Form zt 7'tMm7m.:m Have Registration Questions? Phone: 888-319-3864 or 703-449-6418 or email: nlcregandhousing@jspargo.com Registration for Leadership Training Institute Seminars and Mobile Workshops now available. Registration Type Early Rates (June 20-Sept. 30) Advance (Oct 1-Nov. 8) NLC Member City 410 515 Associate Member 410 515 SML Member City 510 655 Non-Member/Other 570 755 First Time Attendee 375 375 Special Rates Spouse/Guest 80 (not eligible for separate hotel room) Youth Delegate 100 (15- 18 years) Youth Delegate Chaperone 100 (Local elected officials not eligible) V Cancellation Policy: All requests must be received in writing, postmarked by October 20, 2009 and are subject to a $75 cancellation fee. No partial refunds will be made if you decide to not attend particular functions. No registrations or cancellations will be accepted by telephone. No cancellations will be accepted after October 20, 2009. Spouse/Guest Tour Registration Spouse/Guest Tour registration is not part of the official registration process for 2009 Congress of Cities. To register for spouse/guest tours, watch the website for updates beginning in late summer 2009. Spouse/Guest Registration General Registration allows the spouse/guest into all conference activities on the main prpograming 17; http://www.nlc.org/CONFERENCES_EVENTS/CONGRESS_OF_CITIESEXPOS... 10/ 14/2009 Registration & Housing for the 2009 Congress of Cities Page 2 of 2 days of the conference (does not include preconference events). Housing You must be registered for the conference to reserve a hotel room. Hotel selection options appear in the online registration process after all conference registration items have been made. Download Housing Map Hotel NLC Rate (Sgl /Db I/Trip/ Quad) Grand Hyatt 224 /224 /249 /249 Marriott Rivercenter 224 /224 /244 /264 Marriott Riverwalk 219 /219 /239 /264 Hilton Palacio Del Rio 219 /219 /239 /259 HyattRegency 221 /221 /246 /271 Menger Hotel 160 /160 /160 /160 Sheraton Gunter 189 /189 /189 /189 The Westin Riverwalk 237 /237 /257 / 277 Holiday Inn Riverwalk 184 /184 /194 /204 Transportation Travel Discounts American Airlines offers registered delegates a 5% discount on airfare Group Name: CONGRESS OF CITIES Valid Dates: 07Nov09-18Nov09 Auth. Number: A53N9AJ Continental Airlines offers up to 10%- Agreement Code: D18CE1 Z Code: ZTZX Valid Travel Dates: Nov. 7-17, 2009 Shuttles Airport Shuttle Shuttle transportation between the airport and all convention hotels is provided by SA Trans. Delegates can make reservations for the shuttle by logging into http://www.saairportshuttle.conV or by calling a SA Trans representative at (210) 281-9900. Cost for shared shuttle to and from the Henry B. Gonzalez Convention Center is $18.00 one way or $32.00 round trip. National League of Cities 1301 Pennsylvania Avenue NW Suite 550 , Washington, DC 20004 Phone:(202) 626-3000• Fax:(202) 626-3043 info@nlc.org • www.nlc.org Privacy Policy 174 http://www.nlc.org/CONFERENCES_EVENTS/CONGRESS_OF_CITIES_EXPOS... 10/14/2009 Twy� 4 4 a" AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: October 20, 2009 BUSINESS SESSION: ITEM TITLE: Acceptance of State Funding in the Amount of $16,913 from the California Office of CONSENT CALENDAR: Traffic Safety (OTS) STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the acceptance of State funding in the amount of $16,913 from the California Office of Traffic Safety (OTS) for Next Generation Click it Or Ticket award. This program is administered through the University of California Berkley Traffic Safety Center. (Attachment 1) FISCAL IMPLICATIONS: The City has established a revenue account (101-1000-335.55-00) to accept the funding and a corresponding expenditure account (101-5054-421.36-50) to track allocations. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The University of California Berkley Traffic Safety Center, serving as grant administrator for The California Office of Traffic Safety (OTS), has announced the award the Next Generation Click it Or Ticket program for increased seat belt use statewide for the period of November 17 - 30, 2009 and May 24 — June 6, 2010. The goal of the Next Generation Click it Or Ticket Program for Local Law Enforcement Agencies is to maintain a sustained enforcement presence statewide, promote 17 nighttime enforcements, and direct public information and enforcement towards persons who fail to use seat belts during the state and national mobilization periods. The La Quinta Police Department has been awarded a total of $16,913 to be used to fund two checkpoints in La Quinta. The grant specifies that the checkpoint dates must fall within each of the designated mobilization periods. The grant is designed to cover personnel costs for the checkpoints, while the agency covers other indirect costs such as vehicles, equipment and booking fees (if any). Sergeant David Walton, supervisor of the La Quinta Police Traffic Team, has been assigned to implement the checkpoints under the guidelines specified in the grant and prepare the necessary documentation. Further information will be provided once the dates for the checkpoints have been finalized. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: 1. Approve the acceptance of State funding in the amount of $16,913 from the California Office of Traffic Safety (OTS) to be used for seat belt checkpoints.; 2. Do not accept the available funding from the State. 3. Provide staff with alternative direction. Respectfully submitted, Bret M. Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. CIOTS — Click it Or Ticket Program announcement 2 17b STATE OF CALIFORNIA BUSINESS. TRANSPORTATION AND HOUSING AGENCY ATTACHMENT 1 ARNOLD SCHWARZENEGGER. GOVERNOR DALE E. BONNER. SECRETARY OFFICE OF TRAFFIC SAFETY 22M KAUSEN DRIVE, SURE 30D ELK GROVE, CA 95758 www.ots.ca.gov (916) 5093030 (8X) 735.2929 (MIDD-Referral) (916)509-9M(FA1) September 2, 2009 David Walton, Sergeant Riverside County Sherriffs Department 82-695 Dr. Carreon Boulevard Indio, CA 92201 Dear Sergeant Walton: Assigned Grant Code CT10208 Congratulations! Through a competitive process, the Office of Traffic Safety (OTS) has tentatively approved your funding request for the proposal titled "Click It or Ticket Mini -Grant Program" in the amount of $16,913.00. The approval is for the conducting of seat belt enforcement operations in La Quinta in the period, October 1, 2009 to September 8, 2010. The University of California Berkeley, Traffic Safety Center (TSC) who is administering the mini -grant funds for OTS, will e-mail a mini -grant contract to the contact listed on the application. Please have the Authorizing Official and any additional individuals authorized to sign claims return a signed contract to TSC no later than September 15, 2009. It is our goal to have all new grants start no later than October 1, 2009. The TSC will issue you a copy of the signed mini -grant contract. Pre -operational training sessions will be conducted throughout the state in early November to review the contract provisions and answer any questions. If you must get approval from a City Council or the Board of Supervisors, you should begin that process now. Do not incur costs prior to the receipt of your copy of the signed grant from TSC. For your reference, the Catalogue of Federal Domestic Assistance (CFDA) number is 20.600. Again, congratulations on the success of your proposal. If you have any questions, please contact Irene Kan, TSC Program Coordinator at (510) 643-5766 or by e-mail at nexteenciot@berkelev.edu. Sincerely, CJL OtUA CHRISTOPHER J. MURPHY Director CM:kn 177 T'Ibr4lw4�w COUNCIL/RDA MEETING DATE: October 20, 2009 ITEM TITLE: Approval of Second Reading and Adoption of Ordinance No 473 Creating the La Quinta Housing Commission RECOMMENDATION: Adopt Ordinance No. 473 on second reading. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: At its October 6, 2009 meeting, the City Council, Redevelopment Agency and Housing Authority adopted Resolutions approving Financing Agreements and, approved an appropriation of funds for the Housing Authority Board and Housing Commission. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On October 6, 2009, the City Council moved to take up Ordinance No. 473 by title and number only and waive further reading. The City Council further moved to introduce Ordinance No. 473 on first reading. The motion to introduce Ordinance No. 473 carried by the following vote: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None Ito..., 178 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt Ordinance No. 473 on second reading. 2. Do not adopt Ordinance No. 473 on second reading; or 3. Provide staff with alternative direction. Respectfully submitted, Approved for submission by: Thomas P. Genovese, City Manager 179 ORDINANCE NO. 473 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CREATING THE LA QUINTA HOUSING COMMISSION WHEREAS, by adoption of Resolution No. 2009-075, the City Council of the City of La Quinta ("City Council" or "City," as applicable) has established the La Quinta Housing Authority (the "Housing Authority"), in accordance with the California Housing Authorities Law (Health and Safety Code Sections 34200, etseq.); and WHEREAS, the City Council has declared itself to be the commissioners of the Housing Authority; and WHEREAS, Health and Safety Code Sections 34291 and 34292 provide that a governing body which has declared itself to be the commissioners of a housing authority may create a housing commission, whose function is to review and make recommendations on all matters to come before the housing authority prior to housing authority action, except emergency matters and matters which the commission, by resolution, excludes from its review; and WHEREAS, pursuant to the authority granted in Health and Safety Code Section 34291, the City Council now wishes to create the La Quinta Housing Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: 1. Establishment of Housing Commission. The City Council hereby creates the La Quinta Housing Commission (the "Housing Commission"). The Housing Commission shall consist of five (5) members, serving at the will of the Housing Authority. All of the members shall be residents of the City of La Quinta. Two (2) of the members shall be tenants of the Housing Authority, once the Housing Authority has tenants, and one (1) such tenant member shall be over sixty-two (62) years of age, if the Housing Authority has tenants over that age. 2. Compensation. Each commissioner shall be entitled to a per diem payment for attendance at not more than one (1) Housing Commission meeting per month at a rate of $50.00 per meeting. 3. Term. Each member of the Housing Commission shall serve a two (2) year term from the date of his or her appointment, with the exception that the initial appointments for the three (3) non -tenant commissioners shall be for a one (1) year term. 180 Ordinance No. 473 Creating Housing Commission Adopted: October 20, 2009 Page 2 4. Appointment and Removal of Members Filling of Vacancies. The members of the Housing Commission shall be appointed by the Housing Authority, at a regular Housing Authority meeting. If a tenant member ceases to be a tenant, he or she shall be disqualified from being a member and another tenant of the Housing Authority shall be appointed by the Housing Authority to fill the remainder of the unexpired portion of the term. The successor to a tenant member shall be a tenant of the Housing Authority. Vacancies from whatever cause shall be filled by a Housing Authority appointment, and any such appointment shall be for the remainder of the unexpired portion of the term. If a member of the Housing Commission absents himself from three (3) consecutive meetings or is convicted of a crime involving moral turpitude, his or her office shall become vacant, and shall be so declared by the Housing Authority. 5. Duties. The Housing Commission shall have the authority and the duty to review and make recommendations on all matters to come before the Housing Authority prior to Housing Authority action, except emergency matters and matters which the Housing Commission, by resolution, excludes from Housing Commission review. 6. Procedures for Review and Recommendation — Further Functions. Before a matter is acted upon by the Housing Authority, the matter shall be submitted to the Housing Commission for its review and recommendation. Within thirty (30) days after a matter is submitted to the Housing Commission for its review and recommendation, the Housing Commission shall make and file its report thereon with the Housing Authority. If the Housing Commission does not report upon the matter within thirty (30) days after its submission by the Housing Authority, the Housing Commission shall be deemed to have waived its review and recommendations concerning the matter and the Housing Authority may thereafter take action on the matter without the report of the Housing Commission. From time to time, the City Council may, by ordinance or resolution, amend the procedures set forth in this Section or provide for additional procedures for review and recommendation, and for further functions of the Housing Commission. 7. Records. Accurate and permanent records of the acts of the Housing Commission shall be kept, and such records shall have the same status as records of other administrative departments of the City. 8. Organization. The Housing Commission shall elect one of its members as Chairperson and such election shall be held as soon as practicable after each new term commences. The Housing Commission shall adopt such rules and regulations as it deems necessary to provide for its other officers and their method of selection, and for other matters relative to its work and administration. Minutes, resolutions and official records of the Housing Commission shall be filed with the City Clerk. 181 Ordinance No. 473 Creating Housing Commission Adopted: October 20, 2009 Page 3 9. Meetings. The Housing Commission shall provide by resolution for the time and place of holding their regular meetings. Special meetings may be called by the Chairperson or by two (2) commissioners, and notice thereof shall be mailed to each commissioner at least forty-eight (48) hours before the meeting. The Housing Commission shall supply to the City Council and/or Housing Authority, on request, such information relating to its activities as are public records. 10. Prohibited Interest of Commissioner. (A) No member of the Housing Commission shall acquire any direct or indirect interest in any housing project or any property included or planned to be included in any project, nor shall he or she have any direct or indirect interest in any contract or proposed contract for materials or services to be furnished or used in connection with any housing project. If he or she owns or controls a direct or indirect interest in any such property, he or she shall immediately make a written disclosure of it to the Housing Authority and such disclosure shall be entered upon its minutes. Failure to disclose his or her interest constitutes misconduct in office. (B) Nothing contained in this Section or any provision of the Housing Authorities Law shall be construed as precluding a tenant of the Housing Authority from serving as a commissioner of the Housing Commission, provided that the fact of such tenancy is disclosed to the Housing Authority in writing and entered upon its minutes immediately upon assuming office; not shall any provisions of this Section be construed as in any manner prohibiting the right of such tenant commissioner to exercise his or her full powers vested in his or her office. 11. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of La Quinta hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional 12. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its adoption. 13. Posting. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. 182 Ordinance No. 473 Creating Housing Commission Adopted: October 20, 2009 Page 4 PASSED, APPROVED and ADOPTED this 20" day of October 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney 183 Ordinance No. 473 Creating Housing Commission Adopted: October 20, 2009 Page 5 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. 473 which was introduced at a regular meeting on the 6`h day of October 2009, and was adopted at a regular meeting held on the 20t" day of October 2009, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution No. 2006-1 15. VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on October , 2009, pursuant to Council Resolution. VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California 184 w COUNCILIRDA MEETING DATE: October 20, 2009 AGENDA CATEGORY: - ITEM TITLE: Approval of a Professional Services BUSINESS SESSION: /4 Agreement (PSA) with Dudek to Prepare the Plans, CONSENT CALENDAR: Specifications and Engineer's Estimate (PS&E) of Probable Construction Costs for the Pioneer Park STUDY SESSION: _ Improvements, Project Number 2009-09 PUBLIC HEARING: RECOMMENDATION: Approve a Professional Services Agreement (PSA), in the amount of $44,765, with Dudek to prepare the plans, specifications and engineer's estimate (PS&E) for the Pioneer Park Improvements, Project Number 2009-09, and authorize the City Manager to execute the PSA. FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources: QUIMBY Funds Total Funding Available: The following is the anticipated project budget: Design Inspection/Testing/Survey: Construction: City Administration Contingency: Total: $504,366 $ 504, 366 $44,765 $36,494 $374,300 $18,712 $30,095 $ 504, 366 As illustrated, adequate funding is available to support staff's recommendation. 185 CHARTER CITY IMPLICATIONS: The project is 100% funded with locally generated QUIMBY funds. As such, the project will be bid as a non -prevailing wage improvement. BACKGROUND AND OVERVIEW: Pioneer Park is located in the southeast corner of the intersection of Miles Avenue and Seeley Drive (Attachment 1). The park currently has a small playground area and separate dog park areas for small dogs and large dogs. Access to the park is from Seeley Drive. The City commissioned a concept design study to develop alternatives for the installation of an onsite parking lot and expansion of the large dog park area. The proposed improvements include a new driveway from Seeley Drive, a 20-stall, paved parking lot, new sidewalks, drainage improvements, low-level landscape/walkway lighting, site furnishings, shade structures, and expansion of the large dog park area into the Coachella Valley Water District (CVWD) property set aside for a future well site northeast of the existing dog park areas. The expansion of the large dog park area will require the removal of existing fence and construction of new perimeter fence around the CVWD well site, installation of suitable turf sod and new turf irrigation. On April 21, 2009 the City Council adopted Resolution 2009-033 approving the Fiscal, Year 2009-2010 through 2013-2014 Capital Improvement Program (CIP) and making certain findings pursuant to Health and Safety Code Section 33445(a). The Pioneer Park improvements are included within the adopted CIP and scheduled for funding during Fiscal Years 2009-2010. On July 7, 2009, 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 Pioneer Park Improvements, Project Number 2009-09, and appointed a consultant selection committee. On August 19, 2009, the City received twenty-two (22) proposals for design of the Pioneer Park Improvements. Following its review, the consultant selection committee unanimously recommends Dudek be awarded a PSA to prepare the PS&E for the Pioneer Park Improvements, Project Number 2009-09. Contingent upon City Council approval of the PSA (Attachment 2) on October 20, 2009, the following is how the project is expected to proceed: 1t�o City Council Approves PSA October 20, 2009 Project Design (5 months) November 2009 — March 2010 Advertise the Project for Construction April 2010 Construction (4 months) May 2010 — August 2010 Accept Improvements September 2010 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve a PSA, in the amount of $44,765, with Dudek to prepare the PS&E for the Pioneer Park Improvements, Project No. 2009-09, and authorize the City Manager to execute the PSA; or 2. Do not approve a PSA, in the amount of $44,765, with Dudek to prepare the PS&E for the Pioneer Park Improvements, Project No. 2009-09; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. on sson, P E. Public Works erector ity Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Professional Services Agreement (PSA) 187 ATTACHMENT PIONEER PARK VICINITY MAP NOT TO SCALE 188 ATTACHMENT 2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Dudek ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to the Pioneer Park Improvements, Project No. 2009-09, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). Last revised 6-30-09 - - . 18� 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 Forty -Four Thousand Seven Hundred Sixty -Five Dollars ($44,765) (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 Last revised 6-30-09 - 2 - 190 and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (1Oth) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Last revised 6-30-09 - 3 - .... 191 3.4 Term. The term of this agreement shall commence on October 21, 2009 and terminate on August 31, 2010 (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: a. Frank J. Dudek, P.E., President b. Charles H. Greeley, P.E., Project Manager 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. Last revised 6-30-09 - 4 - 1V 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 AND INDEMNIFICATION. 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 (on the general liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. The following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -:VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,O0O,O0O (general aggregate) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability $1,0O0,000 (per claim and aggregate) Last revised 6-30-09 - 5 - 193 Workers' Compensation (per statutory requirements) 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. 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. 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. 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. Last revised 6-30-09 - 6 - 194 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from Last revised 6-30-09 - 7 - 195 others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. Last revised 6-30-09 - 8 - 196 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 paymentls) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1 . Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. Last revised 6-30-09 - 9 - 197 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements Last revised 6-30-09 - 10 - 198 with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. Last revised 6-30-09 - 11 - 199 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 Last revised 6-30-09 - 12 - 200 and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. Last revised 6-30-09 - 13 - 201 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Last revised 6-30-09 - t 4 - 202 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. Last revised 6-30-09 - 15 - 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: DUDEK Attention: Frank J. Dudek, P.E. President 605 Third Street Encinitas, CA 92024 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. Last revised 6-30-09 - 16 - 204 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: Dudek By: Name: RANK J. DUDEK, P.E. Title: President DateOY�- Last revised 6-30-09 - 1 7 - 205 Exhibit A Scope of Services The Consultant's Scope of Work, dated October 20, 2009, is attached and made a part herewith. Last revised 6-30-09 18 206 Exhibit A — October 20, 2009 City of La Quints Pioneer Park Parking Lot and Dog Park Improvements 1.1.1 Project Meetings We will begin the design related work through initiating a pre -design meeting with City staff to formalize the design approach. The meeting will be a review of project technical requirements and goals, design criteria, etc. and establish team roles, the communication process, contract management, and additional administrative tasks. We will meet with City staff during the development of the design and specifically request meetings at 50% (concept) and 90% completion. At the 50% complete meeting, we request a field inspection with preliminary plans in hand. At that meeting, any special construction or conflicts will be discussed. The Dudek project team will also attend a total of up to three (3) public meetings throughout the course of the project. These meetings will include as needed support for progress update presentations to both the Planning Commission and City Council. 1.1.2 Geotechnical Report Subsurface conditions will be explored for the project area by hand auger borings in approximately 3 locations. Fn incerin, Analyses and Report Three (3) bound copies of the geotechnical report will be provided 4 weeks after receipt of the signed contract. The report will describe the work performed and the subsurface soils conditions encountered, and present the findings along with the professional opinions regarding the project design. This report will address the following: • Surface and subsurface conditions in the project areas • Recommendations for pavement structural sections, earthwork, allowable bearing stresses, foundations, etc. 1.1.3 Topographic Survey and Base Map Preparation MSA Consulting will conduct field surveys to determine as -built field data to supplement existing topographic information previously procured by MSA for the project area. Topographic information for the project area will be acquired using ground survey equipment and property boundaries and easements will be plotted based on available record information. This effort will produce 40-scale base maps for the project area. MSA will provide necessary field note reduction for the ground survey, provide records research and analysis for property lines, rights -of -way and easements, and provide as -needed survey services to locate existing features. Vertical datum used for the survey will be coincident with vertical datum used for other City projects to assure integration with existing and future projects. 2u7 Using the digital and field verified information, Dudek will prepare a base map for the project area in AutoCAD 2008 format. The base map will include all above ground utilities (manholes, valves, meters, etc.) The base map will form the basis for the preparation of all plan sheets at a scale of I" = 40'. 1.1.4 Utility Coordination Using available utility maps obtained from utilities servicing the project area, Dudek will locate and plot the locations of existing utilities and points of connection. Utility agencies and companies will be contacted to determine if they have any plans to construct new or upgraded facilities in the future. Any planned utility upgrades will be plotted and identified as future facilities. Dudek will also obtain clearances for any new connections that may be required for service to the park. Immediately following receipt of the Notice -to -Proceed, Dudek will contact representatives of CVWD to schedule a project initiation and introduction meeting. At this meeting, Dudek will present the project design guidelines and criteria to formalize and address and concerns CVWD may have. At the time of submittal to the City of the 100% PS&E package, Dudek will also submit the appropriate documentation and application for encroachment permit approval for the construction of landscape improvements on the future well site property. Any concerns or redline comments related to the landscape improvements will be addressed in the final approved plan set submitted to the City and CVWD. Upon CVWD approval of the encroachment permit application, Dudek will obtain the final encroachment permit documentation and supply said documents to the City. Dudek assumes that any fees associated with the CVWD encroachment permit will be paid by the City and that the coordination of any additional state, federal, and local permits will be performed by the City. 1.2 DEcIGNI 1.2.1 Preliminary Design — Concept Review The preliminary plans will show existing topography, existing utilities based upon applicable utility owners' records, property line data, and most importantly, details of the proposed landscape and parking lot improvements. Any recommended notes as well as any details showing quantities and special construction items will be included. The preliminary landscape plans will include the location of hardscape elements and site construction elements (fences, railings, benches, shade structures, etc.) a planting plan with the location of all plant materials and a planting legend, and an irrigation plan that illustrates the location of key irrigation elements. The preliminary parking lot design will include proposed grades and drainage improvements including high points, low points, and locations of any ribbon gutter, catch basins, and storm drain. Title sheet, general notes, cross -sections, data tables, pavement striping, and other features will be addressed in the 90% submittal stage. 1.2.2 Final Design and Construction Document Preparation The Dudek team will prepare drawings and specifications suitable for public bid. Landscape improvement plans will be prepared and will show the location and dimension of all hardscape and site construction elements, planting plans and details will be prepared showing the final location of all plant material, including sizes and planting details as necessary. Irrigation plans will be prepared showing the final location and details of construction for all irrigation elements, including the connection to or installation of any CVWD irrigation supply laterals and meter assemblies. Electrical plans will be prepared for all 208 security and perimeter/walkway bollard lighting and tree well up lighting. Electrical plans will include single line diagrams, electrical site plan, load calculations, panel schedules, and voltage drop calculations. A new electrical service will be coordinated with IID, including the preparation and delivery of the required applications. Parking lot paving and grading plans will be prepared to City of La Quinta and Green Book Standards, and will show existing topography, existing utilities based upon applicable utility owners' records, property line data, finished surface and top of pavement elevations, and top of curb elevations. Anticipated improvements include turf and irrigation improvements on the CVWD well site, bollard and tree well up -lighting in the existing dog park areas, a shade structure over the existing playground equipment, parking lot and walkway hardscape and lighting improvements, bollard lighting around the existing park walkways, and benches and trash cans where appropriate. In addition to paving and grading plan information, traffic striping plans and drainage improvement plans (including the design of permeable paving systems and bio-swales) will also be prepared. Other details will indicate compaction requirements and pavement details. Bid documents and technical specifications using standard CSI format will also be prepared. The project team will prepare general drawings including typical coversheet, general notes, abbreviations and symbols, and general details. Additionally Dudek will provide construction cost estimating during the progression of the project. Engineer's opinion of probable costs (OPC) will be submitted to the City at each submittal. The accuracy of the OPC will reflect the progress of the design project and percentage complete. 1.2.3 Deliverables and Reviews Preparation of Deliverables includes internal QA/QC prior to each submittal. The project manager will carry out a detailed review of the project team's work including any subconsultant work. Deliverables at 50%, 90%, and 100% progress submittals will include up to five (5) full-size sets of progress prints (24" x 36"), five (5) sets of technical specifications, and five (5) copies of the current OPC. Any comments from the review meetings will be incorporated into the subsequent submittal and the final submittal will include one copy of signed mylars, ten (10) sets of bound plans and specifications and a copy of the final cost estimate. Electronic copies of the drawings in AutoCAD 2008 format, the project specifications in WORD, and the engineers estimate in EXCEL will be provided. 1.3.1 Bidding Services During the bid phase of the Contract, key Dudek team members will attend a pre -bid conference job walk for potential bidders, respond to inquiries relative to design issues and prepare and furnish the City with any revisions required. The issuance of bid documents, plans and specifications and any addenda shall be performed by the City. 20 9 Exhibit B Schedule of Compensation Payment shall be percentage of completion 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 Forty -Four Thousand Seven Hundred Sixty -Five Dollars 1$44,765) except as specified in Section 1.6 - Additional Services of the Agreement. The following represents a summary of the contract fee: Base Contract Amount (Fixed Fee): $41,505.00 Construction Engineering (Time and Materials): $ 1,760.00 *Reimbursable Expenses: $ 1,500.00 TOTAL CONTRACT AMOUNT (Not to Exceed): $44,765.00 *Reimbursable Expenses shall be billed at cost without markup. Last revised 6-30-09 19 n .e... 21O Dudek Exhibit 8 Engineering Services October 5, 2009 Fee Schedule City of La Ouinta Pioneer Park Improvements V, Item Pro eel Team Comment Project Manager Senior En in er 11 CAD O eralorl Hermann Priacl le or Project na a Musser ...Ann Lantlscape Architect Item Cost HourlyRate $145 - $125 $85 $135 $85 575 Pmect Pre -Deer n Meeting 2 2 560 Project Pr gress Memin s 50 t a'plat r, 2 ah0 er,' Cam letian 2 2 460 Public Meetin s-3 total 6 6 1.680 Project Mana. merit 8 1.t 6o Task Total $4.320 .tGFr ,: ilJ:xL: Item Project Team Comment Project Manager r Senior En,I ll LADD aratorl Hermann Princi le arm Protect Mana er LanOacape ArcMtad Item Lost HourlyRate $145 $125 $85 8135 $85 $TS Subcontractor Fee 1 $3 000 Lai blon Consulting Task Total 33,000 Item Pro ect Team Comment ed Mana a r En Inter ll CAD O aratorl Princi le Project Hermann Lantlacas Item Co.[ Hourl Rate $145 $125 $85 $135 $85 $75 Subcontractor Fee 2,550 MSA Consulting Gfine ork Check To c/Onho Ma 25 Task Total 52,800 a.i1.. _I11'91"V. DL>IL o,i m Item Pro act Team Comment Protect Mana a meantone.[ fn Inter ll En in er ll Operator I Item Cmt Hcurl Rate $145 $125 $95 885 Records Research2 8190 LocateExisting and Plot Existin 4 1 1$520 Clearances/Encroacbmenl Permit 4 6 2 $t,520 Task Total 32,050 1.r rir ad.un Item Project Team comment Manager Senior n l eralorl It.. Cost l Hour, Rae $145 $125 $85 Paving and Grading Plan 2 8 $1970 Drainage Plan 2 8 6 6 $$590 in Plan 2 4 $540 Pre Analysis Prelim M 2 2 $540 Construction Cost Estimate ion 2 1 $375 Task Total a5,145 Item Pro act Tax. Comment Hermann Prnci le project Manager Landscape Architect Hermann DesI n er Hermann CAD Item Cast Hourl ale 135 85 T5 65 40 Prefimina Sle Planning2 1 Base its Plan Policemen 2 80 Review Grading 1 85 Color Harder. 1 Cast etlmataa 1 85 Pro ecl Mana ¢merit antl oor0lnation 1 Subcontractor berm anon Fee 10 ude Task Total 685 (1: - 1 t TltNtln Item Pro act Team Comment Projector Manager En In ar 11 CAD Operator l Item Coat Hourly Rate $145 $125 $85 Paving and Grading Plan 6 5 16 $2,520 Details & Misc. 4 12 12 $3,100 Drainage Plan 8 8 16 $3.520 Striping Plan 2 2 4 S880 Electrical Engineering $6,600 Dream Engineering Technical 5 eci8cations 4 2 $830 Construction Cost Estimate 2 1 S375 Task Total $17,825 Page 1 of 2 ar.. 211 Dudek Exhibit B Engineering Services October 5, 2009 Fee Schedule City of La Quints Pioneer Park Improvements It.. Pro act Team Comment He an Pdncl le Hermann Product r Manager Hismann Landscape Architect Helmand er Designer Himen.nn CAD HBlmann Admin Item Cast HourlyRate 5185 $85 $75 $65 $40 $40 Confirm Design Cmeda 1 $65 Pre are Base Site Plan Construction Plan and Detail 16 $640 Grading and Paving Plan Coordination 2 $150 Im abon Plan and Details 4 8 $620 Planting Plan and Details 1 5 $275 Lighting Plan Review 1 $75 Final Onandity and Cost Estimate 1 1 $140 Plan Submittal and Pimmalain 2 4 4 $490 Cost E I 1 I I i $75 8 ecifications 1 4 4 $545 Proect Coordination 11 61 1 1 81 65 Agency Afromeals 11 81 1 1$685 Subcontractor Coomealion Fee 1 $655 Dudek Task Total $5,380 PFIO.St i — PO51 JEGIGN SERtrlr,� S Item Pro'act Team Comment Project r Manager Senli Engineer 11 CAD O eratorl Hermann Pdncl le aboar Project r Manager ermann Landscape Architect Item Cost HourlyRate $145 5125 $85 $135 $85 $75 Poi Conlorence Job Walk 2 2 $460 Post Design Saiice will be performed Bid Sollcusiton Assistance and Analysis 2 2 $460 o a Time and Materials basis Desi n Issue In uiries 2 2 4 $840 Task Total $1,760 Grand Total $43,265 Reslmbursaeles Estimate $1,500 Page 2 of 2 Exhibit C Schedule of Performance Consultants Project Schedule is attached and made a part of this agreement. Consultant shall complete services presented within the scope of work contained within Exhibit "A" in accordance with the attached project schedule. Last revised 6-30-09 20 '"•• • 2 1 J i M Vim I D dl i i � NI N, ,� rl JI NI n, I m' LL N' t•-I' N j O Ni 'L m ca U yN C CL >I o zlm'- a; o m rn m o o m m m m m o m m m m m o o_ m o 0 0 0 0 0 o 0 0 0 n o N N O R o 01 0 O 0 n 0 N N o O _o A O N � N N N N tO C'] O �\ as p m m o U d d er --'.m m m m o o m m rn m m m m m m m m 0 o m o 0 0 0 0 0 U a - a E o 0 0 0 o 0 0 0 0 0 0 0 0 0 0 o .- - - - - ems- m 0 0 v cv 0 0 m m m 0 m m 0 m m o o n o>> m L �Y N N N N N N N N N N N ZZ 7 w d N d O O NET a o 0 0 0n com�� 333~ 333 C d O T Ip T N T N T Ip T N 1/i T N T T T T N T T N T 41 T N T 41 T N T N T N T N N T T V1 T N T 17 T T I N la a o a a a a -o a a a a a a a a a a a N 0 N O M N M N M� N N J � I U a I N c d N N d LL U c E 'a 0p U m d o J to o L m r 10 a o E csi d L CO y o s y Iy U LL o m c d J L U d U o U m H m T 3 c o 0 0 d m c 0 o R a. rn y d o❑ o$ o u' m m E o. 5 E m Y o m 0 E n d '�' Y m :_' o °� a d N N T c N c w m H U d W W d¢ U U d Jc ON E E o U2y0c o Qan c aa E E E O 0E ycai c m o o oUyEm - o0 mY > _ E m y V a a a p cm m =' m '°a idu d Nd- oa aE dN ,a3i a'i U o E w N o = I.$erd 'y o 'O . U p a d Um Uoo J at0 mN o mo m o M ¢¢m o cN mVo% E o cN . T mmyU > $N Lco w> a O Y a N La mN Ql y N O N a 'gym — mC I �o _ in 17R, 7 i7 1 a aai _r7 NI C'IO�OtO.;h WmO'�NM;V NtO hN m N NNN d d �N NIN N 10. ., 21 4 Exhibit D Special Requirements None. Last revised 6-30-09 21 215 T;tw 4 XP Qumro COUNCIL/RDA MEETING DATE: October 20, 2009 ITEM TITLE: Approval to Purchase Maintenance Equipment for SilverRock Resort and Adoption of a Resolution Accepting a Donation from John Deere Equipment RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: /� CONSENT CALENDAR: 9_0 STUDY SESSION: PUBLIC HEARING: Approve purchase of maintenance equipment for SilverRock Resort with John Deere through the California Multiple Award Schedule (CMAS) Program and adopt a resolution accepting a donation from John Deere Equipment. FISCAL IMPLICATIONS: An advance from the General Fund Reserve (Account No. 101-0000-290.00-00) in the amount of $756,400 for the purchase of maintenance equipment will result in a one- time savings to the City of $127,944. Interest Expense Savings $135,000 CMAS Fee ($7,500) Value of Donated Assets $79,000 Interest Income Lost (2% Compound Quarterly — 5 years) ($78,556) Total Savings $127,944 Fiscal Assumptions: • The Interest savings for purchase of golf course equipment is $135,000. • The CMAS program requires a $7,500 fee to be paid to the State of California. • If the City were to purchase the donated assets being offered, the value would be $79,000. • The interest income loss at a rate of 2% compounded quarterly is $78,556 for the purchase of the golf course equipment. • Purchase of the equipment will save $127,944 compared to the lowest lease option available over the five-year term of the lease as detailed above. CHARTER CITY IMPLICATIONS: None. 21 BACKGROUND AND OVERVIEW: At the October 6, 2009 Study Session for the Redevelopment Agency, staff was urged to look at ways to reduce the costs of operation at the SilverRock Resort. Therefore, staff and Landmark are recommending the purchase of the golf course maintenance equipment be approved. Since the beginning of the SilverRock Resort golf course maintenance operations in the summer of 2004, the maintenance equipment has been leased from John Deere through National City Finance as the leasing company. The current equipment lease is paid monthly by the City of La Quinta through the golf course operation and will expire in December 2009. Staff and Landmark worked together to find the most economical equipment replacement that would not compromise the quality of the maintenance at SilverRock. The research was narrowed to two companies that could provide the necessary equipment. The selected companies were John Deere and Toro. Various lease options, as well as purchase prices, were provided from both companies. John Deere offered the lowest price for their equipment package. Based on John Deere's lowest cost lease option ($884,655) and John Deere's total cost for the purchase of the same equipment ($756,400), the City will realize a savings by purchasing the equipment. The Purchase Agreement (Attachment 1) is included. Both John Deere and Toro offer government purchase programs that satisfy the municipal bid process requirements. John Deere's municipal purchase program is available through CMAS. Pursuant to the City of La Quinta Municipal Code Section 3.12.270, staff is requesting an exception to the competitive bidding requirement by "piggy -backing" on CMAS contract number 4-07-51-0019A. This will result in lower prices, based on state volume, than those available if the City were to competitively bid the purchase independently. The CMAS program requires a $7,500 fee to be paid to the State of California. This fee is paid separately from the purchase of the equipment but for the purposes of this report is included in the overall equipment price of $756,400. John Deere is changing their equipment prices and all CMAS equipment will increase by 5% after November 1, 2009. nnnatinns As part of the equipment purchase, John Deere (AA Equipment) is donating 13 pieces of equipment that are currently in service at SilverRock. This equipment would normally be returned to John Deere at the conclusion of the current term of the expiring equipment lease. Due to their specialized uses, the donated equipment does not receive as much use as the daily maintenance equipment. Therefore, the donated items should provide an additional five years of service. John Deere is also including an additional third year warranty to their normal two-year warranty on all of the newly purchased John Deere equipment (Attachment 2). 217 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve purchase of maintenance equipment for SilverRock Resort with John Deere through the State California Multiple Award Schedules Program and adopt a resolution accepting a donation from John Deere Equipment; or 2. Do not approve purchase of maintenance equipment for SilverRock Resort with John Deere through the State California Multiple Award Schedules Program and adopt a resolution accepting a donation from John Deere Equipment; or 3. Provide staff with alternative direction. Respectfully submitted, I Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Purchase Agreement 2. Warranty 218 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A DONATION FROM JOHN DEERE EQUIPMENT WHEREAS, the City of La Quinta ("City") is a charter city organized and operating under the Constitution of the State of California; and WHEREAS, the City owns and operates a golf course known as the SilverRock Resort; and WHEREAS, the City currently leases certain golf course maintenance equipment to maintain SilverRock Resort from John Deere Equipment through a lease with National City Finance (the "Equipment Lease"); and WHEREAS, the Equipment Lease is set to expire in December 2009; and WHEREAS, in lieu of renewing the Equipment Lease, the City has entered into a purchase agreement to purchase new maintenance equipment from John Deere Equipment through the State of California Multiple Awards Schedule ("CMAS") Program; and WHEREAS, due to the specialized uses of some of the leased equipment, it does not receive as much use as the daily maintenance equipment and, therefore, still has additional useful life; and WHEREAS, all of the leased equipment would normally be returned to John Deere Equipment at the conclusion of the current term of the expiring Equipment Lease; and WHEREAS, notwithstanding the foregoing, on September 15, 2009, John Deere Equipment generously offered to donate to the City 13 pieces of equipment (the "Donated Equipment") included in the current Equipment Lease for continued use at SilverRock Resort; and WHEREAS, the City estimates that the Donated Equipment will provide an additional five years of useful service life; and WHEREAS, in addition to the Donated Equipment, John Deere Equipment has also offered an additional third year warranty to their normal two-year warranty on all of the newly purchased through the CMAS Program; and 219 Resolution No. 2009- John Deere Donation Adopted: October 20, 2009 Page 2 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 the following equipment from John Deere Equipment: (1) a Toro Flex 21 mower with trailer; (2) eight (8) various size utility carts; (3) a flail mower; (4) a turf sprayer; (5) a turf roller; and (6) a three-year warranty for all new equipment purchased through John Deere. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of October 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 220 Resolution No. 2009- John Deere Donation Adopted: October 20, 2009 Page 3 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 221 ATTACHMENT 1 Purchase Agreement The City of La Quinta ("City") has agreed to purchase from John Deere Company ("Manufacturer") the golf course maintenance equipment ("Equipment") itemized in Attachment 1, attached hereto and incorporated herein by this reference, using the State of California Multiple Awards Schedule ("CMAS") contract number 4-07-51-0019A. The total purchase price for the Equipment is $748,900.40 (inclusive of all sales tax, delivery charges, and shipping costs). The Equipment will be delivered to the City by Manufacturer's local distributor, AA Equipment ("Supplier"), subject to the following terms: Delivery to Citv. The Equipment shall be delivered by Supplier to the SilverRock Golf Resort maintenance yard ("Maintenance Yard") located at 79-600 Avenue 54, La Quinta, CA 92253. 2. Acceptance by City; Risk of Loss. All Equipment purchased and delivered under this Purchase Agreement is subject to acceptance by the City or its authorized representatives. Supplier shall remedy any problems holding up acceptance in a manner and timeline acceptable to the City. Supplier expressly acknowledges and understands that neither the City nor Landmark Golf Management, LLC ("Landmark"), the firm the City retains to manage and operate the SilverRock Golf Resort on behalf of the City, shall be responsible for any damage to or loss of the Equipment until Supplier has delivered the Equipment to the Maintenance Yard and the City's Golf Course Superintendent has completed a final inspection of and accepted the Equipment in writing. State Award Schedule. The City of La Quinta is purchasing the equipment by using CMAS contract number 4-07-51-0019A and agrees to pay the CMAS fee separate from this Purchase Agreement. 4.. Payment. Payment for the Equipment is due and shall be paid by the City in accordance with the terms set forth in the CMAS contract. 5. Indemnification. Supplier shall defend, indemnify and hold harmless the City and its officers, employees, and agents (collectively, "City Indemnitees") from and against any and all of claims, causes of action, obligations, losses, liabilities, judgments, or damages, including reasonable attorneys' fees and costs of litigation (collectively "Claims") arising out of and/or in any way relating to Supplier's activities in the performance of this Purchase Agreement, or to Supplier's acts and/or omissions in providing or administering the same, excepting only those claims, actions, obligations, losses, liabilities, judgments, or damages arising out of the sole negligence, active negligence or willful misconduct of the City Indemnitees. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding alleging n... 222 negligent or wrongful conduct on the part of Supplier, the Supplier shall provide a defense to the City Indemnitees, or at the City's option, reimburse the City Indemnitees on an ongoing monthly basis their costs of defense, including reasonable attorneys' fees, incurred in defense of such Claims. In addition, the Supplier shall be obligated to promptly pay any final judgment or portion thereof rendered against the City Indemnitees. 6. Insurance. Supplier shall provide proof of Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Supplier shall also provide Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, nonowned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. Supplier shall be required to provide a certificate of insurance naming City Indemnitees as additional insureds before beginning work/services in amounts specified by City for the term of this Purchase Agreement. Supplier may use existing insurance policies to satisfy the requirements imposed by this section. Modifications and Amendments. This Purchase Agreement may be modified or amended upon mutual agreement between City and Supplier by written document signed by both parties. I....- 223 ATTACHMENT ITEMIZED LIST OF EQUIPMENT [TO BE PROVIDED BY S'IAFF] is... 224 `m Iry (Amy m ZOo12 Ei� C a�'�c m = IA Y m ,,ppmm` E 7 ;i w F C O �O d N F yF ids, � z �h if S' v, r N M co N cOp N Nh Ol O 01 O cD N i0ON OO OD O co 'O 0 (O O p O M r N O CD oD O N n CO cco M N m N 0 9 co in _ popp0D Of 10 V c0 c0 Iz W O O i �% f9 fA E9 tl9 fA ^W NfA 4N9 4N9 49 N- aNO, W N(0co t0 O C ^ O OCONNO c0M pN� f O1 AO 9 a M L6 NmOOD N M c+lm qq 4D O Mq U N N m 4a O C O 9 L j N y N N y LM N a o�$a oao L`�°'��' 0 dm_m: m m J L 3yE O J E J pxE F y°cm�aD o N,QoN y oogo a '.J� .4) mam 0 Em m Q OO � m Um {I! m y JYYY �r- V >mo `O P_CS 3 mriL 5� CL O j; co �ti' � m � E N` 0 >;U L N N `O J m C m C m� .._ L$ma'v �@cry �L m. oo�.�� Hamm n 'Ilk, w� c�im O)Oi� 10 c7 U W _ _ N N LL 22 .y.. :.... Q o c o W mm 0 N co 0 ,C m F- m E O O m m O en m O R O C7 F- 0C9 rn U J m m LL O [Ll O O m co O N > ~ > ~ w Q O Q O O N - O O Fd D U~ coOON toX JJ�� W M N N N O O O m N N N F- F- �-- N 2 V �N-NN i � �i �i m m � m °a; d � °yy� ami ami ami omi ami ami c L c L c t c L c L c L c L c L c L c L c L c L0000 c L c L c L c L o C �e! rN vIT OD F 225 ATTACHMENT 2 C N E o. cr v WQQ Q E 0 w d 0 U Y W U l0 (0 M aV 4) n E0 �a 9m Cc _ O C U d O � 7 y IS d d _ J T a o a ZN 50 d m 0 3 c L C1 7 C N N � C N E cr d j W (D d Q L 2 /^ r y OF7KF AGENDA CATEGORY: COUNCILIRDA MEETING DATE: October 20, 2009 BUSINESS SESSION: ITEM TITLE: Adoption of a Resolution Adopting the Approval of the Form of and Authorizing the Execution and Delivery of Purchase and Sale Agreement and Related Documents with Respect to the Sale of the Seller's Proposition 1 A Receivable from the State; and Directing and Authorizing Certain Other Actions in Connection Therewith RECOMMENDATION: CONSENT CALENDAR: C7L STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the Approval of the Form of and Authorizing the Execution and Delivery of Purchase and Sale Agreement and Related Documents with Respect to the Sale of the Seller's Proposition 1 A Receivable from the State; and Directing and Authorizing Certain Other Actions in Connection Therewith. FISCAL IMPLICATIONS: The County of Riverside Auditor Controllers Office has estimated that the City of La Quinta's 8% share of property taxes subject to Proposition 1A borrowing is $964,794. The County of Riverside will take half of this amount from the City's property tax distribution in January 2010, the other half in the May 2010 property tax distribution, and will remit these amounts to the State of California. The State of California is proposing a state-wide bond issue to raise funds from interested Cities, Counties and Special District's that would replace the same amount of funds taken from the City by the County Auditor Controller. These bond proceeds would be sent to the City in January 2010 and May 2010 to correspond to the funds taken by the County. All bond issuance costs will be borne by the State. It is important to note that this bond issue does not name the City of La Quinta in any way. This a State of California bond issue. As an alternative, the City could elect to not participate in this bond issue. If the City does not participate in this bond issue, the property taxes taken from the City by the County are required to be paid back by the State no later than June 30, 2013 with 2% interest. While the State may be required to pay back the City the $964,794 with 2% interest, there is no absolute guarantee that the State will have the available resources to repay these funds by the required June 30, 2013 date. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The background has been divided into four major sections: (1) Legislation; (2) Proposition 1 A Securitization Program; (3) Resolution; and (4) Purchase and Sale Agreement and related Exhibits. STATE OF CALIFORNIA LEGISLATION : Proposition 1 A was passed by California voters in 2004 to ensure local property tax and sales tax revenues remain with local government thereby safeguarding funding for public safety, health, libraries, parks, and other local services. Provisions can only be suspended if the Governor declares a fiscal necessity and two-thirds of the Legislature concurs: The emergency suspension of Proposition 1A was passed by the Legislature and signed by the Governor as ABX4 14 and ABX4 15 as part of the 2009-2010 budget package on July 28, 2009. Under the provision, the State will borrow 8% of the amount of property tax revenue apportioned to cities, counties and special districts. The state will be required to repay those obligations plus interest by June 30, 2013. The legislature is currently reviewing a clean-up bill, SB67 which would provide for a few critical changes to the enacted legislation, including but not limited to providing for: financing to occur in November; county auditor certification of amount of Prop 1 A receivable; tax-exempt structure; California Communities as the only issuer; more flexibility on bond structure (interest payments, state payment date and redemption features); sales among local agencies; and revision to the hardship mechanism. While SB 67 has not yet been passed and signed into law, California Communities expects that to occur prior to funding the Program. If for any reason SIB 67 is not enacted and the bonds cannot be sold by December 31, 2009, all approved documents placed in escrow with Transaction counsel will be of no force and effect and will be destroyed. 228 PROPOSITION 1A SECURITAZATION PROGRAM: Authorized under ABX4 14 and ABX4 15, the Proposition 1A Securitization Program was instituted by California Communities to enable Local Agencies to sell their respective Proposition 1A Receivables to California Communities. Currently, SB67 is being considered to clarify specific aspects of ABX4 14 and ABX4 15. Under the Securitization Program, California Communities will simultaneously purchase the Proposition 1A Receivables, issue bonds ("Prop 1A Bonds") and provide each local agency with the cash proceeds in two equal installments, on January 15, 2010 and May 3, 2010 (to coincide with the dates that the State will be shifting property tax from local agencies). The purchase price paid to the local agencies will equal 100% of the amount of the property tax reduction. All transaction costs of issuance and interest will be paid by the State of California. Participating local agencies will have no obligation on the bonds and no credit exposure to the State. If the City of La Quinta sells its Proposition 1 A Receivable under the Proposition 1 A Securitization Program, California Communities will pledge the City's Proposition 1A Receivable to secure the repayment of a corresponding amount of the Prop 1A Bonds. The City's sale of its Proposition 1A Receivable will be irrevocable. Bondholders will have no recourse to the City if the State does not make the Proposition 1A Repayment. Benefits of Participation in the Proposition 1A Securitization Program: The benefits to the City of participation in the Proposition 1A Securitization Program include: • Immediate cash relief — the sale of the City's Proposition 1A Receivable will provide the City with 100% of its Proposition 1A Receivable in two equal installments, on January 15, 2010 and May 3, 2010. • Mitigates impact of 8% property tax withholding in January and May — Per ABX4 14 and ABX4 15 and the proposed clean-up legislation SB 67, the State will withhold 8% of property tax receivables due to Cities, Counties, and Special Districts under Proposition 1 A. The financing outlines bond proceeds to be distributed to coincide with the dates that the State will be shifting property tax from local agencies. • All costs of financing borne by the State of California. The City will not have to pay any interest cost or costs of issuance in connection with its participation. • No obligation on Bonds. The City has no obligation with respect to the payment of the bonds, nor any reporting, disclosure or other compliance obligations associated with the bonds. 229 • Upon delivery of the Proposition 1 A Bonds, California Communities will make available to the City its fixed purchase price, which will equal 100% of the local agency's Proposition 1A Receivable. These funds may be used for any lawful purpose of the City and are not restricted by the program. PROPOSED PROPOSITION 1A RECEIVABLES SALE RESOLUTION: The proposed Proposition 1A Receivables Sale Resolution: (1) Authorizes the sale of the City's Proposition 1A Receivable to California Communities for 100% of its receivable; (2) Approves the form, and directs the execution and delivery, of the Purchase and Sale Agreement with California Communities and related documents; (3) Authorizes and directs any Authorized Officer to send, or to cause to be sent, an irrevocable written instruction required by statute to the State Controller notifying the State of the sale of the Proposition 1A Receivable and instructing the disbursement of the Proposition 1A Receivable to the Proposition 1A Bond Trustee; (4) Appoints the City Manager and Finance Director as the Authorized Officers for purposes of signing documents; and (5) Authorizes miscellaneous related actions and makes certain ratifications, findings and determinations required by law. PROPOSED PURCHASE AND SALE AGREEMENT AND RELATED EXHIBITS: The proposed Purchase and Sale Agreement (Attachment 1): (1) Provides for the sale of the Proposition 1A Receivable to California Communities; (2) Contains representations and warranties of the City to assure California Communities that the Proposition 1A Receivable has not been previously sold, is not encumbered, that no litigation or other actions is pending or threatened to disrupt the transaction and the this is an arm's length "true sale" of the Proposition 1A Receivable. (3) Provides mechanics for payment of the Purchase Price (4) Contains other miscellaneous provisions. Proposed Purchase and Sale Agreement Exhibits: The proposed Proposition 1 A Purchase and Sale Agreement Exhibits: 230 (131) Opinion of Counsel: This is an opinion of the counsel to the local agency, Rutan & Tucker, covering basic approval of the documents, litigation, and enforceability of the document against the Seller. It will be dated as of the Pricing date of the bonds -currently expected to be November 10, 2009. (62) Bringdown Opinion: This simply "brings down" the opinions to the closing date - currently expected to be November 19, 2009. (Cl) Certificate of the Clerk of the Local Agency: A certificate of the City Clerk confirming that the resolution was duly adopted and is in full force and effect. (C2) Seller Certificate: A certification of the Seller dated as of the Pricing Date confirming that the representations and warranties of the Seller are true as of the Pricing Date, confirming authority to sign, confirming due approval of the resolution and providing payment instructions. (C3) Bill of Sale and Bringdown Certificate: Certificate that brings the certifications of C2 down to the Closing Date and confirms the sale of the Proposition 1A Receivable as of the Closing Date. (D) Irrevocable Instructions to the Controller: Required in order to let the State Controller know that the Proposition 1 A Receivable has been sold and directing the State to make payment of the receivable to the Trustee on behalf of the Purchaser. (E) Escrow Instruction Letter: Instructs Transaction Counsel - Orrick, Herrington & Sutcliffe LLP to hold all documents in escrow until closing, and if closing does not occur by December 31, 2009 for any reason, to destroy all documents. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the proposed Proposition 1 A Sale Resolution and Purchase and Sale Agreement; 2. Do not adopt a Resolution of the City Council approving the proposed Proposition 1A Sale Resolution and Purchase and Sale Agreement; or 3. Provide staff with alternative direction. 231 Respectfully submitted, AAV� t John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Purchase and Sale Agreement and Exhibits ,,... 2 3 ? RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, pursuant to Section 25.5 of Article XIII of the California Constitution and Chapter 14XXXX of the California Statutes of 2009 (Assembly Bill No. 15), as amended (the "Act"), certain local agencies within the State of California (the "State") are entitled to receive certain payments to be made by the State on or before June 30, 2013, as reimbursement for reductions in the percentage of the total amount of ad valorem property tax revenues allocated to such local agencies during the State's 2009-10 fiscal year (the "Reimbursement Payments"), which reductions have been authorized pursuant to Sections 100.05 and 100.06 of the California Revenue and Taxation Code; WHEREAS, the City of La Quinta, a local agency within the meaning of Section 6585(f) of the California Government Code (the "Seller"), is entitled to and has determined to sell all right, title and interest of the Seller in and to its "Proposition 1A receivable", as defined in Section 6585(g) of the California Government Code (the "Proposition 1 A Receivable"), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, in order to obtain money to fund public capital improvements or working capital; WHEREAS, the Seller is authorized to sell or otherwise dispose of its property as the interests of its residents require; WHEREAS, the California Statewide Communities Development Authority, a joint exercise of powers authority organized and existing under the laws of the State (the "Purchaser"), has been authorized pursuant to Section 6588(x) of the California Government Code to purchase the Proposition 1 A Receivable; WHEREAS, the Purchaser desires to purchase the Proposition 1A Receivable and the Seller desires to sell the Proposition 1A Receivable pursuant to a purchase and sale agreement by and between the Seller and the Purchaser in the form presented to this City Council (the "Sale Agreement") for the purposes set forth herein; WHEREAS, in order to finance the purchase price of the Proposition 1A Receivable from the Seller and the purchase price of other Proposition 1A Receivables from Resolution No.2009- Proposition 1A October 20, 2009 Page 2 other local agencies, the Purchaser will issue its bonds (the "Bonds") pursuant to Section 6590 of the California Government Code and an Indenture (the "Indenture"), by and between the Purchaser and Wells Fargo Bank, National Association, as trustee (the "Trustee"), which Bonds will be payable solely from the proceeds of the Seller's Proposition 1 A Receivable and other Proposition 1 A Receivables sold to the Purchaser by local agencies in connection with the issuance of the Bonds; WHEREAS, the Seller acknowledges that (i) any transfer of its Proposition 1 A Receivable to the Purchaser pursuant to the Sale Agreement shall be treated as an absolute sale and transfer of the property so transferred and not as a pledge or grant of a security interest by City of La Quinta to secure a borrowing, (ii) any such sale of its Proposition 1 A Receivable to the Purchaser shall automatically be perfected without the need for physical delivery, recordation, filing or further act, (iii) the provisions of Division 9 (commencing with Section 9101) of the California Commercial Code and Sections 954.5 to 955.1 of the California Civil Code, inclusive, shall not apply to the sale of its Proposition 1 A Receivable, and (iv) after such transfer, the Seller shall have no right, title, or interest in or to the Proposition 1 A Receivable sold to the Purchaser and the Proposition 1 A Receivable will thereafter be owned, received, held and disbursed only by the Purchaser or a trustee or agent appointed by the Purchaser; WHEREAS, the Seller acknowledges that the Purchaser will grant a security interest in the Proposition 1 A Receivable to the Trustee and any credit enhancer to secure payment of the Bonds; WHEREAS, a portion of the proceeds of the Bonds will be used by the Purchaser to, among other things, pay the purchase price of the Proposition 1 A Receivable; WHEREAS, the Seller will use the proceeds received from the sale of the Proposition 1A Receivable for any lawful purpose as permitted under the applicable laws of the State; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1 . All of the recitals set forth above are true and correct, and this City Council hereby so finds and determines. Section 2. The Seller hereby authorizes the sale of the Proposition 1 A Receivable to the Purchaser for a price equal to the amount certified as the Initial Amount (as defined in the Sale Agreement) by the County auditor pursuant to the Act. The form of Sale Agreement presented to the City Council is hereby approved. An Authorized Officer (as set forth in Appendix A of this Resolution, attached hereto and by this reference incorporated herein) is hereby authorized and directed to 230 Resolution No. 2009- Proposition I October 20, 2009 Page 3 execute and deliver the Sale Agreement on behalf of the Seller, which shall be in the form presented at this meeting. Section 3. Any Authorized Officer is hereby authorized and directed to send, or to cause to be sent, an irrevocable written instruction to the State Controller (the "Irrevocable Written Instruction") notifying the State of the sale of the Proposition 1 A Receivable and instructing the disbursement pursuant to Section 6588.6(c) of California Government Code of the Proposition 1 A Receivable to the Trustee, on behalf of the Purchaser, which Irrevocable Written Instruction shall be in the form presented at this meeting. Section 4. The Authorized Officers and such other Seller officers, as appropriate, are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents, including but not limited to, if required, appropriate escrow instructions relating to the delivery into escrow of executed documents prior to the closing of the Bonds, and such other documents mentioned in the Sale Agreement or the Indenture, which any of them may deem necessary or desirable in order to implement the Sale Agreement and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution; and all such actions heretofore taken by such officers are hereby ratified, confirmed and approved. Section 5. All consents, approvals, notices, orders, requests and other actions permitted or required by any of the documents authorized by this Resolution, whether before or after the sale of the Proposition 1 A Receivable or the issuance of the Bonds, including without limitation any of the foregoing that may be necessary or desirable in connection with any default under or amendment of such documents, may be given or taken by an Authorized Officer without further authorization by this City Council, and each Authorized Officer is hereby authorized and directed to give any such consent, approval, notice, order or request, to execute any necessary or appropriate documents or amendments, and to take any such action that such Authorized Officer may deem necessary or desirable to further the purposes of this Resolution. Section 6. The City Council acknowledges that, upon execution and delivery of the Sale Agreement, the Seller is contractually obligated to sell the Proposition 1 A Receivable to the Purchaser pursuant to the Sale Agreement and the Seller shall not have any option to revoke its approval of the Sale Agreement or to determine not to perform its obligations thereunder. Section 7. This Resolution shall take effect from and after its adoption and approval. PASSED, APPROVED AND ADOPTED at a regular meeting of the La Quinta city Council held on this 201h day of October, 2009 by the following vote, to wit: 234 Resolution No. 2009- Proposition IA October 20, 2009 Page 4 AYES: RTST-13 ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 235 Resolution No. 2009- Proposition IA October 20, 2009 Page 5 APPENDIX A CITY OF LA QUINTA Authorized Officers: Thomas P. Genovese, City Manager John M. Falconer, Finance Director any designee of any of them, as appointed in a written certificate of such Authorized Officer delivered to the Trustee. 236 ATTACHMENT 1 CITY OF LA Qi71NTA, CALIFORNIA, as Seller and CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, as Purchaser PURCHASE AND SALE AGREEMENT Dated as of November 1, 2009 237 TABLE OF CONTENTS Page 1. DEFINITIONS ANDINTERPRETATION......................................................................2 2. AGREEMENT TO SELL AND PURCHASE; CONDITIONS PRECEDENT................2 3. PURCHASE PRICE, CONVEYANCE OF PROPOSITION IA RECEIVABLE AND PAYMENT OF PURCHASE PRICE...................................................................... 3 4. REPRESENTATIONS AND WARRANTIES OF THE PURCHASER ..........................4 5. REPRESENTATIONS AND WARRANTIES OF THE SELLER...................................5 6. COVENANTS OF THE SELLER..................................................................................... 7 7. THE PURCHASER'S ACKNOWLEDGMENT...............................................................9 8. NOTICES OF BREACH................................................................................................... 9 9. LIABILITY OF SELLER; INDEMNIFICATION............................................................9 10. LIMITATION ON LIABILITY...................................................................................... 10 11. THE SELLER'S ACKNOWLEDGMENT...................................................................... 10 12. NOTICES.........................................................................................................................10 13. AMENDMENTS............................................................................................................. 10 14. SUCCESSORS AND ASSIGNS..................................................................................... 10 15. THIRD PARTY RIGHTS................................................................................................ 1 1 16. PARTIAL INVALIDITY................................................................................................ I1 17. COUNTERPARTS..........................................:............................................................... 11 18. ENTIRE AGREEMENT.................................................................................................. 11 19. GOVERNING LAW........................................................................................................ 12 EXHIBITA — DEFINITIONS...................................................................................................A-1 EXHIBIT B1 — OPINION OF SELLER'S COUNSEL........................................................... B I-1 EXHIBIT B2— BRINGDOWN OPINION OF SELLER'S COUNSEL.................................62-1 EXHIBIT Cl — CLERK'S CERTIFICATE............................................................................. Cl-1 EXHIBIT C2 — SELLER CERTIFICATE............................................................................... C2-1 EXHIBIT C3 — BILL OF SALE AND BRINGDOWN CERTIFICATE ................................ C3-1 EXHIBIT D — IRREVOCABLE INSTRUCTIONS TO CONTROLLER ................................ D-1 EXHIBIT E—ESCROW INSTRUCTION LETTER................................................................ E-1 8 238 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT, dated as of November I, 2009 (this "Agreement"), is entered into by and between: (1) CITY OF LA QU]NTA, a local agency of the State of California within the meaning of Section 6585(f) of the California Government Code (the "Seller"); and (2) CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, a joint exercise of powers authority organized and existing under the laws of the State of California (the "Purchaser"). RECITALS A. Pursuant to Section 25.5 of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, local agencies within the meaning of Section 6585(f) of the California Government Code are entitled to receive certain payments to be made by the State of California (the "State") on or before June 30, 2013, as reimbursement for reductions in the percentage of the total amount of ad valorem property tax revenues allocated to such local agencies during the State's 2009-10 fiscal year, which reductions have been authorized pursuant to Sections 100.05 and 100.06 of the California Revenue and Taxation Code. B. The Seller is the owner of the Proposition IA Receivable (as defined below) and is entitled to and has determined to sell all right, title and interest in and to the Proposition 1 A receivable, namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, in order to obtain money to fund any lawful purpose as permitted under the applicable laws of the State. C. The Seller is authorized to sell or otherwise dispose of its property as the interests of its residents require. D. The Purchaser, a joint exercise of powers authority organized and existing under the laws of the State, has been authorized pursuant to Section 6588(x) of the California Government Code to purchase the Proposition I Receivable. E. The Seller is willing to sell, and the Purchaser is willing to purchase, the Proposition IA Receivable upon the terms specified in this Agreement. F. Pursuant to its Proposition IA Receivable Financing Program (the "Program"), the Purchaser will issue its bonds (the "Bonds") pursuant to an Indenture (the "Indenture"), between the Purchaser and Wells Fargo Bank, National Association, as trustee (the "Trustee"), and will use a portion of the proceeds thereof to purchase the Proposition IA Receivable from the Seller. G. The Purchaser will grant a security interest in such Proposition IA Receivable to the Trustee and each Credit Enhancer to secure the Bonds. 23° AGREEMENT NOW, THEREFORE, in consideration of the above Recitals and the mutual covenants herein contained, the parties hereto hereby agree as follows: 1. Definitions and Interpretation. (a) For all purposes of this Agreement, except as otherwise expressly provided herein or unless the context otherwise requires, capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in Exhibit A attached hereto and which is incorporated by reference herein. (b) The words "hereof," "herein," "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement; section and exhibits references contained in this Agreement are references to sections and exhibits in or to this Agreement unless otherwise specified; and the term "including" shall mean "including without limitation." (c) Any agreement, instrument or statute defined or referred to herein or in any instrument or certificate delivered in connection herewith means such agreement, instrument or statute as from time to time may be amended, modified or supplemented and includes (in the case of agreements or instruments) references to all attachments and exhibits thereto and instruments incorporated therein; and any references to a Person are also to its permitted successors and assigns. 2. Agreement to Sell and Purchase; Conditions Precedent. (a) The Seller agrees to sell, and the Purchaser agrees to purchase, on the Closing Date, for an amount equal to the Purchase Price, all right, title and interest of the Seller in and to the "Proposition IA receivable" as defined in Section 6585(g) of the California Government Code (the "Proposition IA Receivable"), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. The Purchase Price shall be paid by the Purchaser to the Seller in two equal cash installment payments, without interest (each, an "Installment Payment" and, collectively, the "Installment Payments"), on January 15, 2010, and May 3, 2010 (each a "Payment Date" and, collectively, the "Payment Dates"). The Purchaser shall pay the Purchase Price by wire transfer pursuant to wire instructions provided by the Seller to the Trustee by e-mail to john.deleray@wellsfargo.com or by facsimile to 213-614-3355, Attention: John Deleray. If wire instructions are not provided to the Trustee (or if such wire instructions are invalid) payment will be made by check mailed to the Seller's Principal Place of Business. (b) The performance by the Purchaser of its obligations hereunder shall be conditioned upon: (i) Transaction Counsel receiving on or before the date the Bonds are sold (the "Pricing Date"), to be held in escrow until the Closing Date and then delivered to the Purchaser on the Closing Date, the following documents 2 240 duly executed by the Seller or its counsel, as applicable: (1) an opinion of counsel to the Seller dated the Pricing Date in substantially the form attached hereto as Exhibit B1, (2) certificates dated the Pricing Date in substantially the forms attached hereto as Exhibit Cl and Exhibit C2, (3) irrevocable instructions to the Controller dated as of the Closing Date in substantially the form attached hereto as Exhibit D, (4) this Agreement, (5) a certified copy of the resolution of the Seller's City Council approving this Agreement, the transactions contemplated hereby and the documents attached hereto as exhibits, and (6) an escrow instruction letter in substantially the form attached hereto as Exhibit E; (ii) Transaction Counsel receiving on or before the Pricing Date, (1) a bringdown opinion of counsel to the Seller dated as of the Closing Date in substantially the form attached hereto as Exhibit B2, and (2) a bill of sale and bringdown certificate of the Seller (the "Bill of Sale") in substantially the form attached hereto as Exhibit C3provided that the Purchaser may waive, in its sole discretion, the requirements of Section 2(b)(ii)(1); (iii) the Purchaser issuing Bonds in an amount which will be sufficient to pay the Purchase Price; and (iv) the receipt by the Purchaser of a certification of the County Auditor confirming the Initial Amount of the Proposition 1 A Receivable pursuant to the Act. (c) The performance by the Seller of its obligations hereunder shall be conditioned solely upon the Purchaser's issuance of the Bonds its execution and delivery of this Agreement, pursuant to which it is legally obligated to pay the Installment Payments to the Seller on the Payment Dates as set forth in this Agreement, and no other act or omission on the part of the Purchaser or any other party shall excuse the Seller from performing its obligations hereunder. Seller specifically disclaims any right to rescind this Agreement, or to assert that title to the Proposition IA Receivable has not passed to the Purchaser, should Purchaser fail to make Installment Payments in the requisite amounts on the Payment Dates. 3. Purchase Price, Conveyance of Proposition IA Receivable and Payment of Purchase Price. (a) Upon pricing of the Bonds by the Purchaser, the Purchaser will inform the Seller that it will pay the Purchase Price in Installment Payments on the Payment Dates. (b) In consideration of the Purchaser's agreement to pay and deliver to the Seller the Installment Payments on the Payment Dates, the Seller agrees to (i) transfer, grant, bargain, sell, assign, convey, set over and deliver to the Purchaser, absolutely and not as collateral security, without recourse except as expressly provided herein, and the Purchaser agrees to purchase, accept and receive, the Proposition IA Receivable, and (ii) assign to the Purchaser, to the extent permitted by law, all present or future rights, if any, of the Seller to enforce or cause the enforcement of payment of the Proposition IA Receivable pursuant to the Act and other 3 241 applicable law. Such transfer, grant, bargain, sale, assignment, conveyance, set over and delivery is hereby expressly stated to be a sale and, pursuant to Section 6588.6(b) of the California Government Code, shall be treated as an absolute sale and transfer of the Proposition IA Receivable, and not as a grant of a security interest by the Seller to secure a borrowing. This is the statement referred to in Sections 6588.6(b) and (c) of the California Government Code. 4. Representations and warranties of the Purchaser. The Purchaser represents and warrants to the Seller, as of the date hereof, as follows: (a) The Purchaser is duly organized, validly existing and in good standing under the laws of the State of California. (b) The Purchaser has full power and authority to enter into this Agreement and to perform its obligations hereunder and has duly authorized such purchase and assignment of the Proposition 1 A Receivable by the Purchaser by all necessary action. (c) Neither the execution and delivery by the Purchaser of this Agreement, nor the performance by the Purchaser of its obligations hereunder, shall conflict with or result in a breach or default under any of its organizational documents, any law, rule, regulation, judgment, order or decree to which it is subject or any agreement or instrument to which it is a party. (d) To the best of the knowledge of the Purchaser, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Purchaser affecting the existence of the Purchaser or the titles of its commissioners or officers, or seeking to restrain or to enjoin the purchase of the Proposition lA Receivable or to direct the application of the proceeds of the purchase thereof, or in any way contesting or affecting the validity or enforceability of any of the Transaction Documents or any other applicable agreements or any action of the Purchaser contemplated by any of said documents, or in any way contesting the powers of the Purchaser or its authority with respect to the Transaction Documents to which it is a party or any other applicable agreement, or any action on the part of the Purchaser contemplated by the Transaction Documents, or in any way seeking to enjoin or restrain the Purchaser from purchasing the Proposition IA Receivable or which if determined adversely to the Purchaser would have an adverse effect upon the Purchaser's ability to purchase the Proposition I Receivable, nor to the knowledge of the Purchaser is there any basis therefor. (e) This Agreement, and its execution, delivery and performance hereof have been duly authorized by it, and this Agreement has been duly executed and delivered by it and constitutes its valid and binding obligation enforceable against it in accordance with the terms hereof, subject to the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors' rights generally or the application of equitable principles in any proceeding, whether at law or in equity. (f) The Purchaser is a separate legal entity, acting solely through its authorized representatives, from the Seller, maintaining separate records, books of account, assets, bank accounts and funds, which are not and have not been commingled with those of the Seller. 4 24 (g) All approvals, consents, authorizations, elections and orders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would adversely affect, the purchase by the Purchaser of the Proposition IA Receivable or the performance by the Purchaser of its obligations under the Transaction Documents to which it is a party and any other applicable agreements, have been obtained and are in full force and effect. (h) Insofar as it would materially adversely affect the Purchaser's ability to enter into, carry out and perform its obligations under any or all of the Transaction Documents to which it is a party, or consummate the transactions contemplated by the same, the Purchaser is not in breach of or default under any applicable constitutional provision, law or administrative regulation of the State of California or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which it is a party or to which it or any of its property or assets is otherwise subject, and, to the best of the knowledge of the Purchaser, no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or an event of default under any such instrument, and the execution and delivery by the Purchaser of the Transaction Documents to which it is a party, and compliance by the Purchaser with the provisions thereof, under the circumstances contemplated thereby, do not and will not conflict with or constitute on the part of the Purchaser a breach of or default under any agreement or other instrument to which the Purchaser is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the Purchaser is subject. 5. Representations and Warranties of the Seller. The Seller hereby represents and warrants to the Purchaser, as of the date hereof, as follows: (a) The Seller is a local agency within the meaning of Section 6585(f) of the California Government Code, with full power and authority to execute and deliver this Agreement and to carry out its terms. (b) The Seller has full power, authority and legal right to sell and assign the Proposition I Receivable to the Purchaser and has duly authorized such sale and assignment to the Purchaser by all necessary action; and the execution, delivery and performance by the Seller of this Agreement has been duly authorized by the Seller by all necessary action. (c) This Agreement has been, and as of the Closing Date the Bill of Sale will have been, duly executed and delivered by the Seller and, assuming the due authorization, execution and delivery of this Agreement by the Purchaser, each of this Agreement and the Bill of Sale constitutes a legal, valid and binding obligation of the Seller enforceable in accordance with its terms, subject to the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors' rights generally or the application of equitable principles in any proceeding, whether at law or in equity. (d) All approvals, consents, authorizations, elections and orders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would adversely affect, the sale by the Seller of the Proposition IA Receivable or the performance by the Seller of its 5 4 obligations under the Resolution and the Transaction Documents to which it is a party and any other applicable agreements, have been obtained and are in full force and effect. (e) Insofar as it would materially adversely affect the Seller's ability to enter into, carry out and perform its obligations under any or all of the Transaction Documents to which it is a party, or consummate the transactions contemplated by the same, the Seller is not in breach of or default under any applicable constitutional provision, law or administrative regulation of the State of California or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which it is a party or to which it or any of its property or assets is otherwise subject, and, to the best of the knowledge of the Seller, no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or an event of default under any such instrument, and the adoption of the Resolution and the execution and delivery by the Seller of the Transaction Documents to which it is a party, and compliance by the Seller with the provisions thereof, under the circumstances contemplated thereby, do not and will not conflict with or constitute on the part of the Seller a breach of or default under any agreement or other instrument to which the Seller is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the Seller is subject. (f) To the best of the knowledge of the Seller, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Seller affecting the existence of the Seller or the titles of its City "Council members or officers to their respective offices, or seeking to restrain or to enjoin the sale of the Proposition IA Receivable or to direct the application of the proceeds of the sale thereof, or in any way contesting or affecting the validity or enforceability of any of the Transaction Documents or any other applicable agreements or any action of the Seller contemplated by any of said documents, or in any way contesting the powers of the Seller or its authority with respect to the Resolution or the Transaction Documents to which it is a party or any other applicable agreement, or any action on the part of the Seller contemplated by the Transaction Documents, or in any way seeking to enjoin or restrain the Seller from selling the Proposition I Receivable or which if determined adversely to the Seller would have an adverse effect upon the Seller's ability to sell the Proposition 1 A Receivable, nor to the knowledge of the Seller is there any basis therefor. (g) Prior to the sale of the Proposition IA Receivable to the Purchaser, the Seller was the sole owner of the Proposition 1 A Receivable, and has such right, title and interest to the Proposition lA Receivable as provided in the Act. From and after the conveyance of the Proposition 1 A Receivable by the Seller to Purchaser on the Closing Date, the Seller shall have no right, title or interest in or to the Proposition IA Receivable. Except as provided in this Agreement, the Seller has not sold, transferred, assigned, set over or otherwise conveyed any right, title or interest of any kind whatsoever in all or any portion of the Proposition IA Receivable, nor has the Seller created, or to the best knowledge of the Seller permitted the creation of, any lien, pledge, security interest or any other encumbrance (a "Lien") thereon. Prior to the sale of the Proposition IA Receivable to the Purchaser, the Seller held title to the Proposition 1 A Receivable free and clear of any Liens. As of the Closing Date, this Agreement, together with the Bill of Sale, constitutes a valid and absolute sale to the Buyer of all of the Seller's right, title and interest in and to the Proposition I Receivable. 6 244 (h) The Seller acts solely through its authorized officers or agents. (i) The Seller maintains records and books of account separate from those of the Purchaser. 0) The Seller maintains its respective assets separately from the assets of the Purchaser (including through the maintenance of separate bank accounts); the Seller's funds and assets, and records relating thereto, have not been and are not commingled with those of the Purchaser. (k) The Seller's principal place of business and chief executive office is located at 8'4SS,Calle Tampico, La Quints, CA 92253. (1) The aggregate amount of the Installment Payments is reasonably equivalent value for the Proposition 1 A Receivable. The Seller acknowledges that the amount payable to or on behalf of the Purchaser by the State with respect to the Proposition IA Receivable will be in excess of the Purchase Price and the Initial Amount of the Proposition IA Receivable and confirms that it has no claim to any such excess amount whatsoever. (m) The Seller does not act as an agent of the Purchaser in any capacity, but instead presents itself to the public as an entity separate from the Purchaser. (n) The Seller has not guaranteed and shall not guarantee the obligations of the Purchaser, nor shall it hold itself out or permit itself to be held out as having agreed to pay or as being liable for the debts of the Purchaser; and the Seller has not received nor shall the Seller accept any credit or financing from any Person who is relying upon the availability of the assets of the Purchaser in extending such credit or financing. The Seller has not purchased and shall not purchase any of the Bonds or any interest therein. (o) All transactions between or among the Seller, on the one hand, and the Purchaser on the other hand (including, without limitation, transactions governed by contracts for services and facilities, such as payroll, purchasing, accounting, legal and personnel services and office space), whether existing on the date hereof or entered into after the date hereof, shall be on terms and conditions (including, without limitation, terms relating to amounts to be paid thereunder) which are believed by each such party thereto to be both fair and reasonable and comparable to those available on an arms -length basis from Persons who are not affiliates. (p) The Seller has not, under the provisions of Section 100.06(b) of the California Revenue and Taxation Code, received a reduction for hardship or otherwise, nor has it requested, made arrangements for, or completed a reallocation or exchange with any other local agency, of the total amount of the ad valorem property tax revenue reduction allocated to the Seller pursuant to Section 100.06(a) of the California Revenue and Taxation Code. 6. Covenants of the Seller. (a) The Seller shall not take any action or omit to take any action which adversely affects the interests of the Purchaser in the Proposition IA Receivable and in the proceeds thereof. The Seller shall not take any action or omit to take any action that shall adversely affect 245 the ability of the Purchaser, and any assignee of the Purchaser, to receive payments of the Proposition IA Receivable. (b) The Seller shall not take any action or omit to take any action that would impair the validity or effectiveness of the Act, nor, without the prior written consent of the Purchaser or its assignees, agree to any amendment, modification, termination, waiver or surrender of, the terms of the Act, or waive timely performance or observance under the Act. Nothing in this agreement shall impose a duty on the Seller to seek to enforce the Act or to seek enforcement thereof by others, or to prevent others from modifying, terminating, discharging or impairing the validity or effectiveness of the Act. (c) Upon request of the Purchaser or its assignee, (i) the Seller shall execute and deliver such further instruments and do such further acts (including being named as a plaintiff in an appropriate proceeding) as may be reasonably necessary or proper to carry out more effectively the purposes and intent of this Agreement and the Act, and (ii) the Seller shall take all actions necessary to preserve, maintain and protect the title of the Purchaser to the Proposition I Receivable. (d) On or before the Closing Date, the Seller shall send (or cause to be sent) an irrevocable instruction to the Controller pursuant to Section 6588.6(c) of California Government Code to cause the Controller to disburse all payments of the Proposition lA Receivable to the Trustee, together with notice of the sale of the Proposition IA Receivable to the Purchaser and the assignment of all or a portion of such assets by the Purchaser to the Trustee. Such notice and instructions shall be in the form of Exhibit D hereto. The Seller shall not take any action to revoke or which would have the effect of revoking, in whole or in part, such instructions to the Controller. Upon sending such irrevocable instruction, the Seller shall have relinquished and waived any control over the Proposition IA Receivable, any authority to collect the Proposition IA Receivable, and any power to revoke or amend the instructions to the Controller contemplated by this paragraph. Except as provided in Section 2(c) of this Agreement, the Seller shall not rescind, amend or modify the instruction described in the first sentence of this paragraph. The Seller shall cooperate with the Purchaser or its assignee in giving instructions to the Controller if the Purchaser or its assignee transfers the Proposition IA Receivable. In the event that the Seller receives any proceeds of the Proposition lA Receivable, the Seller shall hold the same in trust for the benefit of the Purchaser and the Trustee and each Credit Enhancer, as assignees of the Purchaser, and shall promptly remit the same to the Trustee. (e) The Seller hereby covenants and agrees that it will not at any time institute against the Purchaser, orjoin in instituting against the Purchaser, any bankruptcy, reorganization, arrangement, insolvency, liquidation, or similar proceeding under any United States or state bankruptcy or similar law. (f) The financial statements and books and records of the Seller prepared after the Closing Date shall reflect the separate existence of the Purchaser and the sale to the Purchaser of the Proposition IA Receivable. (g) The Seller shall treat the sale of the Proposition 1 A Receivable as a sale for regulatory and accounting purposes. 246 (h) From and after the date of this Agreement, the Seller shall not sell, transfer, assign, set over or otherwise convey any right, title or interest of any kind whatsoever in all or any portion of the Proposition I Receivable, nor shall the Seller create, or to the knowledge of the Seller permit the creation of, any Lien thereon. 7. The Purchaser's Acknowledgment. The Purchaser acknowledges that the Proposition I Receivable is not a debt or liability of the Seller, and that the Proposition I Receivable is payable solely by the State from the funds of the State provided therefor. Consequently, neither the taxing power of the Seller, nor the full faith and credit thereof is pledged to the payment of the Proposition IA Receivable. No representation is made by the Seller concerning the obligation or ability of the State to make any payment of the Proposition IA Receivable pursuant to Section 100.06 of the Revenue and Taxation Code and Section 25.5 of Article XIII of the California Constitution, nor is any representation made with respect to the ability of the State to enact any change in the law applicable to the Transaction Documents (including without limitation Section 100.06 of the Revenue and Taxation Code or Section 6588.6 of the Government Code). The Purchaser acknowledges that the Seller has no obligation with respect to any offering document or disclosure related to the Bonds. 8. Notices of Breach. (a) Upon discovery by the Seller or the Purchaser that the Seller or Purchaser has breached any of its covenants or that any of the representations or warranties of the Seller or the Purchaser are materially false or misleading, in a manner that materially and adversely affects the value of the Proposition IA Receivable or the Purchase Price thereof, the discovering party shall give prompt written notice thereof to the other party and to the Trustee, as assignee of the Purchaser, who shall, pursuant to the Indenture, promptly thereafter notify each Credit Enhancer and the Rating Agencies. (b) The Seller shall not be liable to the Purchaser, the Trustee, the holders of the Bonds, or any Credit Enhancer for any loss, cost or expense resulting from the failure of the Trustee, any Credit Enhancer or the Purchaser to promptly notify the Seller upon the discovery by an authorized officer of the Trustee, any Credit Enhancer or the Purchaser of a breach of any covenant or any materially false or misleading representation or warranty contained herein. 9. Liability of Seller; Indemnification. The Seller shall be liable in accordance herewith only to the extent of the obligations specifically undertaken by the Seller under this Agreement. The Seller shall indemnify, defend and hold harmless the Purchaser, the Trustee and each Credit Enhancer, as assignees of the Purchaser, and their respective officers, directors, employees and agents from and against any and all costs, expenses, losses, claims, damages and liabilities to the extent that such cost, expense, loss, claim, damage or liability arose out of, or was imposed upon any such Person by the Seller's breach of any of its covenants contained herein or any materially false or misleading representation or warranty of the Seller contained herein. Notwithstanding anything to the contrary herein, the Seller shall have no liability for the payment of the principal of or interest on the Bonds issued by the Purchaser. 9 247 10. Limitation on Liability. (a) The Seller and any officer or employee or agent of the Seller may rely in good faith on the advice of counsel or on any document of any kind, prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Seller shall not be under any obligation to appear in, prosecute or defend any legal action regarding the Act that is unrelated to its specific obligations under this Agreement. (b) No officer or employee of the Seller shall have any liability for the representations, warranties, covenants, agreements or other obligations of the Seller hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Seller. 11. The Seller's Acknowledgment. The Seller hereby agrees and acknowledges that the Purchaser intends to assign and grant a security interest in all or a portion of (a) its rights hereunder and (b) the Proposition IA Receivable, to the Trustee and each Credit Enhancer pursuant to the Indenture. The Seller further agrees and acknowledges that the Trustee, the holders of the Bonds, and each Credit Enhancer have relied and shall continue to rely upon each of the foregoing representations, warranties and covenants, and further agrees that such Persons are entitled so to rely thereon. Each of the above representations, warranties and covenants shall survive any assignment and grant of a security interest in all or a portion of this Agreement or the Proposition IA Receivable to the Trustee and each Credit Enhancer and shall continue in full force and effect, notwithstanding any subsequent termination of this Agreement and the other Transaction Documents. The above representations, warranties and covenants shall inure to the benefit of the Trustee and each Credit Enhancer. 12. Notices. All demands upon or, notices and communications to, the Seller, the Purchaser, the Trustee or the Rating Agencies under this Agreement shall be in writing, personally delivered or mailed by certified mail, return receipt requested, to such party at the appropriate notice address, and shall be deemed to have been duly given upon receipt. 13. Amendments. This Agreement may be amended by the Seller and the Purchaser, with (a) the consent of the Trustee, (b) the consent of each Credit Enhancer, and (c) a Rating Agency Confirmation, but without the consent of any of the holders of the Bonds, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Agreement. Promptly after the execution of any such amendment, the Purchaser shall furnish written notification of the substance of such amendment to the Trustee and to the Rating Agencies. 14. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Seller, the Purchaser and their respective successors and permitted assigns. The Seller may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Purchaser. Except as specified herein, the Purchaser may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Seller. 10 248 15. Third PartyRights. The Trustee and each Credit Enhancer are express and intended third party beneficiaries under this Agreement. Nothing expressed in or to be implied from this Agreement is intended to give, or shall be construed to give, any Person, other than the parties hereto, the Trustee, and each Credit Enhancer, and their permitted successors and assigns hereunder, any benefit or legal or equitable right, remedy or claim under or by virtue of this Agreement or under or by virtue of any provision herein. 16. Partial Invalidity. If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of this Agreement nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired thereby. 17. Counteroarts. This Agreement may be executed in any number of identical counterparts, any set of which signed by all the parties hereto shall be deemed to constitute a complete, executed original for all purposes. 18. Entire Agreement. This Agreement sets forth the entire understanding and agreement of the parties with respect to the subject matter hereof and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter hereof. 249 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the Seller and the Purchaser have caused this Agreement to be duly executed as of the date first written above. CITY OF LA_QUINTA, as Seller Authorized Officer CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, as Purchaser Authorized Signatory 12 2JU EXHIBIT A DEFINITIONS For all purposes of this Agreement, except as otherwise expressly provided herein or unless the context otherwise requires, capitalized terms not otherwise defined herein shall have the meanings set forth below. "Act" means Chapter 14XXXX of the California Statutes of 2009 (Assembly Bill No. 15), as amended. "Bill of Sale" has the meaning given to that term in Section 2(b)(ii) hereof. "Closing Date" means the date on which the Bonds are issued. The Closing Date is expected to be November 19, 2009, but the Purchaser may change the Closing Date by providing e-mail notification to �falcone@la quinta.org not later than one day prior to the Closing Date. "Controller" means the Controller of the State. "County Auditor" means the auditor or auditor -controller of the county within which the Seller is located. "Credit Enhancer" means any municipal bond insurance company, bank or other financial institution or organization which is performing in all material respects its obligations under any Credit Support Instrument for some or all of the Bonds. "Credit Support Instrument" means a policy of insurance, a letter of credit, a stand-by purchase agreement, a revolving credit agreement or other credit arrangement pursuant to which a Credit Enhancer provides credit or liquidity support with respect to the payment of interest, principal or purchase price of the Bonds. "Initial Amount" means, with respect to the Proposition IA Receivable, the amount of property tax revenue reallocated away from the Seller pursuant to the provisions of Section 100.06 of the Revenue and Taxation Code, as certified by the County Auditor pursuant to the Act. "Installment Payments" have the meaning set forth in Section 2(a). "Payment Dates" have the meaning set forth in Section 2(a). "Pricing Date" means the date on which the Bonds are sold. The Pricing Date is expected to be November 10, 2009, but the Purchaser may change the Pricing Date by providing e-mail notification to jfalcone@la qumtawoeg not later than one day prior to the Pricing Date. "Principal Place of Business" means, with respect to the Seller, the location of the Seller's principal place of business and chief executive office located at 1jt 4- Calle Tampico, L',a Qutiita, CA 92253. FEW 251 "Proposition I Receivable" has the meaning set forth in Section 2(a). "Purchase Price" means an amount equal to the Initial Amount. "Rating Agency" means any nationally recognized rating agency then providing or maintaining a rating on the Bonds at the request of the Purchaser. "Rating Agency Confirmation" means written confirmation from each Rating Agency that any proposed action will not, in and of itself, cause the Rating Agency to lower, suspend or withdraw the rating then assigned by such Rating Agency to any Bonds. "Resolution" means the resolution adopted by the City Council approving the sale of the Proposition I Receivable. "State" means the State of California. "Transaction Counsel" means Orrick, Herrington & Sutcliffe LLP. "Transaction Documents" mean this Agreement, the Bill of Sale, the Indenture, the Bonds and the Irrevocable Instructions For Disbursement of Proposition IA Receivable of City of La Quinta, dated as of the Closing Date. A-2 252 Direct Dial: (714) 641-3421 E-mail: swolcott@rutan.com EXHIBIT B1 Dated: Pricing Date California Statewide Communities Development Authority Sacramento, California Wells Fargo Bank, National Association Los Angeles, California Re: Sale of Proposition I Receivable Ladies & Gentlemen: We have acted as counsel for the City of La Quinta (the "Seller") in connection with the adoption of that certain resolution (the "Resolution") of the City Council of the Seller (the "Governing Body") pursuant to which the Seller authorized the sale to the California Statewide Communities Development Authority (the "Purchaser") of the Seller's "Proposition IA Receivable", as defined in and pursuant to the Purchase and Sale Agreement dated as of November 1, 2009 (the "Sale Agreement") between the Seller and the Purchaser. In connection with these transactions, the Seller has issued certain Irrevocable Instructions For Disbursement of the Seller's Proposition 1 A Receivable to the Controller of the State of California (the "Disbursement Instructions") and a Bill of Sale and Bringdown Certificate of the Seller (the "Bill of Sale" and, collectively with the Sale Agreement and the Disbursement Instructions, the "Seller Documents"). Unless the context otherwise requires, capitalized terms used but not otherwise defined herein shall have the meanings given to such terms in the Sale Agreement. We have examined and are familiar with the Seller Documents and with those documents relating to the existence, organization, and operation of the Seller, the adoption of the Resolution, and the execution of the Seller Documents, and have satisfied ourselves as to such other matters as we deem necessary in order to render the following opinions. As to paragraphs numbered 3 and 4 below, we have relied as to factual matters on the representations and warranties of the Seller contained in the Sale Agreement. Based upon the foregoing, and subject to the limitations and qualifications set forth herein, we are of the opinion that: 1. The Seller is a local agency, within the meaning of Section 6585(f) of the California Government Code. The Governing Body is the governing body of the Seller. 253 146/015610-0002 1044380 01 a10/13/09 California Statewide Communities Development Authority Wells Fargo Bank, National Association Dated: Pricing Date Page 2 2. The Resolution was duly adopted at a meeting of the Governing Body, which was called and held pursuant to law and with all public notice required by law, and at which a quorum was present and acting throughout, and the Resolution is in full force and effect and has not been modified, amended or rescinded since the date of its adoption. 3. To our knowledge, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Seller (i) affecting the existence of the Seller or the titles of its Governing Body members or officers to their respective offices; (ii) seeking to restrain or to enjoin the sale of the Proposition IA Receivable or to direct the application of the proceeds of the sale thereof, or materially adversely affecting the sale of the Proposition IA Receivable; (iii) in any way contesting or affecting the validity or enforceability of the Resolution, Seller Documents or any other applicable agreements or any action of the Seller contemplated by any of said documents; or (iv) in any way contesting the powers of the Seller or its authority with respect to the Resolution or the Seller Documents or any other applicable agreement, or any action on the part of the Seller contemplated by any of said documents. 4. To the best of our knowledge, prior to the sale of the Proposition I Receivable to the Purchaser, the Seller had not sold, transferred, assigned, set over or otherwise conveyed any right, title or interest of any kind whatsoever in all or any portion of the Seller's Proposition 1 A Receivable, nor had the Seller created, or permitted the creation of, any Lien thereon. 5. The Seller has duly authorized and executed the Seller Documents and, assuming the due authorization execution and delivery of the Sale Agreement by the Purchaser, each Seller Document will be legal, valid and binding against the Seller and enforceable against the Seller in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, fraudulent conveyance, moratorium or laws relating to or affecting creditors' rights, and the application of equitable principles and the exercise of judicial discretion in appropriate areas. No opinion is expressed concerning the obligation or ability of the State of California to make any payment of the Proposition IA Receivable pursuant to Section 100.06 of the Revenue and Taxation Code and Section 25.5 of Article XIII of the California Constitution, nor is any opinion expressed with respect to the ability of the State to enact any change in the law applicable to the Seller Documents (including, without limitation, Section 100.06 of the Revenue and Taxation Code or Section 6588.6 of the Government Code). Furthermore, we express no opinion as to the value of the Proposition 1 A Receivable or as to any legal or equitable remedies that may be available to any person should the Proposition I Receivable have little or no value. No opinion is expressed with respect to the sale of Bonds by the Purchaser. 146/015610-0002 1044380.01 a10/13/09 254 California Statewide Communities Development Authority Wells Fargo Bank, National Association Dated: Pricing Date Page 3 The legal opinion set forth herein is intended for the information solely of the addressees hereof and for the purposes contemplated by the Sale Agreement. The addressees may not rely on it in connection with any transactions other than those described herein, and it is not to be relied upon by any other person or entity, or for any other purpose, or quoted as a whole or in part, or otherwise referred to, in any document, or to be filed with any governmental or administrative agency other than the Purchaser or with any other person or entity for any purpose without our prior written consent. In addition to the addressees hereof, each Credit Enhancer and the underwriters of the Bonds may rely upon this legal opinion as if it were addressed to them. We do not undertake to advise you of matters that may come to our attention subsequent to the date hereof that may affect the opinions expressed herein. Very truly yours, RUTAN & TUCKER, LLP Seller's Counsel MMOM,M$ 146/015610-0002 1044380.01 a10/13/09 251 Direct Dial: (714) 641-3421 E-mail: swolcon@mtan.com IMIII:lYIftYa Dated: Closing Date California Statewide Communities Development Authority Sacramento, California Wells Fargo Bank, National Association Los Angeles, California Re: Sale of Proposition I Receivable (Bringdown Opinion) Ladies & Gentlemen: Pursuant to that certain Purchase and Sale Agreement dated as of November 1, 2009 (the "Sale Agreement") between the City of La Quinta (the "Seller") and the California Statewide Communities Development Authority (the "Purchaser"), this firm delivered an opinion (the "Opinion") dated the Pricing Date, as counsel for the Seller in connection with the sale of the Seller's Proposition IA Receivable (as defined in the Sale Agreement), the execution of documents related thereto and certain other related matters. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Sale Agreement. We confirm that you may continue to rely upon the Opinion as if it were dated as of the date hereof. Each Credit Enhancer and the underwriters of the Bonds may rely upon this legal opinion as if it were addressed to them. This letter is delivered to you pursuant to Section 2(b)(ii)(1) of the Sale Agreement. Very truly yours, RUTAN & TUCKER, LLP Seller's Counsel S W:ctm 256 146/015610-0002 1044381 01 a10/13/09 EXHIBIT C1 CLERK'S CERTIFICATE CERTIFICATE OF THE CITY CLERK OF CITY OF LA QUINTA, CALIFORNIA Dated: Pricing Date The undersigned City Clerk of the City of I,a Qugta (the "Seller"), a local agency of the State of California within the meaning of Section 6585(f) of the California Government Code, does hereby certify that the foregoing is a full, true and correct copy of Resolution No. duly adopted at a regular meeting of the Crty Counci_I of said Seller duly and legally held at the regular meeting place thereof on the day of 2009, of which meeting all of the members of said City Council, had due notice and at which a quorum was present and acting throughout, and that at said meeting said resolution was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: I do hereby further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office and that said resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes and that said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. I do hereby further certify that an agenda of said meeting was posted at least 72 hours before said meeting at a. location in the City of La Quinta, California freely accessible to members of the public, and a brief general description of said resolution appeared on said agenda. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Purchase and Sale Agreement, dated as of November 1, 2009, between the Seller and the California Statewide Communities Development Authority. WITNESS by my hand as of the Pricing Date. By: City"Clerk of the City_ofLa Quinta, California C1-1 EXHIBIT C2 SELLER CERTIFICATE SELLER CERTIFICATE Dated: Pricing Date We, the undersigned officers of the C>ty of La Quipta (the "Seller"), a local agency of the State of California within the meaning of Section 6585(f) of the California Government Code, holding the respective offices herein below set opposite our signatures, do hereby certify that on the date hereof the following documents (the "Seller Transaction Documents") were officially executed and delivered by the Authorized Officer or Officers whose names appear on the executed copies thereof, to wit: Document 1. Purchase and Sale Agreement, dated as of November 1, 2009 (the "Sale Agreement"), between the Seller and the California Statewide Communities Development Authority (the "Purchaser"). 2. Irrevocable Instructions For Disbursement of Seller's Proposition 1 A Receivable to the Controller of the State of California, dated the Closing Date. 3. Bill of Sale, dated the Closing Date. Capitalized terms used herein and not defined herein shall have the meaning given such terms in the Sale Agreement. We further certify as follows: At the time of signing the Seller Transaction Documents and the other documents and opinions related thereto, we held said offices, respectively, and we now hold the same. 2. The representations and warranties of the Seller contained in the Seller Transaction Documents are true and correct as of the date hereof in all material respects. 3. The City Council duly adopted its resolution (the "Resolution") approving the sale of the Seller's Proposition I Receivable at a meeting of the City Council which was duly called and held pursuant to law with all public notice required by law and at which a quorum was present and acting when the Resolution was adopted, and such Resolution is in full force and effect and has not been amended, modified, supplemented or rescinded. C2-1 256 EXHIBIT C3 BILL OF SALE AND BRINGDOWN CERTIFICATE BILL OF SALE AND BRINGDOWN CERTIFICATE Pursuant to terms and conditions of the Purchase and Sale Agreement (the "Sale Agreement'), dated as of November 1, 2009, between the undersigned (the "Seller") and the California Statewide Communities Development Authority (the "Purchaser"), and in consideration of the obligation of the Purchaser to pay and deliver to the Seller the Purchase Price (as defined in the Sale Agreement), in two equal installment payments to be made on January 15, 2010, and May 3, 2010 (collectively, the "Payment Dates"), the Seller does hereby (a) transfer, grant, bargain, sell, assign, convey, set over and deliver to the Purchaser, absolutely and not as collateral security, without recourse except as expressly provided in the Sale Agreement, the Proposition IA Receivable as defined in the Sale Agreement (the "Proposition IA Receivable"), and (b) assign to the Purchaser, to the extent permitted by law (as to which no representation is made), all present or future rights, if any, of the Seller to enforce or cause the enforcement of payment of the Proposition IA Receivable pursuant to the Act and other applicable law. Such transfer, grant, bargain, sale, assignment, conveyance, set over and delivery is hereby expressly stated to be a sale and, pursuant to Section 6588.6(b) of the California Government Code, shall be treated as an absolute sale and transfer of the Proposition lA Receivable, and not as a grant of a security interest by the Seller to secure a borrowing. Seller specifically disclaims any right to rescind the Agreement, or to assert that title to the Proposition IA Receivable has not passed to the Purchaser, should Purchaser fail to make the installment payments in the requisite amounts on the Payment Dates. The Seller hereby certifies that the representations and warranties of the Seller set forth in the Certificate of the City Clerk dated the Pricing Date, the Seller Certificate dated dated the Pricing Date and in the Transaction Documents to which the Seller is a party are true and correct in all material respects as of the date hereof (except for such representations and warranties made as of a specified date, which are true and correct as of such date). Capitalized terns used but not defined herein shall have the meanings given to such terms in the Sale Agreement. Dated: Closing Date CITY OF: LA QUINTA LN Authorized Officer 259 Name. Official Title Si nature genuine. ,Cty�Mariager mar Director s.___._._� __R 1 HEREBY CERTIFY that the signatures of the officers named above are Dated: Pricing Date By: City Clerk of the City of La Quinta, California C2-2 260 EXHIBIT C3 BILL OF SALE AND BRINGDOWN CERTIFICATE BILL OF SALE AND BRINGDOWN CERTIFICATE Pursuant to terms and conditions of the Purchase and Sale Agreement (the "Sale Agreement"), dated as of November 1, 2009, between the undersigned (the "Seller") and the California Statewide Communities Development Authority (the "Purchaser"), and in consideration of the obligation of the Purchaser to pay and deliver to the Seller the Purchase Price (as defined in the Sale Agreement), in two equal installment payments to be made on January 15, 2010, and May 3, 2010 (collectively, the "Payment Dates"), the Seller does hereby (a) transfer, grant, bargain, sell, assign, convey, set over and deliver to the Purchaser, absolutely and not as collateral security, without recourse except as expressly provided in the Sale Agreement, the Proposition 1A Receivable as defined in the Sale Agreement (the "Proposition IA Receivable"), and (b) assign to the Purchaser, to the extent permitted by law (as to which no representation is made), all present or future rights, if any, of the Seller to enforce or cause the enforcement of payment of the Proposition IA Receivable pursuant to the Act and other applicable law. Such transfer, grant, bargain, sale, assignment, conveyance, set over and delivery is hereby expressly stated to be a sale and, pursuant to Section 6588.6(b) of the California Government Code, shall be treated as an absolute sale and transfer of the Proposition lA Receivable, and not as a grant of a security interest by the Seller to secure a borrowing. Seller specifically disclaims any right to rescind the Agreement, or to assert that title to the Proposition IA Receivable has not passed to the Purchaser, should Purchaser fail to make the installment payments in the requisite amounts on the Payment Dates. The Seller hereby certifies that the representations and warranties of the Seller set forth in the Certificate of the City Clerk dated the Pricing Date, the Seller Certificate dated the Pricing Date and in the Transaction Documents to which the Seller is a party are true and correct in all material respects as of the date hereof (except for such representations and warranties made as of a specified date, which are true and correct as of such date). Capitalized terms used but not defined herein shall have the meanings given to such terms in the Sale Agreement. Dated: Closing Date C3-1 CITY OF. LA QUINTA By: Authorized Officer 261 EXHIBIT D IRREVOCABLE INSTRUCTIONS TO CONTROLLER IRREVOCABLE INSTRUCTIONS FOR DISBURSEMENT OF PROPOSITION IA RECEIVABLE OF CITY O) LA? @N Dated: Closing Date Office of the Controller State of California P.O. Box 942850 Sacramento, California 94250-5872 Re: Notice of Sale of Proposition 1 A Receivable by the City, of La Quinta and Wiring Instructions Information Form Dear Sir or Madam: Pursuant to Section 6588.6(c) of the California Government Code, City_ _of La Quetta (the "Seller") hereby notifies you of the sale by Seller, effective as of the date of these instructions written above, of all right, title and interest of the Seller in and to the "Proposition lA Receivable" as defined in Section 6585(g) of the California Government Code (the "Proposition I Receivable"), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. By resolution, the Seller's City Council authorized the sale of the Proposition I A Receivable to the California Statewide Communities Development Authority (the "Purchaser") pursuant to a Purchase and Sale Agreement, dated as of November 1, 2009 (the "Purchase and Sale Agreement") and a Bill of Sale, dated the Closing Date (as defined in the Purchase and Sale Agreement). The Proposition IA Receivable has been pledged and assigned by the Purchaser pursuant to an Indenture, dated as of November 1, 2009 (the "Indenture") between the Purchaser and Wells Fargo Bank, National Association, as Trustee (the "Trustee"). The Seller hereby irrevocably requests and directs that, commencing as of the date of these instructions written above, all payments of the Proposition IA Receivable (and documentation related thereto) be made directly to Wells Fargo Bank, National Association, as Trustee, in accordance with the wire instructions and bank routing information set forth below. Please note that the sale of the Proposition lA Receivable by the Seller is irrevocable and that. (1) the Seller has no power to revoke or amend these instructions at any time; (fi) the Purchaser shall have the power to revoke or amend these instructions only if there are no notes of the Purchaser outstanding under the Indenture and the Indenture has been discharged; and (fii) so long as the Indenture has not been discharged, these instructions cannot be revoked or amended by the Purchaser without the consent of the Trustee. Should D-1 2E the Purchaser, however, deliver a written notice to the Office of the Controller stating that: (a) the Seller failed to meet the requirements set forth in the Purchase and Sale Agreement; (b) the Purchaser has not waived such requirements; and (c) the Purchaser has not purchased the Proposition lA Receivable as a result of the circumstances described in (a) and (b) above, then these instructions shall be automatically rescinded and the Seller shall again be entitled to receive all payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. Bank Name: Wells Fargo Bank, N.A. Bank ABA Routing #: 121000248 Bank Account#: 0001038377 Bank Account Name: Corporate Trust Clearing Further Credit To: CSCDA Proposition I Bonds Bank Address: 707 Wilshire Blvd., 17th Floor MAC E2818-176 Los Angeles, CA 90017 Bank Telephone #: (213) 614-3353 Bank Contact Person: Robert Schneider Please do not hesitate to call the undersigned if you have any questions regarding this transaction. Thank you for your assistance in this matter. Very truly yours, _ry. ___Q_INT C[TY OF LA UINTA Authorized Officer D-2 261 EXHIBIT E ESCROW INSTRUCTION LETTER ESCROW INSTRUCTION LETTER M California Statewide Communities Development Authority 1100 K Street Sacramento, CA 95814 Re: Proposition IA Receivable Financing Dear Sir or Madam: The�ty of La Qmttta (the "Seller") hereby notifies you of its agreement to participate in the California Statewide Communities Development Authority Proposition IA Receivable Financing. By adoption of a resolution (the "Resolution") authorizing the sale of its Proposition IA Receivable, the Seller's Ctty _Council has agreed to sell to the California Statewide Communities Development Authority (the "Purchaser"), for a purchase price that meets the conditions set forth in the Resolution, all of its right, title and interest in the Proposition IA Receivable. Enclosed herewith are the following documents which have been duly approved and executed by the Seller and which are to be held in escrow by Orrick, Herrington & Sutcliffe LLP, as transaction counsel ("Transaction Counsel"), as instructed below: certified copy of the Resolution, together with a certificate of the Git_y Clerk, dated the Pricing Date; 2. the Seller Certificate, dated the Pricing Date; 3. the Opinion of Seller's Counsel, dated the Pricing Date; 4. the Opinion of Seller's Counsel (bringdown opinion), dated the Closing Date; 5. the Purchase and Sale Agreement, dated as of November 1, 2009; 6. the Bill of Sale and Bringdown Certificate, dated the Closing Date; and 7. the Irrevocable Instructions to Controller, dated the Closing Date. The foregoing documents are to be held in escrow by Transaction Counsel and shall be delivered on the Closing Date (as defined in the Purchase and Sale Agreement), provided that such Closing Date occurs on or before December 31, 2009. E-1 264 Should (i) the Closing Date not occur on or berfore December 31, 2009, or (ii) Transaction Counsel receive prior to the Closing Date written notification from Seller or Seller's Counsel stating, respectively and in good faith, that the representations made in the Seller's Certificate are not true and accurate, or the opinions set forth in the Opinion of Seller's Counsel are not valid, in each case as of the Closing Date and provided that the Purchaser may, in its sole discretion, choose to waive receipt of such representations or opinions, then this agreement shall terminate and Transaction Counsel shall destroy all of the enclosed documents. Enclosures cc: Orrick, Herrington & Sutcliffe LLP Very truly yours, CITY OF LA_QUINTA' E-2 Authorized Officer 26-j 64ZO Q"1KrC4JJ F`y OF'FKf'v COUNCIL/RDA MEETING DATE: October 20, 2009 AGENDA CATEGORY: ITEM TITLE: Approval of a Professional Services BUSINESS SESSION: Agreement (PSA) with MSA Consulting, Inc. to CONSENT CALENDAR: e� Prepare the Plans, Specifications and Engineer's Estimate (PS&E) of Probable Construction Costs for STUDY SESSION: the Washington Street Widening Improvements, PUBLIC REARING: Project Number 2008-18 RECOMMENDATION: Approve a Professional Services Agreement (PSA), in the amount of $36,710, with MSA Consulting, Inc. to prepare the plans, specifications and engineer's estimate (PS&E) for the Washington Street Widening Improvements, Project Number 2008- 18 and authorize the City Manager to execute the PSA. FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources: Proposition 1 B Streets and Roads Program $610,888 Total Funding Available: $610,888 The following is the anticipated project budget: Design: $45,370 Inspection/Testing/Survey: $44,235 Construction: $453,700 Contingency: $67,583 Total: $ 610,888 As illustrated, adequate funding is available to support staff's recommendation. CHARTER CITY IMPLICATIONS: The project is partially funded with Proposition 1 B Local Streets and Roads Funds. As such, the project will be bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The proposed improvements will be constructed on Washington Street from Avenue 50 north approximately 600 linear feet (Attachment 1). The project includes the addition of a third northbound travel lane, curb and gutter, 6' striped bike path, 6' behind the curb sidewalk, and relocation of four (4) power poles. In addition, the engineering effort will include the design of a temporary sidewalk on the north half of Avenue 50, between Washington Street and the Evacuation Channel. The Avenue 50 improvements may or may not be recommended for construction depending on funding availability. All of the proposed improvements were analyzed for environmental impacts as part of the La Paloma Retirement Community development project (EA 04-470). On December 16, 2008, the City Council approved the inclusion of the Washington Street Improvements within the City's Fiscal Year 2008-2009 Capital Improvement Program (CIP) and appropriated $610,888 from the Local Proposition 1 B Streets and Roads Program. Shortly after the December 16, 2008 action, the State of California (State) advised the City that the Local Proposition 1 B funds were delayed due to the state budget crisis and that the 1 B funds assigned to new projects would be delayed. The Local Proposition 1 B funding assigned to the Washington Street Widening Improvements has now been released by the State and has been received by the City. On July 21, 2009, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the PS&E for the Washington Street Widening Improvements, Project Number 2008-18, and appointed a consultant selection committee. On August 25, 2009, the City received twenty-six (26) proposals for design of the Washington Street Widening Improvements. Following its review, the consultant selection committee unanimously recommends MSA Consulting, Inc. be awarded a PSA to prepare the PS&E for the Washington Street Widening Improvements, Project Number 2008-18 (Attachment 2). to - Contingent upon City Council approval of the PSA (Attachment 1) on October 20, 2009, the following is how the project is expected to proceed: City Council approves PSA October 20, 2009 Project design (4 months) November 2009 — February 2010 Advertise the project for construction March 2010 Construction (4 months) April 2010 — July 2010 Accept improvements September 2010 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve a PSA, in the amount of $36,710, with MSA Consulting, Inc. to prepare the PS&E for the Washington Street Widening Improvements, Project Number 2008-18 and authorize the City Manager to execute the PSA; or 2. Do not approve a PSA, in the amount of 36,710, to prepare the PS&E for the Washington Street Project Number 2008-18; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. Jo ass E. Public Work irec r/City Engineer with MSA Consulting, Inc. Widening Improvements, Approved for submission by: r- Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Professional Services Agreement (PSA) 339 ATTACHMENT 1 L WASHINGTON STREET WIDENING VIC -HW. ttI W 4p� h /SITE z =i"50th AVENUE S 3 � SZnd AVENUE � f ITY NOT TO SCALE MA 26 I 1. 390 ATTACHMENT 2 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 MSA Consulting, 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 the Washington Street Widening Improvements, Project No. 2008-18, 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). , 71 0 Last revised 6-30-09 - I- 391 91 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 Thirty-six Thousand Seven Hundred Ten Dollars ($36,71O) (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 Last revised 6-30-09 - Z - 11. 271 392 0 and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (1Oth) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 27� Last revised 6-30-09 - 3 - 393 3.4 Term. The term of this agreement shall commence on October 21, 2009 and terminate on August 31, 2010 (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: a. Robert S. Smith, P.E., President/CEO b. Bruce Kassler, Senior Project Manager 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. Last revised 6-30-09 - 4 - ., 2 13 394 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 AND INDEMNIFICATION. 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 (on the general liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. The following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -:VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability $1,000,000 (per claim and aggregate) Last revised 6-30-09 - 5 - 27 395 Workers' Compensation (per statutory requirements) Consultant shall carry automobile liability insurance of $1,0OO,OOO 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. 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 $1,0OO,OOO 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. 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. 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. Last revised 6-30-09 - 6 - 275 396 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from Last revised 6-30-09 - 7- 2 7 6- 397 others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement 'between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. Last revised 6-30-09 - 8- '' 2 l 1 398 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1 . Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. -18 Last revised 6-30-09 - 9 - ' I.....: 399 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance .with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements Last revised 6-30-09 - t 0 - - '7 4u0 with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 260 Last revised 6-30-09 . 4i1 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 281 Last revised 6-30-09 - 12 - 4 0 '2 and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. Last revised 6-30-09 - 13 - 4 :) 37 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 28 ) Last revised 6-30-09 - 1 4 - 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to, terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. Last revised 6-30-09 - t 5 - 405 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: MSA CONSULTING, INC. Attention: Robert S. Smith, P.E. President/CEO 34-200 Bob Hope, Drive Rancho Mirage, CA 92270 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. Cast revised 6-30-09 - 1 6 - 281 406 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: MSA CONSULTING, INC. Name: ROBERTS. SMITH, P.E. Title: President/CEO Date: Last revised 6-30-09 - 1 7 - Date 286 r 0... 4 ; i Exhibit A Scope of Services The Consultant's Scope of Work, dated October 20, 2009, is attached and made a part herewith. Last revised 6-30-09 18 2fl 4�8 SCOPE Oh WORK— E,.XIIIBIT "A" October 20, 2009 PRO.IECT SCOPE. Consultant agrees to perform the following Scope of Services for "Project": A. Protect Orientation I. Meet with City staff and clarify project design objectives. B. Pre -Design Survey I. Confirm/update the existing survey and topo bases completed from prior project. 3. Prepare base maps. Deliverables: ► Updated Base Plan C. Utility Research I. Prepare letters to all public utility agencies requesting plats and plans of their facilities within the project area. Upon receipt of plans, scan to permanent file. Copies of all plats and plans are available to the City upon request. 2. Cale plan information into an electronic existing utility base plan using AutoCAD 2008. 3. Add Topo and planimetrics from the field survey to the existing utility base plan and create exhibit for field verification. 4. Perform site visit to field verify existing utility information; identify additional information if necessary. 5. Update electronic existing utility base plan based on results from the field verification. 6. Perform a conflict study with input from City, Public Agencies, and the MSA design team. Arrive at the most cost effective solution to possible conflicts identified. Coordinate with all agencies as necessary to relocate utilities as needed. 7. Contact all public utility agencies and obtain clearances from each agency stating that the project improvements are not in conflict with any of their facilities or upcoming projects. Deliverables: ► Existing Utility Base Plan in AutoCAD 2008 ► CD of Existing Utility Base Plan ► Conflict Study ► Utility Clearances D. Utility Coordination I. Provide coordination between the City, IID, and all subconsultants as needed for relocation of the existing power poles that are in conflict with the proposed improvements. 2. Coordinate meetings as necessary with IID and Time Warner Cable to relocate power poles, relocation of power lines, and fiber optic cable lines. Overhead Time Warner fiber optic lines are not mentioned in the Scope of City of La Quinta RFP Project No. 2008-18. Fiber optic lines are present and will also need to be relocated. The additional scope/fee is included in this proposal. 3. After 1" submittal of street improvement plans meet with IID contact and secure IID pole relocation design. Coordinate with Time Warner Cable and the City. Deliverables: ► IID approved relocation plans. 288 U9 E. Geotechnical Eneineerine Repol"t Citv of La Quinta shall provide the structural sections for pavement, base and concrete for all areas of the project. Deliverables: ► N/A F. Preliminarti Civil Enwneerine 1. Prepare preliminary drawings showing project geometry and proposed striping. 2. Prepare preliminary earthwork estimate and quantity estimate for budget purposes. 3. Submit preliminary plans to the City of La Quinta for review. Deliverables: ► Preliminary drawings. ► Preliminary earthwork estimate and quantity estimate. G. Final Design Street Improvement plans I. Prepare Plan and Profile design for Washington Street improvement plans at 1-40' scale including profiles of proposed edge curbs and median curbs. The Cover sheet shall list construction quantities of all work items including earthwork. 2. Prepare plan view only of Avenue 50 from the NEC existing curb return heading east on Avenue 50 to the channel. Match existing concrete curb and gutter on the west end and existing asphalt berm on the east end. Proposed asphalt berm will be located 2.0' north of the existing white edge line. Existing edge of pavement will be cut and joined with new asphalt to fill in the void between the existing asphalt and the proposed asphalt berm. There will be a curb/berm adjacent P.C.C. sidewalk that will be 5.5' wide, plus the 6" wide asphalt berm, for a total of 6.0' wide walkway. The top of the sidewalk will be flush with the top of curb/berm. There will be a ramp (ADA compliant, 4.9% slope) transition on the east end at the channel to tie back into the existing sidewalk. The north edge of the concrete sidewalk will have a 2" extended footing below the 4" section of the sidewalk for a total of 6 inches of depth. The dirt grade on the north side of the north edge of the sidewalk will be 4" below the top of the sidewalk. The top of curb/berm will match the existing elevation of the asphalt street at the white edge line plus 0.46' (6" berm - 2% for 24"). The existing asphalt walkway will remain in place and the contractor will fill between the existing walkway and bottom of proposed P.C.C. walkway with CAB. 3. Submit and process plans through the City of La Quinta for final approval. Approved plans will be transferred to a CD in AutoCAD 2008 as well as mylar. 4. Attend meetings. Sienine and Striping Plants I. Review the existing and proposed roadway plans and signing/striping plans for Washington Street. 2. Field review existing field conditions, signing and striping, and existing roadway improvements plans and incorporate into plan sheets. 3. Coordinate with the City of La Quinta to obtain current design standards and design formats. 4. Prepare traffic signing and striping modification plans on Washington Street for area reconstructed during the project to match the existing lanes north of the improvements. Striping plans will be prepared on a separate plan sheet at a scale of l —40' using AutoCAD 2008. 5. Submit and process plans through the City of La Quinta for final approval. Deliverables: ► Signing and Striping plans 289 41.0 H. Specifications & Estimates Provide technical support during the bidding and award process as follows: I. Using City Standards, prepare Project Specifications and Bid Documents to include a detailed project description, preparation of bid schedule, bid item descriptions, payment methods, special provisions, technical specifications and any specification detail sheets specific to project areas. All bid documents will be transferred to CD in MS Word. 2. Prepare an engineer's estimate of probable costs using quantities provided on improvement plans if available or by quantity take off if not available. Quantities, descriptions, unit costs, and total costs are provided in a Microsoft Excel format broken down by category. Assumptions and anything unique to the project is explained. Costs are provided based on actual contractor bids, and/or recent costs secured while performing cost estimates ofshnilar project type. Engineer's estimate will be transferred to CD. Deliverables: ► Specifications ► Engineer's Estimate I Biddinz & Construction Support Provide technical support during the bidding and award process as follows: I. Using City Standards, prepare Project Bid Documents to include a detailed project description, preparation of bid schedule, bid item descriptions, payment methods, special provisions, technical specifications and any specification detail sheets specific to project areas. All bid documents will be transferred to CD in MS Word. 2. Attend meetings with City staff, agencies, and other impacted contacts. In addition, Team will attend a City Council meeting, if necessary, and the pre -bid meeting. 3. Respond to inquiries from prospective bidders during the bidding period. 4. Organize and attend one pre -bid conference; prepare addenda as required. 5. Provide Technical support during the bidding and award phase. Review bids and prepare summary of bid results with recommendations for City consideration. 6. Provide Technical support during the construction phase. Deliverables: ► Bid Documents ► Addenda as required ► Summary of Bid Results J. Miscellaneous I. Provide reproduction services as required. Deliverables: ► Reproducibles 290 ,r... 411 EXCLUSIONS/ASSUMPTIONS Consulting services relating to any of the following tasks may be completed by Consultant if negotiated under a separate contract for an additional fee; are presently specifically excluded from the proposed Agreement: I. Construction management or inspection services. 3. Construction staking. 4. Dry utility design. 5. Monumentation. 6. Potholing and potholing coordination of existing utility locations. 7. Utility relocation or extension plans. (Utility relocation coordination is included.) 8. SWPPP/PM-10Plan. 9. Water Quality Management plan. 10. Corrosive Study. 11. Geology. 12. Environmental Assessment or Investigation. 13. Record drawings. 14. Geotechnical Report. 29' 41„ 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 Thirty-six Thousand Seven Hundred Ten Dollars ($36,710) except as specified in Section 1.6 - Additional Services of the Agreement. Reimbursable Expenses shall be billed at cost without markup. 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Consultant shall complete services presented within the scope of work contained within Exhibit "A" in accordance with the attached project schedule. Last revised 6-30-09 20 „- 2 J !. 411 <m g o� �a <m - E �m a. a r E � d s E W z gf W < K iL zf LL O Q i h' N Z g j o W W N Z <O tt Q= d 2. _ _ _ 2 S_ C S" E n ao E E g E E N 0 ^y J i OZ ° uo' 416 Exhibit D Special Requirements None. Last revised 6-30-09 21 2 9 G 417 tr 4 laQuMrw COUNCIL/RDA MEETING DATE: October 20, 2009 ITEM TITLE: Approval of a Professional Services Agreement. (PSA) with VA Consulting, Inc. to Prepare the Plans, Specifications and Engineer's Estimate (PS&E) of Probable Construction Costs for the New Traffic Signal and Street Improvements at Dune Palms Road and A Street, Project No. 2009-10 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 0 STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA), in the amount of $79,296, with VA Consulting, Inc. to prepare the plans, specifications and engineer's estimate (PS&E) for the New Traffic Signal and Street Improvements at Dune Palms Road and A Street, Project No. 2009-10 and authorize the City Manager to execute the PSA. FISCAL IMPLICATIONS: The following is the project's funding and funding sources: Transportation DIF: $215,000 Developer Funding: $215,000 Low Mod PA 2 $500,835 PA 2 CIP $500,835 Total Funding: $1,431,670 The following is the anticipated project budget: Construction: $970,425 Design: $112,200 Inspection/Testing/Survey: $100,795 Professional: $79,950 Administration: $21,500 Contingency: $146,800 Total Estimated Expenditures: $1,431,670 29$ 26J As illustrated, adequate funding is available to support Staff's recommendation. CHARTER CITY IMPLICATIONS: The project is partially funded with RDA Project Area Number 2 Funds. The project will be advertised as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The project is located on Dune Palms Road at the entry to Sam's Club and the newly aligned "A" Street (Attachment 1). The proposed improvements include the installation of a new traffic signal, modifications to the Sam's Club entry driveway, and a new street ("A" Street) to the east. "A" Street is intended to be a new roadway approximately 1,600 feet long, ultimately connecting Dune Palms Road at the Sam's Club entry with the Komar Center (Costco). This project was reviewed for environmental impacts as part of the Sam's Club development project (EA 04- 524). On April 15, 2008 the City Council adopted Resolution 2008-023 approving the Fiscal Year 2008-2009 through 2012-2013 Capital Improvement Program (CIP). The New Traffic Signal at Dune Palms Road and Retail Center (Sam's Club) is included within the adopted CIP and scheduled for funding during Fiscal Year 2008- 2009. On April 21, 2009 the City Council adopted Resolution 2009-033 approving the Fiscal Year 2009-2010 through 2013-2014 Capital Improvement Program (CIP) and making certain findings pursuant to Health and Safety Code Section 33445(a). The A Street extension (Dune Palms Road easterly to Komar Center) is included within the adopted CIP and scheduled for funding during Fiscal Years 2009-2010. On July 21, 2009, 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 New Traffic Signal and Street Improvements at Dune Palms Road and A Street, Project No. 2009-10, and appointed a consultant selection committee. On August 24, 2009, the City received thirty (30) proposals for design of the New Traffic Signal and Street Improvements at Dune Palms Road and A Street. Following its review, the consultant selection committee unanimously recommends VA Consulting, Inc. be awarded a PSA to prepare the PS&E for the New Traffic Signal and Street Improvements at Dune Palms Road and A Street, Project No. 2009-10. 298 267 Contingent upon City Council approval of the PSA (Attachment 2) on October 20, 2009, the following is how the project is expected to proceed: City Council Approves PSA October 20, 2009 Project Design (6 months) November 2009 - April 2010 Advertise the Project for Construction May 2010 Construction (6 months) June 2010 - November 2010 Accept Improvements December 2010 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a PSA, in the amount of $79,296, with VA Consulting, Inc. to prepare the PS&E for the New Traffic Signal and Street Improvements at Dune Palms Road and A Street, Project No. 2009-10 and authorize the City Manager to execute the PSA; or 2. Do not approve a PSA, in the amount of $79,296, with VA Consulting, Inc. to prepare the PS&E for the New Traffic Signal and Street Improvements at Dune Palms Road and A Street, Project No. 2009-10; or 3. Provide staff with alternative direction. Respectfully submitted, mothy R. J asso E. Public Works irector City Engineer Approved for submission by: VrC�Lv�J'�- Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Professional Services Agreement (PSA) 268 ATTACHMENT 1 PROJECT NUMBER 2009-10 o�00 a w SAWS o CLUB R v AVENUE 48 N Z O � Z O N _Z 2 3 twi � AVENUE 50 VICINITY MAP NOT TO SCALE 3 :j 0 269 ATTACHMENT 2 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 VA Consulting, 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 the New Traffic Signal and Street Improvements on Dune Palms Road and A Street, Project No. 2009-10, 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). 3 1 Last revised 6-30-09 - I - 270 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 "Y (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Seventy -Nine Thousand Two Hundred Ninety -Six Dollars ($79,296) (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 .1 3l L Last revised 6-30-09 - 2 - 211 and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no. later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3' v Last revised 6-30-09 - 3 - 3.4 Term. The term of this agreement shall commence on October 21, 2009 and terminate on August 31, 2010 (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: a. Max P. Vahid, P.E., President/CEO b. Keith Rutherfurd, T.E., Project Manager 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. 3 �J 4 Cast revised 6-30-09 - 4 - 'u.,' 2-7U 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 AND INDEMNIFICATION. 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 (on the general liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. The following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -:VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability _ $1,000,000 (per claim and aggregate) 3 0 Last revised 6-30-09 - 5 - :0... 2 7'4 Workers' Compensation (per statutory requirements) 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. 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. 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. 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. Last revised 6-30-09 - 6 - 27, 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from all I Last revised 6-30-09 - 7 - 27i; others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. Last revised 6-30-09 - 8 - 277 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. Last revised 6-30-09 - 9 - 3J9 278 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements ,. 310 Last revised 6-30-09 - t 0 - 27-1 with subcontractors and others engaged in the project will be submitted to City for review. 1-1. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same covefage. 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. 311 Last revised 6-30-09 - I I - 280 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 - 31 Last revised 6-30-09 - 12 - f". 281 and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. Last revised 6-30-09 - 13 - 316 23" 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 31y Last revised 6-30-09 - 14 - 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. Last revised 6-30-09 - 15 - 315 284 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: VA Consulting, Inc. Attention: Max P. Vahid, P.E. President/CEO 6400 Oak Canyon, Suite 150 Irvine, CA 92618 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. Last revised 6-30-09 - 16 - 3161 285 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: VA Consulting, Inc. i By: Z //./// NVme: Max P. Vahid, P.E. Title: President/CEO � �y Date: 31 r Last revised 6-30-09 - 17 - ZU'U Exhibit A Scope of Services The Consultant's Scope of Work, dated October 20, 2009, is attached and made a part herewith. 31u Last revised 6-30-09 18 „� , 267 Exhibit A— Scope of Work October 20, 2009 Discussed below is each task of the proposed VA work plan to successfully complete preparation of a traffic signal warrant analysis and PS&E for installation of a new traffic signal and improvements to the Dune Palms Road and "A" Street/Sam's Club Driveway intersection. To verify and prepare a comprehensive work plan, VA has visited the project location and reviewed as -built plans for existing improvements along Dune Palms Road. A. FIXED FEE TASKS Task 1 — Data Collection and Traffic Signal Warrant Analysis The initial project task is to collect traffic volume data at the existing Dune Palms Road/Sam's Club Driveway intersection and along the DSUSD access road for use in the traffic signal warrant analysis. A weekday 24-hour ADT count will be taken on each leg of the intersection and DSUSD access road together with a weekday am/pm peak hour turning movement count. Traffic counts will be performed by National Data & Surveying Services (NDS) who have provided this service to VA on many previous successful projects. Following receipt of the traffic counts, VA will analyze the data in traffic signal warrants as contained in the California Manual on Uniform Traffic Control Devices (CA MUTCD). The traffic signal warrants to be analyzed will include all applicable warrants. If a traffic signal is warranted, VA will review peak hour turning movement volumes and determine if guidelines are met for providing protected left -turn movements on each approach. A brief summary report will be prepared in accordance with the sample format provided by the City, which will document the existing volumes and level of service at the intersection, results of signal warrant analysis, and recommendations for signal phasing and forecast level of service with signalization as appropriate. Deliverables: ➢ Traffic Signal Warrant Analysis Summary Report ( 3 copies) Task 2 — Background Research, Field Review, and Utility Coordination Assuming signalization of the intersection is warranted, the initial design phase task is to obtain from the City available as -built record street improvement, centerline tie, and utility (sewer, water, and storm drain) drawings for the project intersection and vicinity. Assessors Parcel Maps will also be. obtained to determine/confirm right-of-way limits at the intersection and in the area of new alignment for "A" Street. At this time, VA will contact the utility agencies in vicinity of the project location to obtain information on existing facilities. Early contact with utility agencies will be critical to keeping the project on a fast track schedule. VA will continue to coordinate with the utility agencies to identify/resolve conflicts, establish a new signal service point, and obtain necessary clearances throughout design of the project. Following background research, VA will conduct a thorough field walk at the project intersection and throughout the project limits to verify and supplement the as -built drawings and to specifically note any existing improvements or utilities requiring special consideration during design of the project street and traffic signal improvements. The field inventory will note existing sidewalk widths, ADA access ramp compliance, landscape areas, and obstructions, so that appropriate pedestrian clearances are 319 288 provided, including when the traffic signal controller cabinet doors are open. It will also be confirmed that the proposed cabinet location is within existing public right-of-way. Task 3 — Project Meetings and Management/Coordination Following the field walk, VA will attend a pre -design meeting with City staff to discuss and clarify the project design objectives. VA will prepare a summary of the Feld walk findings and required street improvements for implementation of new signalization and alignment of "A" Street at the intersection. As -built plans, field notes, photos, and exhibits will be provided as necessary for the intersection. The purpose of this meeting will be to achieve a consensus between the City and VA on the improvements to be implemented within the project limits prior to preparation of the concept design submittal. This will minimize the potential of redesign and help to maintain the project schedule. VA will continue to coordinate and meet with the City and meet with the DSUSD and other affected property owners during the design phase of the project. In addition to the pre -design meeting, this task includes two additional design or DSUSD/property owner comment review meetings and attendance at one City Council meeting, if required. VA will prepare monthly status reports and meeting agendas, and prepare meeting minutes during the design of the project. For the purpose of this proposal, we have assumed a total of four meetings for a total of 16 hours of project management time for meetings and 4 hours per month for four months for an additional 16 hours of project management time for project management and coordination activities. VA will communicate regularly with City staff regarding project issues via telephone, e- mail, fax and post mail. Task 4 — Design Survey and Base Map Preparation VA will provide topographic survey within the project limits for construction of the new "A" Street alignment including a 100-foot wide strip within the RDA parcels , widening of the existing Sam's Club exit driveway, Dune Palms Road median improvements, and traffic signal installation improvements at the Dune Palms Road and "A" Street/Sam's Club Driveway intersection. Control data will be assembled and established for the project area. Topographic survey will include twenty-five foot (25) cross -sections. Survey will include the ground surface and any visible surface utilities, curb/gutter, driveways, existing adjoining building corners, fences, landscape, trees, striping, paving, walks, handicap ramps, walls, and signage. The survey data will be down loaded and compiled to create topographic base maps of the project area, including right-of-way, centerline, parcel lines, surface features, culture and contours. The final maps (24" x 36") will be at a scale of 1" = 20' with 1' contours. Task 5 - Geotechnical Investigation Leighton and Associates, the VA Team geotechnical specialist firm, will prepare the geotechnical investigation for the project in order to provide geotechnical design criteria and recommendations for the proposed "A' Street roadway improvements. The general scope of geotechnical services will include: ➢ Project coordination and scheduling of field activities. ➢ Review of readily available background documents including topographic and geologic maps, published geotechnical literature, stereoscopic aerial 20 3 m 239 photographs, in-house information, and other plans and/or reports provided. ➢ Obtaining a "no fee" permit from the City as necessary to proceed with the subsurface exploration. ➢ A geotechnical reconnaissance of the site to observe existing site conditions, to mark the proposed boring locations, and to coordinate with Underground Service Alert (USA) for underground utility clearance. ➢ Perform three (3) borings along the proposed "A" Street alignment utilizing a hollow -stem auger drill rig. The borings will be excavated to a depth of 5 to 15 feet below existing grade to explore subsurface conditions and provide recommendations for subgrade preparation and pavement design. Representative subgrade soil samples will be collected for further laboratory testing. The borings will be loosely backfilled with the excavated soils and capped with cold -patch asphalt, unless directed otherwise by the City. ➢ Traffic control will be performed, as appropriate, in general accordance with the W.A.T.C.H. manual. Laboratory testing on representative onsite soil samples along the proposed improvements will be performed and may include, but not be limited to the following: in -situ moisture and density, maximum dry density, sand equivalent, and R-value. ➢ Review the field and laboratory data and perform engineering analysis to develop geotechnical recommendations for the proposed improvements. A geotechnical report will be prepared and signed by a California licensed Geotechnical Engineer (GE) and Certified Engineering Geologist (CEG). The report will include boring logs, laboratory test data, and geotechnical design recommendations in addition to the following: - Subsurface Conditions: Summary of the surface and subsurface geologic conditions and materials, groundwater conditions, and the engineering properties of the soils encountered during this investigation; - Earthwork and Grading: Provide earthwork construction criteria, including recommendations for clearing and site preparation, subgrade preparation, and removal of unsuitable soil or fill. Recommendations for import soils and compaction criteria will also be provided; and - Pavement Design: Utilizing the field and laboratory data, recommendations will be provided for asphalt concrete and concrete pavement sections. Task 6 — Legal Description and Plat Preparation Per the RFP, the City anticipates obtaining permanent access easements from the DSUSD and the Redevelopment Agency (RDA) properties for the new alignment of "A" Street. VA will confirm existing right-of-way limits in Task 2 above, and prepare legal descriptions and plats for the required easement areas. This work includes the preparation of two (2) metes and bounds legal descriptions/plats for permanent access easements required over the DSUSD and Redevelopment Agency (RDA) properties within the area of the "A" Street alignment and preparation of two (2) metes and bounds legal descriptions/plats for temporary construction easements on DSUSD and Sam's Club property during construction. 321 .,. 290 This task includes reviewing 6 month current preliminary title reports and copies of deed/easements/record maps to be provided by the City for the affected properties. Processing legal description/plat is not included in this task. Task 7 - Design Plan Preparation Title Sheet A project Title Sheet (1) will be prepared and will provide general notes, project vicinity map, and sheet index. Construction Detail Sheet A construction detail sheet (1) will be prepared providing construction details, as necessary, at appropriate scales for the required details. Street Improvement Plans Roadway plan and profile sheets (3) will be prepared using the project base maps for the required improvements to "A" Street, Sam's Club driveway, and the Dune Palms Road medians at 1" = 20' horizontal scale and 1" = 4' vertical scale. The roadway plans will include but will not be limited to construction of new pavement, median modifications, curb and gutter, sidewalk, curb ramps, utility relocations, catch basin relocations, and retaining walls, as required. VA will provide on -site hydrology analysis for sizing of catch basins, if required. Traffic Signal Plan VA will prepare one (1) traffic signal plan at 1" = 20' scale from the base map created in Task 4, for design of a new traffic signal installation at the Dune Palms Road and "A" Street/Sam's Club Driveway intersection. The plan will show all known utilities within the intersection for which existing records are available and the point of connection of power to the service cabinet. The new traffic signal standard foundations will be placed where believed to be free of conflict with existing facilities. The signal plan will also include any improvements required to interconnect the new signal to adjacent signalized intersections. Signing and Striping Plans VA will prepare a signing and striping plan (1) at 1" = 40' scale for installation of striping, pavement markings, and signage required for implementation of the project roadway and signalization improvements. Signing and striping plans will be prepared in accordance with the California Manual on Uniform Traffic Control Devices (CA MUTCD) and City standards. VA will field inventory and show on the plans all existing traffic signs within the project limits. If necessary, existing signs may be replaced or supplemented with new signs to meet current standards. Conceptual Plans A preliminary geometric layout and signal plan will be prepared for a concept review by the City before proceeding with preparation of project PS&E. The concept plan will show information required to understand and achieve a consensus on the design intent of the project including the proposed roadway improvements and signal equipment and operation. The geometric layout plan will show the alignment and improvements to "A" Street, Sam's Club driveway, and Dune Palms Road medians including conceptual signing and striping. The conceptual signal plan will provide a preliminary pole schedule., 322 ,,..•_ 29i that identifies the type and size of each pole, mast arm, and luminaire arm. The plan will also provide the layout of proposed traffic signal detection on each approach and a proposed phase diagram. Complete conductor schedules and detector sensor tables are not necessary to understand the proposed signal design intent and will not be provided on the concept plan. The final design signal plan will be prepared based on the approved concept plan and All plans will be prepared in accordance with all applicable City of La Quinta plan preparation and design standards using AutoCAD 2008 or higher format. Following concept submittal, the plan set will be submitted for 85-90%, 100%, and Preliminary Final reviews and revised in accordance with City comments. Final plans will be submitted on City standard 24" x 36" mylars together with electronic drawing files on CD. Project submittals will be made for concept design, easement documents, 85%-90%, 100%, and Preliminary Final reviews and revised in accordance with City comments. The deliverables for each submittal will be as identified below. Deliverables: Concept Submittal (3 copies) ➢ Conceptual Geometric Layout Plan ➢ Conceptual Traffic Signal Plan Deliverables: Easement Documents Submittal (3 copies) ➢ Legal descriptions/plats for access easements (for 2 properties) Deliverables: 85-90% PS&E Submittal (3 sets) ➢ (1) Title Sheet ➢ (1) Construction Details Sheet (as -needed) ➢ (3) Roadway Plan and Profile Sheets ➢ (1) Traffic Signal Plan ➢ (1) Signing and Striping Plan ➢ Draft Project Specifications Deliverables: 100% PS&E Review (3 sets) ➢ (1) Title Sheet ➢ (1) ) Construction Details Sheet (as -needed) ➢ (3) Roadway Plan and Profile Sheets ➢ (1) Traffic Signal Plan ➢ (1) Signing and Striping Plan ➢ Project Specifications and Bid Documents ➢ Engineer's Estimate of Probable Construction Cost Deliverables: Final PS&E Review (3 sets) ➢ (1) Title Sheet ➢ (1) ) Construction Details Sheet (as -needed) ➢ (3) Roadway Plan and Profile Sheets ➢ (1) Traffic Signal Plan ➢ (1) Signing and Striping Plan ➢ Project Specifications and Bid Documents ➢ Engineer's Estimate of Probable Construction Cost Final plans will be submitted on City standard 24" x 36" mylars together with electronic drawing, specification, and cost estimate files on compact disk(s). �� 2 9 % Task 8 — Preparation of Project Specifications and Bid Documents Project specifications, technical specifications, and bid documents will be prepared for each item of work included in the project based on City supplied "boilerplate" Special Provisions and contract documents. The project specifications and contract documents will be submitted in both hardcopy and electronic Microsoft Word for Windows format on CD at project completion. Task 9 - Preparation of Engineer's Opinion of Probable Construction Costs An engineers opinion of probable construction cost will be prepared for the roadway and traffic signal installation and related improvements. The cost estimate will include back- up quantities and unit costs. The project cost estimate will be submitted in both hardcopy and electronic Excel for Windows format on CD at project completion. B. TIME AND MATERIAL TASKS Task 10 — Assistance During Project Bid Phase VA will attend the project pre -bid meeting and provide assistance to the City during the bidding process including: ➢ Respond to the request for clarification and written interpretation of plans and specifications; and ➢ Prepare addenda to bid documents, as necessary. City staff will be responsible for distribution of any addenda to the bidders. For the purpose of this proposal, we have assumed 14 hours of VA staff time for this task. With prior approval, additional work, if required, will be performed on a time and materials basis. Task 11— Assistance During Construction Phase VA will attend the project pre -construction meeting and provide assistance to the City during the construction phase of the project including: ➢ Respond to Requests for Information regarding the design intent of the plans and technical specifications during construction. All clarifications will be subject to approval by the City. For design conflicts during construction, VA will assist the City with preparation of change orders as required; ➢ Review shop drawings and submittals; and ➢ During the construction period, if changes occur which require revisions to the plans and/or special provisions, the VA will make minor modifications to the project plans and/or special provisions. C. OPTIONAL TASK Potholing of proposed mast arm signal pole foundation locations and utilities is included in this proposal as an optional item for five (5) locations and will be performed if necessary with concurrence from the City. 3� .,... 29US ASSUMPTIONS AND EXCLUSIONS 1. Agency fees associated with the processing, approval, or permitting of improvement plans will be provided by the City. 2. Changes to Agency improvement plan design criteria that occur during and/or prior to completion of design, or revisions requested by the City to agency -approved design plans will incur additional charges to be billed on a time -and -materials basis. 3. This proposal excludes utility relocation design services. VA can provide these services subject to supplemental City authorization and additional fees, if required. 4. Off -site hydrology studies are not included in this scope of work. VA can provide these services subject to supplemental City authorization and additional fees, if required. 5. Preparation of landscaping and irrigation plans is not included in this scope of work. VA can provide these services subject to supplemental City authorization and additional fees, if required. 6. Preparation of as -built record drawings is not included in this scope of work. VA can provide these services subject to supplemental City authorization and additional fees, if required. 32 294 Exhibit B Schedule of Compensation Payment shall be percentage of completion basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Seventy -Nine Thousand Two Hundred Ninety -Six Dollars ($79,296) except as specified in Section 1.6 - Additional Services of the Agreement. The following represents a summary of the contract fee: Base Contract Amount (Fixed Fee): $68,922.00 Construction Engineering (Time and Materials): $ 4,174.00 *Optional Tasks $ 5,000.00 **Reimbursable Expenses: $ 1,200.00 TOTAL CONTRACT AMOUNT (Not to Exceed): $79,296.00 *Optional work objectives shall not proceed unless authorized in writing by the City of La Quinta. **Reimbursable Expenses shall be billed at cost without markup. 32t Last revised 6-30-09 19 29.5 L a A A x U) E w N C 7 G C O ew w yLL CO Ww m c o m pia o VJ N Cog z J I`OFN � of t%�a o UZWO I I ��n n em son { HCIN H.M H19 NW N NH NN HN O N 10 N (9 NH VVNNN �ViHHM M N� NIG N _ p NN aq IONNM n N NW� N�NI°O tO ION p VI d d and pp OOd lV l�N°� ry N �O i0 �� N I I I w S I I I I I O d ON N mm0 �I N N H 'Ii �O�I d d NIO O O d d 'OQ wv Nd ( d iIO NdNdfO N IO 1� W Ot_NV O III IIII II II H m H I IIN INi IO �O ID d ^ID N N m b I I N I �� IIII I I I I ® IIIIII I NNNN 0f�) I I NI ;IIII I I I I III I<I N I N I wI N (U m Ilu N w 'm X m w ¢ m O d iO O 0 R ] c a. OJ O N z Y5 IE m m 0 a tYI� Q E la ° Iry .4N $m f f coy '° OE= LEv a ILL m 4' 5 '° � H n V m w z w0 o N LL H m m za a HLZ ZQG C a`N O._ E a o ci .r�c 3 OI Ii$2 IIY Ia Alam c ° of°a5°m8 c- yy� mz m W) O m f�" (tl - Id C Q LL C zi m O O LL O J N °yO :K peel m`au m. IB Im c'=tgsrin ti f _ �¢rLw LL O O� O OI N �n NNnnn Y n �'Nq _ NYFFO6' 00U6 Q�I�NI mIV IVN Ira mNI O J LL6 m a Q Fm 296 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. 3A Last revised 6-30-09 20 297 d O N N O m _ o O .. .. ... .. ... a W... ............. .... En » RN LL n m C N � I O IV m O 2 E�k z O 'A Z O m 0 m I m w F E W � d m zQ�� _ o U U5F= w O - --- ---- - — -- --- Wa0= .... F 0 O H N _ .__... ... .. =w OOV o!0 2 o g' Q Q Q Q p p . X12w W _ w i �_ O J Z w 0 gi �m gi rn m m w 0 m rn $i ,p p o 0 o p o i E ca d f f :N - [V c N a a o d c d d d m m d m>> F O 9 m 9 9 N T T N T T T. RE < 3 N G IE U E ¢ d w Qi d: p� ❑ m- a❑ o C rn- E o. cg c '.. Id 3 o v _> `o� c� ❑ ❑ p -� LL LL m m n- d o m S a o m l v Z ':Z W d m ❑ d 2 d daama 03q', !. T F d p. K :CJ K d 2' LL LL LL m 2' rj 6 2' U� _C ❑ N'N O 1 m N III 0 m 0 I � IN N V �m ! m ! h OJ W O N I (7 �< N (O 1� ! i0 W O i O U N p Q Z 3,2,q 298 Exhibit D Special Requirements None. Last revised 6-30-09 21 330 299 Tjl�v 4 1wQv:,rw COUNCIL/RDA MEETING DATE: October 20, 2009 ITEM TITLE: Consideration of a Funding Request from the Coachella Valley Rescue Mission for Construction of a Homeless Shelter RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The Coachella Valley Rescue Mission (CV Mission) is requesting $750,000 for support toward the construction of a new facility and an addition to the men's, women's and family facility located in the City of Indio. There are no funds budgeted for this project. Should the City Council choose to support this project, funding would need to come from the Undesignated General Reserve Fund Account No. 101-0000-290.00-00. CV Mission has indicated that the requested pledge could be paid out over a three-year period with a funding agreement. However, according to the City Attorney, there are legal issues arising from the constitutional debt limit for multi -year funding obligations unless the funding in future years is made contingent on an appropriation being made in the future year in which the payment would be made. CHARTER CITY IMPLICATIONS: None. -ITC W. 61F10G7a101 RZ0PI4olvi1�4RI On August 4, 2009, the City Council requested that the CV Mission attend a City Council meeting in October to discuss the homeless needs of the east end of the Coachella Valley. The CV Mission was incorporated in 1971 as a 501(c)(3) non profit organization. The organization provides food, clothing, and housing assistance to those in need in 3 3A the Coachella Valley. As indicated in the correspondence, the CV Mission serves 100,000 hot meals to thousands of men, women, and children at their current location on an annual basis. Currently, the CV Mission has facilities to house 45.. 300 men and 35 women and children. There are 25 additional people that sleep on mats in the chapel. The cost to currently operate the existing services and facilities is $1.8 million dollars annually. The CV Mission also provides a Women's and Family Shelter for abused women and children and a New Life Program to encourage self-sufficiency for those persons committed to working toward gainful employment and independent living. The CV Mission states it has facilities that are 75 years old and filled to capacity. The current economic conditions have increased the number of people in need requesting services from the agency. According to the information provided, the CV Mission has provided food and shelter for 316 families, 467 men, 336 women, and 137 children as well as other services from La Quinta zip codes 92247, 92248 and 92253 in 2009. The CV Mission has seen a 37% increase in the number of people in need of food and housing from the Coachella Valley. A request for funds for the construction of a new homeless shelter facility has been submitted including information regarding the building plan and cost estimates to build a new shelter facility and services. In response to the City Council request, correspondence from the Coachella Valley Rescue Mission is provided as (Attachment 1). The CV Mission has not made requests to other cities for this project. The proposed facility is to be located at 47-518 Van Buren in the City of Indio. This new facility includes classrooms, counseling rooms, a computer lab, and larger kitchen and dining facilities. The men's, women's, and family shelters will also be expanded. Estimated cost for construction of the facility is $11,650,000. Plans indicate that the total square footage for the facility is 44,500 square feet. The funds raised to date are $3,653,260 from a variety of donors, and $2,000,000 from the County of Riverside is pending Board of Supervisors approval. The operating cost for the new facility and services is estimated at $2.8 million dollars annually which will be raised from endowment funds and by efforts to increase the donor base. The alternatives available to the City Council include: 1. Appropriate $750,000 from the Undesignated General Reserve Fund Account No. 101-0000-290.00-00 for the Coachella Valley Rescue Mission to construct a homeless shelter facility; or 33�' 2. Do not appropriate $750,000 from the Undesignated General Reserve Fund Account No. 101-0000-290.00-00 for the Coachella Valley Rescue Mission to construct a homeless shelter facility; or 3 1 3. Provide staff with alternative direction. Respectfully submitted, C� - L 6 Edie ylto Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Request Proposal from Coachella Valley Rescue Mission dated October 2, 2009 333 302 ATTACHMENT 1 TO: Edie Hylton Community Services Director City of La Quinta, CA FROM: Darla Burkett Executive Director Coachella Valley Rescue Mission RE: Capital Fund Request Date: October 2, 2009 Edie, I want to thank you for taking the time recently to discuss the Coachella Valley Rescue Mission new facility. We are in need of a one time capital request of $750,000 (payable over a three year period) to construct the new facility. CVRM has never requested operating funds from the City of La Quinta, this is a one time capital request. History Since 1971, Coachella Valley Rescue Mission has been an oasis, a place of refuge for the homeless and needy in our valley. We are a safe haven, a place of rest and recovery for the weary. We are a place where daily physical and spiritual needs are met. The Mission is a 501 (c) 3 not for profit organization, incorporated in the State of California in 1971. An 11 member volunteer Board of Directors governs the organization. The Board of Directors meets monthly and establishes all organizational policy for the Mission. The Mission also benefits greatly from hundreds of community volunteers. Over the years the Mission has continued to meet the ever growing needs of individuals who, for a variety of reasons, have found themselves without the basic necessities of life. A dedicated staff and volunteers serve more than 100,000 hot meals annually and provides shelter to thousands of men, women, and children. Food, clothing, and showers are also provided to those who do not shelter with us. The Mission currently has facilities to house 45 men and up to 35 women and children. 3 3 Beginning June 2007, in cooperation . with Riverside County, meals and staffing has been provided for up to 25 additional people to sleep on mats in our chapel. 303 Although the original Mission was opened exclusively for men, facilities for women have been added. We are able to provide for women with children in our Women's and Family Shelter, a place of safety for the abused and a stepping stone for those seeking to move forward with their lives. Programs included for clients are the New Life Program, Case Management or Family Program. Emergency shelter is available on a short term basis. We are also designated a Safe House for emergency shelter of abused women and families. Success is measured in a variety of ways at CVRM, for those that are hungry, it's a full stomach; weary, a comfortable, safe place to sleep. Our `New Life' program measures success by tracking graduates twelve months after leaving CVRM, returning to gainful employment and independent living. Our `Case Management' program allows a man or woman (children) a safe place to reside for two weeks to four months during a catastrophic life event. Success for this program is a return to society and the ability to maintain self sufficiency. The Mission programs include job training, anger management, counseling services, english, math and computer skills, and assistance in obtaining a GED. Transportation is also available to school, jobs or medical facilities. Our New Life Program is a one year program of life transformation to end dependent lifestyles and return to a successful community member. Other areas of participation for clients are Case Management and Emergency shelter. All services at the Coachella Valley Rescue Mission are provided free of charge without regard to race, creed, age or ethnic background. Problem: Our current facility is 75 years old (originally General Patton's barracks), difficult to maintain and filled to capacity. In addition to our filled 80 beds, we currently sleep 25 people on the chapel floor every evening. Our current classroom is 150 square feet and does not provide a proper environment to teach our clients. With the desert growing and current economic conditions, there continues to be a substantial increase of people in need and neighboring support will be the key to meeting this goal. City of La Ouinta Residents: Homelessness and the need for food and shelter have increased in the City of La Quinta. From January 2006 to May 2008 we provided services to these La Quinta residents. Zip codes are 92247, 92248, and 92253. Coachella Valley Rescue Mission served 316 families, 467 men, 336 women, 137 children, 8 homebound, 6 senior citizens, 36 monthly public showers, 181 monthly food boxes, 436 individuals daily food and 166 other non-food services. In 2009 CVRM has experienced an increase of 37% of people in need in the Coachella Valley. Our August, 2009 backpack giveaway we provided 3074 backpacks and 366 (12%) went to children living in the City of La Quinta. Many of these same children also received a new pair of shoes. 335 ,.... 304 Clients Served and Lives Changed During 2008 we served the following Meals served 97,453 Men's lodging (bednights) 15,183 Women and Family Shelter (single) 5,663 Single Mothers 1,682 Children 2,428 Total WFS Bednights 9,773 Turnaways 437 Emergency Food Boxes 6,129 Public Showers / shaves 13,446 Back to School backpacks 1,800 2008 `Project Christmas kids' gifts 15,000 Our new facility capacity Current New Dining seating 55 150 Men's lodging 45 90 Women and Family Shelter (singles) 20 45 Single Mothers 3 8 Children 3-12 8-20 Total WFS Beds 35 60 New Facility Plans and Budget A larger dining room and kitchen will give the space necessary for the ministry of our 2 daily public meals and food boxes that we distribute to families in need. Our current building is over 75 years old, difficult to maintain and filled to capacity. The property across the street (Manila) is paid in full due to the generosity of valley donors. The building plans include classrooms, counseling rooms, a computer lab and larger kitchen and dining facilities, The men's and women and family shelters will also be expanded and continue to help those in need with a bed and encouragement to take the steps necessary to end the cycle of homelessness. The conditional use permit has been approved, city plans done, the land is paid for. Proiect Costs: Building Cost: (including contingency) $8.750 million Soft Cost: $2.900 million Total Construction budget: $11.650 million Land (paid in full) $.750 million 33 30 Fund Raising to date (September 30`h, 2009) Advance Gifts: $193,521 Major Gifts: $734,000 General Gifts: $216,348 Business, City, County, Fed. Gifts: $1,503,000 Foundation Gifts: $369,000 In Kind Gifts: $13,635 Church Gifts: $67,248 Estate Planning: $286 508 Board Transferred from Operations: $270,000 Sub Total: $3,653,260 County of Riverside: 2,000,000 Total: $5,653,260 In 2004 the Mission acquired 7.75 acres of adjacent property; this property is owned by the Mission and was purchased for $750,000. This land will be subdivided into 3 parcels and our new facility will be located on a 3.15 acre parcel of this property. In addition to this property the Mission also owns its' existing facility. For quite some time the Mission has been working with the county team on their participation with our new facility. Supervisor Wilson understood the need and, because of his dedication and commitment, the Mission continues to work with county staff on a participation plan beneficial to all parties. The plan would generate approximately $2 million for the Mission; this money would be used towards the construction of our new facility. The plan would entail the sale and lease -back of mission property, and an outright sale of approximately 2 acres of Mission land. Ultimately the final plan will require the support of the Board of Supervisors and the new 4`h District Supervisor. n '7 306 % � 2 SGd 307 elf!! N ®r, 339 1 3 sC I 11 �� Lj e ——.Ld3flne-- 0 �g4 � N P G e tl = m p e e E Z W S ZEp V d yy S :YY h S �9n N n e �a m � m 5 x 8 � E � d n N 0 0 0 g Cc r �� T4tlt 4 4 Qu&rcv COUNCIL/RDA MEETING DATE: October 20, 2009 ITEM TITLE: Consideration of Funding Requests for a Permanent Emergency Shelter and General Operations from Martha's Village and Kitchen RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: qq BUSINESS SESSION: v� CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Martha's Village and Kitchen is requesting $500,000 for support toward a permanent Emergency Shelter in Indio (Attachment 1) and $100,000 toward the operation of the Transitional Housing Program (Attachment 2). Currently there are no funds budgeted for these requests. Should the City Council choose to support these requests, funding would need to come from the Undesignated General Reserve Fund Account No. 101-0000-290.00-00. Martha's Village and Kitchen has indicated that the requests could be paid out over a multi -year period by way of a funding agreement. However, according to the City Attorney, there are legal issues arising from the constitutional debt limit for multi -year funding obligations unless the funding in future years is made contingent on an appropriation being made in the future year in which the payment would be made. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On August 4, 2009 the City Council requested that Martha's Village and Kitchen attend a City Council meeting in October to discuss homeless needs in the east end of the valley. In response to the City Council request, correspondence from Martha's Village and Kitchen is provided. 343 311 Martha's Village and Kitchen is a 501(C) 3 organization created in 1990 to serve homeless families and individuals in the Coachella Valley. Services provided by the organization include transitional housing, emergency shelter, food services, health and mental health services, career and education services, case management, children's services, recovery services, and emergency assistance. Permanent Emergency Shelter A request from the Martha's Village and Kitchen has been submitted including information regarding the building plan, cost estimates, and information about operating costs of the new building to expand the homeless shelter and services. The proposed facility is located at 83791 Date Avenue in Indio. In February 2007, Martha's Village and Kitchen opened an Emergency Shelter which provides three meals a day, shower and hygiene care, and access to a continuum of services. Since inception, this facility has provided over 85,000 nights of shelter to more than 1,300 men, women, and children. This facility received conditional approval from the City of Indio because it is a "sprung structure" and is to be replaced by a permanent structure to serve the same use. The current annual cost of operation for the emergency shelter facility is $1,106,208. Future annual cost of operation for the new permanent emergency shelter facility is anticipated to cost $1,208,783 (Attachment 3). The permanent emergency shelter proposed by Martha's Village and Kitchen is a three story development that will permanently replace the existing sprung structure on their 10-acre campus. The estimated cost for construction is $11,450,000. The building is approximately 25,000 square feet and will be located adjacent to the existing residential and social service programs. The facility will include reception and waiting area, emergency services, service provider offices, meeting and classrooms, a community conference room, and emergency shelter nightly for 100 men, women and children. Funding raised to date by the organization through private donations is $380,000. No cities have contributed to the permanent emergency shelter; however, in the future Martha's Village and Kitchen plans to approach all cities in the Coachella Valley. Support for General Operating Funds for Essential Services In addition to the request for capital construction, Martha's Village and Kitchen is requesting support of $100,000 to assist in covering the costs of the operation of essential services including food, safe housing, free medical services, and clothing for needy families and individuals. Last year the organization provided these services to over 7,000 unduplicated needy people. The annual operating budget is $5,488,481. Total funding received for operations this year is $3.4 million, which includes funding from public and private grants of $1.97 million. The County of Riverside has funded a total of $868,652. 1. 34 312 The following cities have funded grants to this organization this year: City of Indian Wells $10,000 City of Palm Desert $10,280 City of Rancho Mirage $15,000 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Appropriate $500,000 from the Undesignated General Reserve Fund Account No. 101-0000-290.00-00 for Martha's Village and Kitchen to construct a Permanent Emergency Shelter and $100,000 to support General Operations; or 2. Do not appropriate $500,000 from the Undesignated General Reserve Fund Account No. 101-0000-290.00-00 for Martha's Village and Kitchen to construct a Permanent Emergency Shelter and $100,000 to support General Operations; or 3. Provide staff with alternative direction. ip ectfully submitted, Edie Hylto Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Request for the Permanent Emergency Shelter 2. Request for the operation of the Transitional Housing Program 3. Current Operating Costs 34y 313 ATTACHMENT 1 Administrative Offices Tel 760.347, 4741 Fox 760.347.9551 Gloria Gomez Co -Founder Ext,303 gloriagomez@neighbor.org Claudia Castorena Co -Founder Ext.305 cdaudio.caslorenaR, neighboi.org Father Joe Carroll President Tel 619.446.2 700 Fax 619.687. 1010 joseph corrollVneighbocery John Wolohan Executive Director & Vice President of Programs Ext. 304 John wolchon'sneighbor.org MARTHNS VILLAGE & KITCHEN A MEMBER OF FATHER JOE'S VILLAGES^ September 9, 2009 Edie Hylton Community Services Director City of La Quinta Community Services Department 78-495 Calle Tampico La Quinta, CA 92247-1504 Dear Ms. Hylton: Martha's Village & Kitchen, Inc. 83791 Date Avenue, Indio, CA 92201-4737 760.347.4741 • Fax 760.347.9551 Don Dunlap Center w .marthasvillage.org • Fed Tax ID #33-0777892 Thank you for this opportunity to submit a proposal to the City of La Quinta. Mara Stringfield and I truly enjoyed meeting with you on August 24rh to discuss our future plans for Martha's Village and Kitchen, particularly our plans to develop a new 100-bed emergency shelter for homeless families and individuals in the Coachella Valley. At a time when economic realities are so negatively impacting vulnerable individuals and families, the emergency services Martha's Village and Kitchen provides are becoming even more essential to our community. Enclosed please find our request to the City of La Quints. for $500,000 to fund development of our new Permanent Emergency Shelter which will serve not only as a refuge from the streets, but as a gateway to the host of services offered at Martha's including assessment, medical care, meals, counseling, career and education services, and transitional housing. History and Mission Martha's Village and Kitchen has been improving social conditions for homeless families and individuals in the Coachella Valley for 19 years. In 1990 my great friend Claudia Castorena and I founded Martha's, and together we have witnessed our dream of a "Village," where homeless persons receive housing and social services, become a reality. As an independent 501(c)(3) nonprofit corporation located in the City of Indio, we have become an important component of the region's safety net. Today, as the largest provider of homeless services in the region, we are steadfast in our mission of helping our neighbors in need break the cycle of homelessness and poverty by promoting self-sufficiency through an innovative continuum of care, multi -disciplinary programs, and partnerships that come together in the spirit of our CREED (Compassion, Respect, Empathy, Empowerment, Dignity) to teach, learn from, and challenge our neighbors and one another. The Need for Our Services — Region -wide According to a January 2009 report published by the National Alliance to End Homelessness, the current economic recession is likely to cause more families and individuals to experience homelessness. Based on their estimates, 1.5 million additional3 4 Americrs mai become homeless over the next two years. This means more trauma for Members of fat er Joe's dlages FATHERJOE'S � ST.VINCENTDEPAUL TOUSSAINT [UJOSUE �,;PADRE LUIStAYME V I L L A G E S' t' V I L L A G E YOUTH VILLAGES H O M E S C.INTERNATIONAL OUTREACH Father Joe's Villages, a registered trademark of S.VD.P. Management, Inc. • 3350 E Street, San Diego, CA 92102-3332 ,,.. 3 1 4' children and adults, more dislocation from schools and communities, and more expenses for local shelter systems. The local Riverside community appears to be especially hard hit. By June 2009, the jobless rate in the Inland Empire hit 13.7 percent, second only to Detroit in the national ranking of urban centers with more than I million in the labor pool.' As a result of joblessness, more families and individuals are experiencing difficulties paying for housing costs. In the first quarter of 2009, Riverside County's foreclosure rate had reached a point where one in every 27 homeowners had defaulted on their mortgage. The Coachella Valley already experiences a higher than typical poverty rate of 24%, which is twice the national average. According to Riverside's Department ofPuhlic Social Services, there are 3,336 homeless adults including 681 children in the County of Riverside on any given day.2 Approximately 43% of these individuals are encountered in jurisdictions in and around Martha's Village and Kitchen, including the communities of Indio, Mecca, Coachella, Thousand Palms, Palm Desert, Palm Springs, Desert Hot Springs, Cathedral City, La Quinta, and Rancho Mirage. In recent months, Martha's has witnessed firsthand the difficulties caused by the economic downturn. From February 1, 2009 to April 30, 2009, the number of guests served through our public lunch line increased more than 55% from the same time period in 2008. Further, our Emergency Assistance program, which provides emergency rental assistance, intake for our public lunch program, emergency food, infant supplies, shelter referrals, and other basic needs services, has been inundated by individuals and families seeking assistance. In the six months ending February 29, 2009, the number of persons seeking emergency food baskets increased over last year by 31 % and requests for emergency infant supplies rose by more than 100%. Individuals and families served advised our staff that their increased needs are due to a tough economy and loss of employment. Our staff has also experienced an increase in client referrals from other local community -based service providers. The Impact of Our Services — One Life at a Time Martha's Village and Kitchen serves as a gateway to hope where people can regain their lives and pass their newfound independence and life skills to their families. Just one example of how a life changed at Martha's is the story of Brad V., whose life was going well until he suffered a stroke that paralyzed half his body. His medical condition required lengthy inpatient rehabilitation and while undergoing treatment, he lost his job and his apartment. Brad fell victim to the streets for six months, living in parks and on rooftops. He eventually found his way to Martha's Emergency Shelter where he immediately began the "Challenge to Change" class in the on -site Career and Education Center. Brad counts the "Challenge to Change" class as one of the most important reasons for his success and positive energy. He notes that through Martha's caring staff, he was able to regain the confidence lost when he went through the difficult time of losing a child due to tragedy. In October 2007, after a year in Martha's program, Brad graduated, moved into his own apartment, and began work with a local department store where he is now the store manager. Another success story at Martha's is that of Darryl and Patsy C. and their seven children, who are on the road of self-sufficiency as a result of our residential, educational, and social service programs. Residing at Martha's for nearly two years, the family found support through the wealth of programs we offer. Patsy and one of her sons attended the GED class offered at our on -site Career and ' Gn s ccki, Debra. "Coachella Valky'sjohless rate nears Detroa'.r. "The Desert Sun. July 30, 2009. Retrieved from The Desert San Official Web Site: http.,//www mvdesertwm/at)i) /pbcs dll/aniclOAID=2009907300339 'Press Release, Results ofthe 2009 Homeless Count, Riverside County Department of Public Social Services Homclss Programs Unit, May 12, 2009. 346 315 Education Center and received their diplomas. The Career and Education Center also assisted Darryl with obtaining his California Security Guard certification. Both parents completed our Job Seeking Skills program and are now employed full-time at a local grocery store. One of their children, Marisa, also completed the Job Seeking Skills program. She is now employed as a Pharmacy Technician and lives in an apartment with her young son. Recently, the other family members moved into a house in Desert Hot Springs. The History of Emergency Shelter at Martha's Prior to 2007, inclement weather shelter in the Coachella Valley was only available for 4 months in the summer and 4 months in the winter, leaving a gap of 4 months each year with no available emergency shelter. When the temporary inclement weather shelters closed, Martha's staff proposed to erect a sprung -structure emergency shelter capable of providing shelter to 100 homeless families and individuals in a fixed location, accessible to wrap -around services, 365 days a year. On February 27, 2007, with support from the local community, private donors, social services agencies, and public agencies, we opened our Emergency Shelter, and have been operating it ever since. Located on -site of Martha's campus, the Emergency Shelter provides three meals daily, shower and hygiene care, and access to our existing continuum of supportive services. Since inception, we have provided over 85,000 nights of shelter to more than 1,300 men, women, and children. Not only has this facility provided 24 hour refuge from the extreme weather conditions in the Coachella Valley but equally important, access to the continuum of services available at Martha's offering a real opportunity to resolve the underlying causes of homelessness. When Martha's staff received conditional approval from the City of Indio to erect our Emergency Shelter, the Planning Commission stipulated that their approval was contingent upon the "temporary" sprung -structure eventually being replaced by a permanent building to serve the same use. Support from in the amount of $500,000 from the City of La Quinta would be the kind of significant contribution that allows Martha's to continue moving this project forward. Such a gift would also give the project the momentum necessary to attract other private and public funding sources needed to advance toward ground breaking. To date we have received $380,000 in pledges for the project from individual donors. Our fundraising team continues to identify and meet with prospective donors interested in participating in this development. As part of our fundraising plan, over the next few months we will he approaching additional cities within the Coachella Valley and asking for their support. Project Description Martha's proposed Permanent Emergency Shelter will be a three-story, new construction development that will permanently replace the existing sprung -structure. Located on -site of our 10- acre campus, the approximately 25,000 square foot building will maintain its ideal location immediately adjacent to our existing residential and social service programs. The total project costs are estimated at $11,450,000, and we anticipate a grand opening in late 2012, The project design for the Permanent Emergency Shelter includes: • Reception and Waiting Area: serving as the central intake for families and individuals in need of emergency assistance and/or housing. • Emergency Services: expanding the space devoted to our emergency assistance program providing food boxes, utility assistance, transportation assistance, clothing vouchers, and infant supplies. 347 316 • Service Provider Offices: offering new space for social service providers from throughout the community to come on -site and provide services targeted toward ending or preventing homelessness. • Meeting and Classrooms: expanding space for educational classes for residents and training rooms for staff development. • Community Conference Room: serving as a resource for the neighboring community, in which to host meetings and events, with an adjoining kitchen for preparation of refreshments. • Emergency Shelter for 100 men, women and children each night: occupying the second and third floors, with 40 beds for single women, 40 beds for single men, and 20 beds for families. The floors will provide separate dormitories for men and women, as well as separate wings for families. In closing, we are truly grateful for the opportunity to submit this request to the City of La Quinta, as your funding would make a valuable and lasting contribution in the lives of homeless men, women and children in our community struggling to rebuild their lives and realize their hopes and dreams. Thank you for your kind consideration of our request and we would look forward to a meeting with the City Council to further discuss our needs for addressing homelessness. Should you have any questions, please feel free to contact me at (760) 347-4741 ext. 303 or Gloria.Gomez@nei hg bor.org, or John Wolohan, Vice President of Programs at (760) 347-4741, ext. 304 or John. Wolohan&nel hbor.org Sincerely, Gloria Gomez Co -Founder Attachments: 1) Building Rendering and Floor plans 2) Current Operating Budget for Martha's Emergency Services 3) Projected Operating Costs for the Permanent Emergency Shelter 34F] 317 and ot 4 e iLl ;r¢ rn yy '! L YEqS O w H O u U LLO � Z W d a g u a {{f LJ _� W U Z v� LL d W Z Or rW U d F a Z uZ (7 U F S w > d00 EO W N u d ur 0 m Z w 2 N, 349 318 z W u Y w u g J_ 350 319 ATTACHMENT 2 ARTHNS Martha's Village 83791 Dale Avenue, Indio, CA 92201-4737 nue,Idio,C %VILLAGE 760,3474741 • Fax 760.347.9551 & KITCHEN Dan Dunlap Center A MEMBER OF FATHER IOE'S VILLAGES' V, ,marthasvillage.org • Fed Tax ID #33-0777892 September 10, 2009 Ms. Edie Hylton Community Services Director City of La Quinta ,administrative Community Services Department 78-495 Calle Tampico Offices La Quinta, CA 92247-1504 Tel 760.347.4 '41 Fax 760.347.9551 Dear Ms. Hylton: I am so grateful for the opportunity to submit a general operating request to the City of Gloria Gomez La Quinta. Thank you again for meeting with Mara Stringfield and I on August 24 Co-founder . We enjoyed discussing Martha's Village and Kitchen's essential homeless service 1 xt. 303 programs as well as our future plan to develop a 100-bed permanent emergency shelter for homeless families and individuals in the Coachella Valley. Claudia Castorena Co -Founder At a time when the economic downturn is negatively impacting vulnerable individuals Ex t. 30' lai �d'u,_casloreno u and families, we are experiencing a greater demand for our services. It is for this reason neiChoor that we are reaching out to our respected partners seeking assistance to sustain the vital services that we provide to those at risk in our community. In light of the current Father Joe Carroll President economic is � 4 � help PP operations c crisis, we respectfullyre uest $100 000 to hesupport the core re! 619.446.210C of Martha's Village and Kitchen. We are only able to sustain our residential and social ax 5!9,ee7. i 010 service programs with the generous support of dedicated funders. Detailed below is our core support request, the history of our organization, the need in our community, and John Wolohan our organizational accomplishments. Also attached for your reference is our 2009 executive Derr,ic)r s organizational budget and a list of private and public sources of funding. Bice President of P;ogr27ms Core Support Request Ext, 304 For 19 years, our dedicated staff and volunteers have worked tirelessly to respond to 16hr1.vl AbN in anPI( 1I, t)oi-0r-1 the barriers facing homeless and impoverished men, women, and children. Martha's makes a profound impact within our community by serving as an entry point where individuals and families access a comprehensive array of residential and social services designed to promote independence and self-sufficiency. Our continuum of care includes 220 transitional housing and emergency shelter beds, food, medical and mental health care, children's services, case management, emergency assistance, recovery services, and a career and education center. Last year, as a result of our residential and social services, 92% of families served who exited our Transitional Housing program moved to permanent or more stable housing. $100,000 from the City of La Quinta would be instrumental in helping our organization continue this success and further our mission of service by supporting our innovative and multi -disciplinary programs. Core support funding will cover essential services ., 3 54 Members of Father Joe's Villages`' FATHER lOE'S V I L L A G E S` �7\ !.{t1SL VINCENT DE PAUL �f1',, MUSSAINT jU)IOSUE er PADRE LUIS JAYME i t,' V I L L A G E u YOUTH VILLAGES HOMES M E S JL'JNTERNATIGNAL OUTREACH Father Joe's Villages, a registered trademark of S.VD.P. Management, Inc. • 3350 E Street, San Diego, CA 92102-3332 320 . including food, safe housing, free medical services, and clothing for needy families and individuals. Last year alone, generous community support helped Martha's provide safety -net services to over 7,000 people in need. History and Mission Martha's Village and Kitchen has been improving social conditions for homeless families and individuals in the Coachella Valley for 19 years. In 1990 my great friend Claudia Castorena and I founded Martha's, and together we have witnessed our dream of a "Village," where homeless persons receive housing and social services, become a reality. In 2001, with wide public and private support, Martha's Village and Kitchen opened its beautiful facility in Indio, the first resource of its kind in the Coachella Valley. Today, the services provided align perfectly with our mission of helping our neighbors in need break the cycle of homelessness and poverty by promoting self- sufficiency through an innovative continuum of care, multi -disciplinary programs, and partnerships that come together in the spirit of our CREED (Compassion, Respect, Empathy, Empowerment, Dignity) to teach, learn from, and challenge our neighbors and one another. As the largest provider of homeless services in the Coachella Valley, Martha's continuum of care is available to homeless, impoverished, and at -risk individuals and families. Services include: ✓ Transitional Housing: Our facility provides 95 beds for homeless families with children and 25 beds for homeless single adults. Clients may reside at Martha's transitional housing for up to two years. Residents are af%rded access to our comprehensive continuum of care while participating in Challenge to Change, a 30-hour, 15-day motivational course designed to provide practical tools and techniques to assist residents in goal setting, communication, and problem solving. ✓ Emergency Shelter: Located on -site of Martha's campus, the 100-bed Emergency Shelter provides three meals daily, showers and hygiene care, and access to our existing continuum of supportive services. ✓ Food Services: We prepare and serve three nutritionally -balanced meals each day for our residents and daily lunch for homeless and impoverished community members. ✓ Health and Mental Health Services: Our state -licensed Medical Clinic offers preventive, primary, and psychiatric care free of charge to our residents as well as uninsured and impoverished adults and children lacking access to medical care from the surrounding community. ✓ Career and Education Services: Martha's Career and Education Center provides employment preparation and career development assistance. The Center serves both residents and community members. In addition to providingjob seeking resources we offer adult education onsite at our Center. We also provide access to a wide variety of career and education services through our partnership with Riverside County Workforce Development Agency. ✓ Case Management: Through individualized case plans, counseling, and information and referral, Case Managers ensure that residents of our transitional housing program are on track to successfully graduate from Martha's with income and/or benefits and permanent housing. During one-on-one weekly meetings, Case Managers help families set goals, track finances, and locate permanent housing options and other community resources. ✓ Children's Services: Our licensed Children's Services Program provides free, high -quality childcare and after -school programs to our resident children year-round. Children's Services staff also arrange summer camp programs. The facility and its playground offer a stimulating, safe, and structured environment in which our children play and learn. .. 35 32. ✓ Recovery Services: This program provides a range of services to address drug and alcohol addiction including individual counseling and education groups. ✓ Emergency Assistance: Each year, the Emergency Assistance program provides over 2,500 low- income neighbors in need with food boxes, utility assistance, rental assistance, transportation assistance, clothing vouchers, infant supplies, and more. The Need for Our Services — Region -wide According to a January 2009 report published by the National Alliance to End Homelessness, the current economic recession is likely to cause more families and individuals to experience homelessness. Based on their estimates, 1.5 million additional Americans may become homeless over the next two years. This means more children and adults in crisis, more dislocation from schools and communities, and more expenses for local shelter systems. The local Riverside community appears to be especially hard hit. By June 2009, the jobless rate in the Inland Empire hit 13.7 percent, second only to Detroit in the national ranking of urban centers with more than I million in the labor pool! As a result of joblessness, more families and individuals are experiencing difficulties paying for housing costs. In the first quarter of 2009, Riverside County's foreclosure rate had reached a point where one in every 27 homeowners had defaulted on their mortgage. The Coachella Valley already experiences a higher than typical poverty rate of 24%, which is twice the national average. According to Riverside's Department of Public Social Services, there are 3,336 homeless adults including 681 children in the County of Riverside on any given day.2 Approximately 43%of these individuals are encountered in jurisdictions in and around Martha's Village and Kitchen, including the communities of Indio, La Quinta, Mecca, Coachella, Thousand Palms, Palm Desert, Palm Springs, Desert Hot Springs, Cathedral City, and Rancho Mirage. In recent months, Martha's has witnessed firsthand the difficulties caused by the economic downturn. Our Emergency Assistance program, which provides emergency rental assistance, intake for our public lunch program, emergency food, infant supplies, shelter referrals, and other basic needs services, has been inundated by individuals and families seeking assistance. In the six months ending February 28, 2009, the number of persons seeking emergency food boxes increased over last year by 31% and requests for emergency infant supplies rose by more than 100%. Individuals and families served advised our staff that their increased needs are due to a tough economy and loss of employment. Our staff has also experienced an increase in client referrals from other local community -based service providers. Organizational Accomplishments We are very proud of our work and the achievements of each resident and guest served. We count each individual and family touched, through a meal, a bed, or any of our other supportive services, as our most important and lasting achievements. Our services are viewed as a gateway to hope where people regain their lives and pass their newfound independence and life skills to their children and families. ' Gruszeeki, Debra "Coachella Valley's jobless rate nears Detrou s. " The Desert Sun. July 30, 2009. Retrieved from The Desert Sun Official Web Site: hitn://wHw.mydesert.coin/at)pJobcs.dii/article?AID=2009907300339 press Release. Results ofthe 2009 Homeless Count, Riverside County Department of Public Social Services Iomeless Progams Unit, May 12, 2009. 3 5 :; In 2008, we achieved the following significant accomplishments: ✓ Martha's Village and Kitchen served 7,022 unduplicated neighbors in need. ✓ Martha's Transitional Housing program served 309 unduplicated men, women, and children and 92% of families served exited our program to permanent or more stable housing. ✓ Our congregate dining room served 232,531 meals including 3 meals daily to residents and lunch to neighbors in need. ✓ Martha's Medical Clinic provided free services to 1,971 homeless, uninsured, and indigent patients. 782 diabetic patients received medically necessary medications, diet and nutrition information, and diabetic education materials. Martha's Clinic filled 11,295 prescriptions for 878 patients. ✓ Our Children's Services program provided 129 unduplicated children with child development services, after -school care, literacy activities, and parent/child interaction programs. 100% of children enrolled in our preschool program showed improvements in problem solving skills, communication skills, and fine motor skills. In partnership with Martha's Medical Clinic, children received timely attention to their physical health needs through the provision of immunizations and basic health care. In closing, we are truly grateful for the opportunity to submit this core support request to the City of La Quinta. With an annual organizational operating budget of approximately 5.5 million dollars, your funding would make a valuable and lasting contribution in the lives of homeless individuals and families who seek refuge, food, and needed social services at Martha's Village and Kitchen. Thank you for your kind consideration of our request. Should you have any questions, please feel free to contact me at (760) 347-4741 ext. 303 or Gloria.Gomez@nei hg bor org, or John Wolohan, Vice President of Programs at (760) 347-4741, ext. 304 or John. Wolohan(pnei hg bor.org Sincerely, Glori�i ) Co -Founder Attachments: 1) 2009 Organizational Budget 2) Organizational Funding Sources, Private and Public 35: Operating expense ADVERTISING 20,900 AUDIT FEES 53,000 BANK CHARGES 33,629 BLDG MAINT CONTRACTS 6,100 BLDG MAINT/REPAIR CONTRACTORS 30,300 BUILDING MAINTENANCE 5,860 CAMP EXPENSES 30,000 CLEANING SUPPLIES 38,800 CLIENT CLOTHING VOUCHERS 13,530 CLIENT SCHOLARSHIPS/EDUCATION 3,500 CLIENT TRAVEL 10,600 COMPUTER SOFTWARE & SUPPLIES 12,500 CONTRACT SERVICES 32,725 DEPRECIATION 121,248 DINING ROOM SUPPLIES 25,500 DISCRETIONARY FUNDS 5,450 DONATIONS TO THE POOR 11,000 DRUG SCREENING CLIENTS 5,500 EMPLOYEE SCREENING 1,050 EMPLOYEE RECRUITMENT 8,280 EQUIPMENT LEASE/PURCHASE 72,663 EQUIPMENT MAINT/REPAIR 23,050 FOOD 288,820 FOOD CHILDREN MEALS 65,000 FRINGE BENEFITS 163,840 FUNDRAISING 40,600 GOLF TOURNAMENT 38,000 HOMELESS ID PROGRAM 3,000 HYGIENE SUPPLIES 22,350 INFANT SUPPLIES 1,200 INSURANCE 50,880 INTEREST EXPENSE 68,500 LABORATORY SUPPLIES 12,500 LANDSCAPING FEES 26,000 LICENSES & FEES 11,916 MEDICAL SUPPLIES 24,000 MEETINGS & CONFERENCES 12,450 MEMBERSHIP & PUBLICATIONS 3,600 MISCELLANEOUS 500 OFFICE SUPPLIES 24,370 OPERATING SUPPLIES 111,150 OUTSIDE ACTIVITIES 500 PAYROLL TAXES 187,874 PEST CONTROL 23,570 PHARMACY 80,000 POLO TOURNAMENT 22,000 POSTAGE 3,736 3/ PRINTING 15,550 PROFESSIONAL TIME 100,000 RADIOLOGY 6,000 RENT EXPENSE 332,680 SALARIES & WAGES 2,530,341 SECURITY SERVICES ALARM 1,950 SPECIAL EVENT 5K RUN/WALK 35,000 SPECIAL EVENT GALA 150,000 TELEPHONE 43,020 TEMPORARY LABOR 7,000 TESTING MATERIALS 1,000 TRAINING 22,000 TRASH SERVICES 28,400 TRAVEL EXPENSE 20,700 UNEMPLOYMENT 16,602 UNIFORM PURCHASES 2,000 UTILITIES 246,169 VEHICLE EXPENSES 7,849 VEHICLE INSURANCE 4,120 VEHICLE LEASE 12,854 VOLUNTEER APPRECIATION 10,000 WISH LIST 5,000 WORK COMP 38,705 Total Operating Expense $5,488,481 �...: 3 5 L .� 35� Funder Type Funded Amount Agua Caliente Band of Cahuilla Indians Private 5,000 Bank of America Foundation Private 25,000 Blue Shield of California Foundation Private 50,000 California Wellness Foundation Private 100,000 Champions Volunteer Foundation Private 8,000 Desert Alliance for Community Empowerment Private 20,000 Desert Classic Charities/Bob Hope Chrysler Classic Private 40,000 Gannett Foundation Private 1,000 Invitrogen Corporation Private 5,000 Lennar Charitable Housing Foundation Private 20,000 Matthew Dragicevich Charitable Foundation Private 5,000 Payless ShoeSource Private 3,000 Regional Access Project Foundation Private 52,500 The Lluella Morey Murphey Foundation, The Private 2,500 U.S. Bancorp Foundation Charitable Giving Private 10,000 Union Bank of California Foundation Private 5,000 United Way of the Desert Private 24,000 Verizon Foundation Private 50,000 City of Indian Wells, Community Assistance Program Public -City 10,000 City of Palm Desert, CDBG Public -City 10,280 City of Rancho Mirage, Special Assistance Funding Public -City 15,000 County of Riverside Dept/ Public & Social Services Public -County 428,000 County of Riverside, EFSP Phase XXVII Public -County 51,860 County of Riverside, Supervisor Jeff Stone Public -County 1,000 County of Riverside/ Children & Families Commission Public -County 357,074 County of Riverside/ EDA, Emergency Shelter Grant Public -County 30,718 CA Dept/ Education, Child and Adult Care Food Program Public -State 73,000 U.S Dept. of Housing and Urban Development Public -Federal 525,000 TOTAL 1,927,932 i 3�' ATTACHMENT 3 Current Operating Costs for Martha's Emergency Services TING COST- EMERGENCY ASSISTAb TING COST- EMERGENCY SHELTER EPROGRAM $18,110 $545,159 Projected Operating Costs for the New Permanent Emergency Shelter COST -EMERGENCY ASSISTANCE PROGRAM $19,790'' COST -EMERGENCY SHELTER $595,710. ICE $194,466 Program Funding Sources Martha's Village and Kitchen currently funds operations of its Emergency Services through a generous grant of $428,000 from the County of Riverside Department of Public & Social Services. Additional grant funding is provided by the County of Riverside — EFSP, City of Palm Desert — CDBG, United Way of the Desert, Regional Access Project Foundation, Desert Classic Charities, and through contributions from individuals, corporations, and other private foundations. 35 ON_ 3 _' ""7 T 4K"'ni4 COUNCIURDA MEETING DATE: October 20, 2009 ITEM TITLE: Consideration of Marketing Request from the Desert Classic Concours d'Elegance Car Show RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The Desert Classic Concours d'Elegance received $5,000 from the City of La Quinta last quarter via the Community Services Grants process. If Council elects to fund the additional $25,000 being requested, funds are available in Marketing Services Account Number101-1003-413.55-07 (due to a cost savings resulting from a cooperative program with the Palm Springs Desert Resort Communities Convention and Visitors Authority). Alternatively, Council may elect to fund this request via General Fund Reserves Account Number 101-0000-290.00-00. CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The organizers of the Desert Classic Concours d'Elegance indicate it will bring economic and promotional benefits to the City of La Quinta. BACKGROUND AND OVERVIEW: The Desert Classic Concours d'Elegance is a classic car exhibition being hosted at the La Quinta Resort & Club on February 28, 2010 (activities begin on February 25). Event organizers are planning on having more than 200 domestic and foreign automobiles on display at the Mountain Course, and expect to attract 6,000-8,000 IN ,.... 3 28 visitors to La Quinta. The Desert Classic Concours is a 501(c)(3) non-profit organization and net proceeds are distributed to charitable organizations in the local area. In July 2009, the Desert Classic Concours applied for a Community Services Grant in the amount of $250,000. The application was forwarded to the La Quinta Marketing Committee for review. The La Quinta Marketing Committee's recommendation to the 151 Quarter Ad Hoc Grant Committee was to fund the 2010 event at $5,000410,000 (based on overall grant budget limitations and a concern about the City paying for 100% of the Desert Classic Concours' marketing plan). In August 2009, as part of the first quarterly grants process, the 1" Quarter Ad Hoc Grant Committee recommended that Council approve funding for the Desert Classic Concours in the amount of $5,000. Council concurred, and asked event organizers to consider modifying their financial request and approaching the City at a future date. Earlier this month, staff received a proposal from the Desert Classic Concours requesting an additional $25,000 from the City for marketing and promotional efforts. Staff reviewed the proposal as well as the La Quinta Marketing Committee in an effort to provide Council with discussion points if Council were to consider approving this funding request (Attachment 1). If it is Council's pleasure to provide the additional funding, staff would negotiate a professional services agreement with the Desert Classic Concours. Based on an analysis of the proposal, it is recommended that the following items be addressed and/or negotiated with the Desert Classic Concours: 1. Provide a detailed advertising plan (hard media buys), and include size of advertisements, length of radio and television spots, etc.; 2. Consider earmarking funds toward "marketing and media plan" items only; 3. Negotiate guaranteed advertising and promotional benefits to City (inclusion of logo, photos, and taglines), including a full -page advertisement in event program guide as well as City logo on event and on -site signage; 4. Discuss additional City benefits in connection with event tickets, on -site activities, and VIP event attendance; and 5. Assist La Quinta businesses by providing opportunities for them to participate in main event or activities leading up to main event (e.g., hold events in the La Quinta Village, work with the Chamber of Commerce). The item is before the City Council for consideration. Upon Council direction, staff will negotiate a professional services agreement with the Desert Classic Concours and bring it back to Council for final approval. 360 320 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the marketing request submitted by the Desert Classic Concours d'Elegance for $25,000, and direct staff to prepare a Professional Services Agreement for City Council approval; or 2. Do not approve the marketing request submitted by the Desert Classic Concours d'Elegance; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R. Evas Assistant City anager — Development Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Proposal submitted by Desert Classic Concours d'Elegance 3 6 ., 330 ATTACHMENT 1 C O N C O U R 5 D• E L E G A N C October 15, 2009 Mayor & City Council Members City of La Quinta P. O. Box 1504 La Quinta, CA 92247 Dear Mayor Adolph & Council Members, 2 O 1 O The Desert Classic Concours d'Elegance is pleased to be moving our third annual event to the City of La Quinta and the La Quinta Resort and Club. Your support and assistance is very much appreciated and we look forward to creating a world -class event that will bring visitors and media attention to your City. Our previously held events were well received by the affluent classic car owners and other attendees. Area merchants benefitted from the influx of participants and spectators and our events generated worldwide media impressions in broadcast, print, web and radio, in places such as KTLA's primetime news, MSNBC.com, Forbes, Motor Trend and Auto Week Magazine. Extensive local coverage appeared in all newspapers, Palm Springs Life and Desert Sun magazines, and the areas radio and television stations broadcast interviews and images from the event. While confident that our event will continue to grow in stature we would like to ask for financial assistance from the City of La Quinta to enable us to broaden our advertising and marketing reach and attract more attendees. An increase in spectator attendance and media attention will provide direct benefit to the business community and residents of the City. The enclosed materials outline our plans for the 2010 Concours d'Elegance and include a Marketing and Media plan. We are excited about the many opportunities to partner with the City of La Quinta and look forward to creating a series of events at La Quinta Resort and Old Town La Quinta. We are actively pursuing sponsorship opportunities and while the current economic climate has challenged our fund raising efforts we are confident that we will secure the necessary funding. Thank you for your consideration of our request. We look forward to working closely with you and City Staff to create an event that will enhance the City of La Quinta and bring benefit to its residents and business community. Sincerely, Paul Merrigan Reed Hellyer "•. 3 b Founder Executive Director 331 TT HrfE DD E' S�/ E R U A R Y 2 6- 2 8 2 0' LA OUINTA RESORT - LA C 3rd Annual Desert Classic Concours d'Elegance February 25 — 28, 2010 La Quinta Resort & Club and Old Town La Quinta The Desert Classic Concours d'Elegance is a non-profit 501 (c)(3) corporation benefltting charitable organizations in the Coachella Valley 36� 332 7 Overview: The Desert Classic Concours d'Elegance is partnering with La Quinta Resort & Club to produce a motorsports lifestyle event. The highlight is the prestigious Concours d'Elegance, attracting 6,000-10,000 affluent visitors to the Mountain Golf Course at La Quinta Resort. Our goal is to bring economic benefit to the area, attract visitors and media attention to the City of La Quinta, and raise funds for local charitable organizations. Founders: Paul & Holly Merrigan Director: Reed Hellyer Advisory Committee: Freeman Thomas, Director, Strategic Design, Ford Motor Company; Frank Saucedo, Director of Advanced Design, General Motors Corp; Mike Kunz, General Manager, Mercedes-Benz Classic Center USA; Richard Messer, Director, Petersen Automotive Museum; Jim Corona, Heather James Fine Art; Ed Justice, President & CEO, Justice Brothers Inc; Don Murray, Retired, Classic Car Collector; Michael Lynch, Author, Automotive Historian 1. The Desert Classic Concours d'Elegance is very appreciative of the $5,000 funding approved in August 2009 through the Grant Application process. At this time we respectfully ask that the La Quinta City Council consider additional funding of $25,000 to support our efforts in creating a world -class event in the City of La Quinta. 2. Funds provided will primarily be used to market and promote the event to an audience locally, regionally and nationally. Endorsement by the City will assist us in securing other major sponsors. 3. We are currently in conversation with potential Media sponsors including publishers of the national magazines Road & Track and Automobile Magazine (each have more than 3 million readers). This association will enable us to promote the event and the City of La Quinta on a national level. We will pursue similar arrangements with additional Lifestyle publications in order to broaden our reach and reduce advertising expenses. Extensive post -event coverage of the 2009 event appeared in numerous regional and national publications and websites. 4. La Quinta Resort is assisting with Marketing and Promotion through their Public Relations firm, LA based Murphy O'Brien, as well as through their website, and eNewsletter. We will utilize all opportunities available to us to promote the event through the PS Convention and Visitors Authority, the La Quinta Chamber of Commerce, Old Town La Quinta, the City of La Quinta, as well as our own website, eNewletters and Facebook page. We will partner with other events to increase our visibility. 5. The Desert Classic Concours d'Elegance is committed to working with the City of La Quinta to support the 2009-2010 Economic Development Plan and all Action Items including: a. Work with key'event organizers on leveraging City sponsorships, implementing effective cooperative strategies, and attracting more people to stay/play and shop/dine in La Quinta. Promote new and current events and explore support for current events. b. Continue to implement and facilitate events that bring people into the Village. 3G4 33 C O N C O U R 5, D' E L E G A N C E 2 O 1 O 2009 CONCOURS D'ELEGANCE EVENT DEMOGRAPHICS 2009 Attendees - % By Region so ® Canada/Europe 50 40® Outside California 30 -IS States n 20I] California - Other 10 Regions ® Coachella Valley, 0 Full & Part -Time 3% 15% 30% 52% 2009 Car Owners - % By Region 50 45 40 35 a California tes rn CA 30 25 elIa Valley 20 ern CA (excl. 15 elIa Valley) 10 5 0 7% 16% 32% 45% ■ c� 334 C O N C O U n' E L E G A N C 2 0 1 0 PARTIAL LISTING OF MEDIA COVERAGE 2008 & 2009 EVENTS MotorTrend Ma azine 1.1 million monthly readers; Average income $70,000 Auto Week Magazine 350,000 monthly readers; 53% with more than $100,000 annual income Forza Magazine 280,000 annual circulation; Readers average income over $100,000 AutoEvents Magazine A National publication considered "The Motoring Guide to Automotive Events" The Business 30,000 copies distributed monthly to business people in Ontario, Canada Executive Palm Springs Life 26,000 copies distributed monthly; Readers average income over $250,000 Magazine The Desert Magazine 50,000 copies distributed month) Television: National: Wealth TV; Los Angeles: NBC- LA; Palm Springs Area: Extensive coverage and interviews on KMIR, CBS2, Time Warner Cable Radio National: Road & Track Speed Radio; Palm Springs Area: Interviews and coverage on KJJZ, KNEWS, EZ103 and others Newspaper Regional: Los Angeles Times (Daily Circulation of 740,000); San Diego Tribune; Palm Springs Area: Extensive coverage and articles in The Desert Sun, The Press Enter rise and others Websites Extensive world-wide reach on: MSNBC.com; Forbes.com; Reuters.com; SportsCarMarket.com; MotorTrend.com; Octane-Magazine.com; Autoweek.com; TopSpeed.com; SportsCarDigest.com; and others "The event drew cars from across the United States and Canada and is looking to be one of the premier concours in the country. More than once it was heard that the array and the quality of the cars on display might even rival the granddaddy of them all, the Pebble Beach Concours d'Elegance." By Jay Engel AutoWeek Magazine "Palm Springs' Concours d'Elegance is shifting into high gear after only its second year." By Jonathan Lloyd MSNBC.COM "By day's end it was clear that the Desert Classic Concours d'Elegance may well be destined to lie amongst the greats as a premier automotive event.... We can't wait to come back next year. 3 6 C By Rory Jurnecka, MotorTrend 3 3 S' 10 2009/2010 Budget - Desert Classic Concours d'Elegance Sales and Income Revised 9/09 Corral Fees 1,500 Entrant Fees 12,500 Program Advertising 8000 Spectator Tickets 125,000 Sponsorship 75,000 Tour Classique 3,500 Vendor 8,000 City of La Quinta Grant 5,000 City of La Quinta Funding 25,000 Total Income 263,500 Operating Expenses Advertising & Promotion 15,000 Banking 1,000 Car Transport 6,000 Commissions, Salaries & Fees 110,000 Garbage 3,000 Graphic Design Program 5,000 Materials 5,000 Event Graphics & Si na e 3,000 Misc 2,000 Hospitality - Media 1,200 Hospitality -Judges 1,000 Hospitality -Volunteer 1,000 Insurance 2,500 JudgesNIP's: Fee's & Expenses 2,000 Mailing 4,000 Membership Fees/Other 1,000 Misc. Reimbursement 3,000 Opening Party 3,000 Permits 500 Photography/Video 2,000 Police/Public Works 1,000 Printing Program 10,000 Materials 5,000 Event Graphics 5,000 Misc 2,000 36-1 ,,... 336 Public Relations/Sponsorship 5,000 Rental: Tent & Equipment 15,000 Rental: Toilets 5,000 Rental: Generators 1,500 Rental: Sound System 2,000 Rental: Misc. 5,000 Security 4,000 Signage- Event 6,000 Spectator Transportation 8,000 Supplies: Office, Misc 2,000 Telephone 1,500 Tour Classique 3,500 Trophies Classes 1,650 Special Awards 1,050 Extra 300 Volunteer Shirts 1,800 Website 6,000 Total Expenses 263,500 337 36") 12 cp�- C O N C O U R S D' E L E G A N C E 2 0 Y 0 MARKETING AND MEDIA PLAN FOR THE FEBRUARY 2010 DESERT CLASSIC CONCOURS D'ELEGANCE TO BE HELD AT THE LA QUINTA RESORT & CLUB LA QUINTA, CALIFORNIA •• 3 6 333 13 THE DESERT CLASSIC CONCOURS D'ELEGANCE Overview: This annual world -class exhibition of classic cars features more than 200 domestic and foreign automobiles representing the finest examples of automotive excellence. Patterned after other successful Concours d'Elegance events held throughout the world, the inaugural 2008 & 2009 events were held at the O'Donnell Golf Club in Palm Springs and received generous support from classic car enthusiasts, spectators, entrants and sponsors. Classic car owners submit applications and those entries which meet the specified criteria are invited to attend. An esteemed judging panel reviews each car and awards are presented. The event also includes food and wine, up -scale vendors, music and other entertainment. Extensive media exposure resulted in national and international coverage. Founders: The inspiration for the Desert Classic Concours d'Elegance began with founders Paul and Holly Merrigan. Their desire to combine an interest in classic cars, with their community spirit, resulted in the decision that a world -class concours could build on the automotive traditions of the Coachella Valley, bring economic benefits to the area and raise money for local charitable organizations. The 2010 Event at the La Quinta Resort & Club: In 2010, the Desert Classic Concours d'Elegance will move to La Quinta Resort to create a partnership with this renowned resort. The highlight of a series of events, the Concours d'Elegance, will be held February 28 with other events beginning on February 25. The La Quinta Resort, and the City of La Quinta, provides the perfect backdrop and ambience for a celebration of the motorsports lifestyle. The creation of a lifestyle event at one of the country's top destination resorts will attract world-wide interest and media attention. The feature event, the Sunday Concours d'Elegance, will be the focus of all marketing efforts. However, the preceding day's events will ensure that the majority of the participants and many of the spectators spend multiple days in the City's hotels. Attendance & Economic Impact Information: In 2008 and 2009 the Desert Classic Concours attracted 3,000 to 4,000 spectators each year. Based on historical data for this marketplace, and other similar concours events around the country, the growth potential is significant. The association with La Quinta Resort, and a broadened reach throughout the Western United States within select geographic markets, will grow this event. The 2010 goal for attendance is 6,000 to 8,000 or more. By 2012, the goal will be a minimum of 10,000 or more spectators. Entrants and spectators are predominately successful, well educated, affluent individuals with an appreciation for luxury items. • Number of people anticipated to attend the event in 2010: City of La Quinta Residents: 1,000 Coachella Valley Residents: 2,400 Out -of -Area Guests: 4 600 Total: 8,000 • Estimated room nights in The City of La Quinta associated with the event: 400+. City of La Quinta hotels will be promoted first and spectators encouraged to stay at La Quinta hotels. Many Southern CA residents may choose to make a day trip rather than spend the night; the calendar of events will encourage overnight stays and longer visits. Charity Partners: The Desert Classic Concours is a 501(c)(3) non-profit corporation and net proceeds from the sponsored events are distributed to selected charitable organizations in the local area. Additionally, donations to our Charity Partners are solicited from Entrants and Sponsors. The 2010 Charity Partners are: Animal Samaritans and the Boys and Girls Club of Coachella Valley. 3 7 () 339 14 Overview of the 2010 Proposed Schedule: • Thursday, Feb. 25: Arrival begins in the afternoon and evening. A casual reception that evening, or private dinners hosted by sponsors, will welcome the participants to La Quinta Resort. • Friday, Feb. 26: The morning starts with events planned for the competitive car owners- Hill Climbs and Road Races. New car aficionados will be attracted to La Quinta Resort for a display of automobiles from various luxury car manufacturers. Invitations to drive these new cars will be extended to local residents as well as guests at the Resort. A preview of the exclusive Auction featuring Classic Art, Artifacts and select, high -end Automobiles will take place Friday. An Opening Reception for all participants, sponsors and guests will be held Friday evening. • Saturday, Feb. 27: The day begins with Car Club Tours and the Tour Classique, a driving tour for cars entered in the Concours d'Elegance. Cars will be on display and spectators will be invited to watch these 'rolling works of art' as they leave from Old Town La Quinta. Another Auction preview day precedes the live Auction of Classic Art, Artifacts and select, high -end Automobiles, scheduled for the late afternoon. Saturday evening may include a concert or a Gala Party. • Sunday, Feb. 28: The highlight of the weekend, the Concours d'Elegance, takes place at the Mountain Course at La Quinta Resort. In addition to the exceptional automobiles on display, the event will include: the restaurants of La Quinta Resort offering up -scale food and beverages; an Exhibitor/Vendor area featuring the finest watches, jewelry and other luxury items; a trend setting Fashion Show; roaming musicians and artists capturing the sights of the event. 2010 MARKETING PLAN The Market - Event Audiences: • Concours Exhibitor — A select group of affluent classic automobile owners with cars that meet the concours criteria and are approved by the event selection committee. All marketing and public relations efforts center on the quality, craftsmanship and rarity of the entered cars. The selected cars are attracted primarily by recruitment through key contacts within the automobile world. Approximately 80% of the owners reside outside the Coachella Valley. • Car Club Corral —The corral will be European themed, featuring cars from Italy, Germany, France and Britain. Car clubs will pre -register and park together in the display area. Spectators — In 2009 approximately 4,500 people attended the Concours d'Elegance and 1,500 - 2,000 took part in events held the preceding days. Total participation was approximately 6,500 people. Based on historical data for this marketplace, and other similar concours events around the country, the growth potential is significant. The association with La Quinta Resort, and a broadened reach throughout the Western United States within select geographic markets, will grow this event. The 2010 goal for the Concours d'Elegance attendance is 6,000 - 8,000 or more. By 2012, the goal will be a minimum of 10,000 or more spectators. Participation in all events should exceed 15,000 — 20,000. Growth — Potential Spectators: The total targeted area population is in excess of 50,000,000. Primary Markets(Spectators): o La Quinta & Desert Communities o Inland Empire Cities o Los Angeles County o Orange County o San Diego County 311 340 15 • Secondary Markets (Spectators): o Central & Northern California, Oregon, Washington o Arizona, Nevada, Colorado, New Mexico, Idaho and Utah Market Growth Historically, the Concours event market and the classic car market show positive growth potential. Interest in this type of event in the Coachella Valley was proven by the attendance and support received the first two years from entrants, spectators and local, national and international media. Demographic Overview of Spectators: Avid car enthusiasts, who are well educated, well established, willing to spend money to support their interest in classic automobiles and other luxury goods. • College educated • A combined annual income in excess of $100,000 • Age: 40 and above • Own their home, townhouse and/or condominium • Have an appreciation for luxury items Sponsoring Partnerships: The primary business sponsorship for the 2009 event came from the City of Palm Springs, Morgan Stanley, Plycar, Mercedes Benz Classic Center, Saks Fifth Avenue, Jewelry by Gauthier, and Mac Gallery. Various other local companies provided Trade and In -kind contributions, including Time Warner Cable, Kaiser Restaurant Group, Heimark Distributors, Heather James Fine Art, KJAZ & JACK FM, Desert European, Palm Desert Business Improvement District and others. More than 30 up -scale Vendors and Food Concession businesses participated in the event. For 2010, various levels of partnerships are available and include hospitality tents, product displays, program advertising and full sponsorship. Each comes with distinct benefits including on -site presence, promotional opportunities, tickets to the Concours and other VIP functions and more. Partnership with the Desert Classic Concours d'Elegance provides an extraordinary opportunity for businesses to image brand to a targeted affluent audience and to connect with car aficionados, visitors and Coachella Valley residents while at the same time raising money to benefit Coachella Valley charities. Summary of Strengths and Opportunities: Our objective is to leverage our strength to take advantage of the opportunities our market presents. Strengths: • Respected and well connected management team with experience in concours events. Demonstrated ability to create a successful Concours d'Elegance. • Participation from expert judges and well known automotive celebrities. • Support from peers within the world of classic cars. • Affiliation with La Quinta Resort and Club. Recognition as a world -class resort destination. • Support and assistance from the management team and ownership of La Quinta Resort. • Support from the Public Relations firm for La Quinta Resort, Los Angeles based Murphy O'Brien, who also handles PR for similar events at the renowned Pebble Beach Resorts and Quail Lodge on the Monterey Peninsula. • The popularity of the City of La Quinta and the Coachella Valley as a travel destination. • Typically beautiful February weather is a major draw to spectators, entrants and sponsors. • Community commitment and charitable aspect of event. • Close proximity to a large market of potential attendees and participants, and ease of travel. 3 % G 16 341 Opportunities: There are a multitude of marketing opportunities for the event to capitalize on as a result of location, lifestyle, community /charitable giving, positive market perception and quality of the event. • Leverage positive perception of event location in a well-known resort market. • No similar car event during this window of time in our primary geographic markets. • Build on the enthusiasm and momentum from the first two events. • Considerable interest exists in classic cars and related activities as seen at other concours events held nationwide. • Create strategic alliances and co -promotion in all marketing activities. • A significant percentage of our target market is not yet familiar with the event. • Capitalize on the interests and lifestyle of baby boomers. • Increased sales opportunities and untapped markets within 150 mile radius of event location. Event Goals: • Create a full calendar of events paired with the Concours: auctions, special exhibitions, tours, dinners and notable social events. • Build on the automotive traditions and history of La Quinta and the Coachella Valley. • Create a positive economic impact on the local business community. • Contribute substantial funds to local charitable organizations. • Target Partner programs and alliances to grow the event. • Create events that provide value and a memorable lifestyle experience for the attendees. • The Desert Classic will become recognized as one of the world's premier Concours d'Elegance. 2010 MEDIA PLAN Media Response to the 2008 & 2009 Events: The two previously held events attracted world-wide media attention in print and in online publications. Extensive post event coverage included articles in national and regional publications such as Auto Week, American Driver, MSNBC.com, Motor Trend Magazine, Los Angeles Times, San Diego Tribune, Forbes, Auto Events, and others. The Los Angeles NBC television affiliate provided pre -event publicity and the San Diego based Wealth TV filmed extensively at the Concours. The event appeared on websites in Russia, Germany, Australia, England, Canada, Japan and elsewhere resulting in vast exposure and impressions online. The West Coast debut of the Fisker Karma hybrid car at the 2009 Concours and the showing of the electric car, the Aptera, attracted wide spread media attention for the event. Extensive local coverage appeared in publications such as Palm Springs Life, the Desert Sun and others. Numerous television and radio interviews were conducted in advance and extensive post coverage of the event appeared on Coachella Valley television stations. Proposed 2010 Public Relations and Media Plan: Public Relations: The marketing and public relations efforts will be led by Murphy O'Brien, the PR firm for La Quinta Resort. They offer extensive experience and provide similar work for the Concours held at Pebble Beach Resorts and Quail Lodge. Assistance will be provided by Coachella Valley based Kimberly Nichols Represents. Monthly press releases have already begun and will be distributed via PR Newswire and other sources. Radio: • Numerous interviews and appearances were conducted in advance of the 2009 event on local radio as well as the nationally broadcast Road & Track Speed Radio. This will be expanded in 2010 to reach a broader market. ,+" ' 3 • In 2008 & 2009, local radio stations KJAZ and JACK FM, provided extensive pre -event publicity. The popular Jim "Fitz" Fitzgerald broadcast on -site. They will again participate in 2010. 3 4 17 Print Publications: • Murphy O'Brien is pitching the event to Lifestyle publications and Automotive magazines both regionally and nationally to obtain advance articles. • Select advertising will be purchased in the target markets in appropriate publications. • Program Ad placement will be traded with other Concours d'Elegance events and up -scale Art and Car auctions. • Coachella Valley publications such as the Desert Sun Magazine and Palm Springs Life are very supportive of the event and the move to La Quinta Resort. Feature articles on the Concours appeared the month before the 2009 event and it is expected that similar support will occur again. • A partnership with the La Quinta Chamber of Commerce is being developed to maximize exposure to the business community through their resources and publications. • A high -end catalog will be created for the Art Auction and distributed to more than 5,000 exclusive collectors worldwide. Television: • Coachella Valley television stations provided extensive coverage of the 2009 event and also conducted interviews which appeared on programs such as "Eye on the Desert". The expanded events calendar and increased profile of the event will increase their interest and provide additional coverage. • In 2008 & 2009, Time Warner Cable provided more than 200 advance publicity spots on cable television. This will take place again in 2010 and be expanded to include the San Diego market. • There have been preliminary discussions with television production companies about a one -hour cable special based on the celebrities and classic cars at the event. With sufficient sponsorship, this can be arranged. On-line: • The La Quinta Resort and the Desert Classic Concours websites will be used to promote the event and to create links with other organizations. La Quinta Resort has extensive email contact lists and reach through their e-Newsletter. • Car Clubs and other auto related organizations located regionally and in the other target markets will be targeted for email campaigns. • Maximize the on-line reach and exposure available through membership in the Convention and Visitors Authority. Signage/Advertising: • Signage will be placed in strategic locations throughout the Coachella Valley to increase awareness of the event. • Local businesses will be able to participate and promote the event through display of posters and flyers. • Advertising in the event program is available to local businesses as well as others. Each ticket holder at the Concours will receive a souvenir program and the program is distributed to sponsors and others. Throughout the year, the program is mailed to businesses and media across the United States as part of a sponsorship solicitation packet. Media/Marketina Benefits: The focus of all marketing and promotion efforts will be to increase attendance and sales revenue at the Desert Classic Concours d'Elegance and auxiliary events, increase room reservations at La Quinta Resort and generate revenue in their shops and restaurants, bring economic benefit to the local business community, promote the City of La Quinta as a world -class destination, provide value and recognition to our sponsors, and to raise money for our charity partners. 3 1 :, 18 34-1 T-df 4 4 a" AGENDA CATEGORY: COUNCIURDA MEETING DATE: October 20, 2009 BUSINESS SESSION: ITEM TITLE: Consideration of Appointment to the Energy and Water Conservation Subcommittee CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Appoint a representative of the City Council or authorize the City Manager to appoint a City staff member to the Coachella Valley Association of Governments (CVAG) Energy and Water Conservation Subcommittee. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In March 2007, the CVAG Executive Committee established an Energy and Water Conservation Subcommittee to initiate an effort to promote sustainable energy and water use. The Subcommittee sits under the Energy & Environmental Resources Committee. CVAG has requested a representative be appointed to fill the vacancy of former Council Member Tom Kirk on the Subcommittee. Although there are no terms established for the Subcommittee, it has been customary for the City Council to reconsider Council committee appointments on an annual basis. The City Council has the option of appointing a Council Member or authorizing the City Manager to appoint a City staff member. 316 34" The Subcommittee meets on the third Thursday of each month beginning at 8:00 a.m. at the CVAG offices in Palm Desert. FINDINGS AND ALTERNATIVES: The Alternatives available to the City Council include: 1. Appoint a representative of the City Council or authorize the City Manager to appoint a City staff member to the CVAG Energy and Water Conservation Subcommittee.; or 2. Do not appoint a representative of the City Council or authorize the City Manager to appoint a City staff member to the CVAG Energy and Water Conservation Subcommittee.; or 3. Provide staff with alternative direction. Respectfully submitted, i Veronica J. M tecino, CMC City Clerk Approved for submission by: Thomas P. Genovese, City Manager ..... 31 e 341 REPORT/INFORMATIONAL ITEM: INVESTMENT ADVISORY BOARD MEETING September 9, 2009 CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 4:00 p.m. by Chairman Ross, followed by the Pledge of Allegiance. PRESENT: Board Members Moulin, Olander, Ross, Rassi and Park (4:12 P.M.) ABSENT: None. OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Senior Secretary II. PUBLIC COMMENTS — None. III Confirmation of Agenda Ms. Orrantia requested that an amended copy of page 1 of the July 8th minutes be added to the agenda to reflect Board Member Olander's presence at the July meeting. MOTION - It was moved by Board Members Rassi/Olander to approve the agenda as amended. Motion carried unanimously. IV CONSENT CALENDAR A. Approval of Minutes of Meeting on July 8, 2009 for the Investment Advisory Board. Board Member Moulin requested that the guests present be listed under item one and not item three. Mr. Falconer concurred. General discussion ensued amongst the Board and it was agreed upon by the Board to reflect the guests present in both Items one and three. Board Member Moulin advised that on page 5, Item D, the motion reflects Board Member Deniel, who is no longer with the Board,,.. 370 Chairman Ross asked staff to review the recorded minutes of July 8" and correct the motion accordingly. Chairman Ross requested a correction be made on page 4, Item C, third paragraph, second sentence changing "wok" to "work." MOTION: It was moved Board Members Moulin/Rassi to approve the minutes of July 8, 2009 as amended. Motion carried unanimously. V BUSINESS SESSION A. Transmittal of Treasury Report for June and July 2009 Mr. Falconer presented and reviewed the staff report advising the Board that the City's annual audit has been completed. During the review of the audit, the June Treasurer's Report was reviewed and there were no GASB 31 adjustments to the fair market values to report. Mr. Falconer advised that the portfolio declined by $9 million due to the June pass -through payments. In addition, the average portfolio increased by 30 days due to recent purchase of CD's with four local banks and a fifth CD to be purchased in the month of August (which will be reflected in the August Treasurers Report). The recent purchase CD's are reflected on page 5 of the Treasurers Report, along with the activities on page 7. In response to Board Member Moulin, Mr. Falconer advised that the CD's yields were based on what was being offered by the individual bank at that time. General discussion ensued amongst the Board regarding banks and their FDIC limits. In response to Chairman Ross, Mr. Falconer advised that a portion of the audit reports are compiled based on the fiscal agent report received from the bank in addition to information received from the bond trustees, with the bank reconciliation compiled by staff. Mr. Falconer further advised that the City's petty cash is the only asset counted in-house, which was completed in the month June; and SilverRock's inventory and cash is handled by the City's contractor Landmark Land. / ... 3 1 !J 2 347 MOTION - It was moved by Board Members Moulin/Olander to approve, receive and file the Treasury Reports for June and July 2009. Motion carried unanimously. Mr. Falconer advised the Board of his conversation with Board Member Moulin in reference to the cash flow forecast, the dilemma of the state's budget, and its impact to the City's cash flow forecast. Mr. Falconer requested that a verbal discussion be added to Work Plan items regarding this issue. B. FY 2009-2010 Work Plan In response to Board Member Moulin, Mr. Falconer advised that the City Council passed the 2009-2010 Work Plan and they were very complementary to both the Board and staff. General discussion ensued amongst the Board regarding the upcoming fiscal year's work plan and the Board's approach to each item. In response to Board Member Moulin, Mr. Falconer stated that he had no suggestions to a particular money market fund. Mr. Falconer asked the Board for their input and/or suggestions on money market funds and pooled funds in addition to LAIF. In response to Board Member Olander, Mr. Falconer advised that the yields for money market funds will not be higher than those currently in LAIF. General discussion ensued amongst the Board regarding the upcoming LAIF conference scheduled in October. General discussion ensued amongst the Board regarding the CDAR's program and it was the conclusion of the Board to review the program at the regular scheduled meeting in January. The Board agreed to the schedule below to review the upcoming work plan items as follows: October — Initial review of Money Market Funds Mr. Falconer and Chairman Ross volunteered to compile information regarding . suggested Money Market Funds to be reviewed by the Board at the October meeting. Mr. Falconer 37 3,. 340 advised the Board that if they had any suggestions in regards to Money Market Funds to forward them to staff to be included in the report for the October meeting. November - LAIF December - Auditors January - CDAR's February - Review of Investment Policy In response to Board Member Moulin, Mr. Falconer advised that the audit report has not been received due to some outstanding accruals. Staff anticipates forwarding the audit report to the Board in December; the report is tentatively scheduled to be presented to the City Council in the month of November. MOTION - It was moved by Board Members Park/Olander to adopt the tentative schedule and continue the review of the 2009-2010 work plan. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month -End Cash Report and other selected Financial Data - August 2009 Mr. Falconer presented the month -end cash report advising that the rates continue to remain low as well as the T-Bills rates. Page 3 reflects the LAIF performance which continually decline with the current market. General discussion ensued by the Board and staff regarding the use Of mutual funds in lieu of LAIF. Board Member Olander requested a verbal discussion regarding securities. It was agreed upon by the Board to discuss this issue under board member items. Noted and Filed B. Pooled Money Investment Board Reports - June 2009 Mr. Falconer advised that the portfolio size declined from June,, 380 2008 to June 2009, the June 2008 portfolio was at $72.5 billion, and the June 2009 portfolio was at $48 billion with an 4"'. 349 approximate decline of $24 billion. Mr. Falconer further advised that the loan amounts are currently at 24% which are reflected on page 3. He also advised that he spoke with Pam Milliron, LAIF Administrator, and she advised him that all loans are current. General discussion ensued amongst the Board and staff regarding the decrease in the LAIF portfolio and the loans. Noted and Filed C. Joint City Council/IAB Meeting, Mr. Falconer advised the Board that the annual joint meeting with the City Council is scheduled for October 271h, at 7:00 p.m. Noted and Filed General discussion ensued amongst the Board regarding the October IAB meeting. It was the conclusion of the Board to change the date of the meeting from October 14, 2009 to October 7, 2009. MOTION - It was moved by Board Members Park/Moulin to reschedule the October 14, 2009 to October 7, 2009. Motion carried unanimously. VII BOARD MEMBER ITEMS Board Member Olander suggested that with respect to the funds believed not to be distributed within 5 years ($8 million) and presently invested in 3 to 5 year treasuries that we consider extending the maturities to include the 10-year Treasury Note, which yields in the 3.2% to 3.5% range at present. Currently the 10-year investments offer a higher yield with the similar terms as the 3 to 5 year investments. Board Member Olander stated that he had discussed this issue with staff, and staff was not in favor of a 10-year term. In response to Chairman Ross, Mr. Falconer advised that the state code allows investments only up to 5-year, but could be allowed up to 10 years if approved by City Council. General discussion ensued amongst the Board and staff regarding the extension of investments to 10 years. 381 5,. 350 Mr. Falconer advised that the issue needs to be discussed in line with the investment policy, and suggested that this issue be discussed during the review of the investment policy. It was the conclusion of the Board to discuss the 10-year investments during the review of the investment policy. In response to Board Member Moulin, Mr. Falconer advised the Board of the RDA funds being taken by the state, and the lawsuit that will be filed by the RDA regarding the state taking these RDA monies. General discussion ensued by the Board regarding the state's use of RDA monies and the lawsuit to be filed. In addition, the Board also discussed debt services payments and the City's possibility of paying a larger percentage due to other governing agencies inability to pay. Mr. Falconer advised the Board that under Prop. 1 A, the state will be borrowing 8% from all agencies' property taxes and will be paid back over a three year period; this equates approximately to $950,000 for the City of La Quinta. VIII ADJOURNMENT MOTION - It was moved by Board Members Moulin/Park to adjourn the meeting at 5:10 p.m. Motion carried unanimously. Su fitted y, Vianka Orrantia, Senior Secretary Ii o ,D '_.' 351 REPORTS/INFORMATIONAL ITEM: 19-0 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 8, 2009 CALL TO ORDER 7:03 P.M. A. This meeting of the Planning Commission was called to order at 7:03 p.m. by Chairman Ed Alderson who asked Commissioner Barrows to lead the flag salute. B. Present: Commissioners Katie Barrows, Paul Quill, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson. Staff present: Planning Director Les Johnson, City Attorney Kathy Jenson, Planning Manager David Sawyer, Assistant Planner Yvonne Franco, Assistant Planner Eric Ceja, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: None IV. CONSENT CALENDAR: Chairman Alderson asked if there were any changes to the minutes of July 28, 2009. There being no comments or corrections it was moved and seconded by Commissioners Barrows/Quill to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Site Development Permit 2007-879, Time Extension No. 1; a request by The Foundation Group for consideration of a one-year time extension for a 6,200 square foot retail building located within the La Quinta Village Shopping Center located on the northwest corner of Washington Street and Calle Tampico. 35' Planning Commission Minutes September 8, 2009 Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Weber commented on the staff report notation that the applicant was working with the adjacent property owners regarding the fountain. He asked if anything new had developed. Staff said the applicant had been working with the property owner on landscaping of the retention basin. Commissioner Weber asked if that included landscaping around the fountain. Staff said yes. Commissioner Weber asked for clarification of the location of the waste receptacles. Staff responded it was just off to the west and noted the location on the exhibit. Commissioner Weber said he wanted to make sure the trash receptacle would not be placed near the bus stop that was a part of this parcel. Commissioner Weber asked if the parcel was actually larger than the drawing the Commission received (A-5). Staff said yes. Commissioner Weber commented on the parking and asked if it was sufficient for the project. Staff replied it was. Chairman Alderson asked if the highlighted items were new conditions and primarily procedural issues and with nothing major having to do with construction of the building and/or any grade elevation changes. Staff said it was correct. Chairman Alderson asked if the applicant was there. Staff responded the applicant was not present. Chairman Alderson asked if the applicant had agreed to all the Conditions of Approval. Staff said they had. Commissioner Weber had several comments on the parking lot lighting. He was specifically concerned about two items; 1). Some of the existing lighting is placed close to the bus stop and buried in a tree, causing the standard to be visibly moved and creating a hazard, which could be a Code Enforcement issue, and, 2). Other lights are 35 Planning Commission Minutes September 8, 2009 also buried in the overgrown mesquite trees, particularly one west of the corner of the building, near the bus stop, on that site. Chairman Alderson asked if Commissioner Weber was suggesting that, in the interest of public safety, Code Enforcement should look into these situations. Commissioner Weber said yes. Commissioner Weber said he assumed the other parcel owner was taking care of all the parking lot lighting, including this parcel since the lighting was already there. He wondered if there were any issues, with that, since it was a separate ownership. Planning Director Johnson responded it was a separate ownership but he understood there was a reciprocal agreement with regards to the use of the parking lot; including the lighting and the trash receptacles. He gave a brief background on the history of the site and how it became separate from the rest of the parcel, as well as the information on the reciprocal agreement. He then said staff would make sure Code Enforcement addressed the issue of the proper maintenance of the trees with both property owners. Commissioner Weber thanked staff and encouraged them to take care of this as soon as possible because it was definitely a problem. There being no further questions of the staff, Chairman Alderson asked if the applicant was available and would like to address the Commission. The applicant was not present and Chairman Alderson asked if there was any public comment. There being no public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. There being no further discussion it was moved and seconded by Commissioners Quill/Weber to approve Resolution 2009-023 approving Site Development Permit 2007-879, Time Extension No. 1 as submitted. Unanimously approved. 38 35G Planning Commission Minutes September 8, 2009 B. Conditional Use Permit 2009-085, Amendment No. 1; a request by Royal Street Communications for consideration to allow for the co - location of six panel antennas on an existing telecommunication monopalm tower located at 54-001 Madison Street; Riverside County Fire Station #70. Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Quill commented on the Fire Station being owned by the City of La Quinta, and asked if any additional ground leases or equipment from another company provided revenue to the City of La Quinta. Staff said yes. Commissioner Weber asked if there was a picture, or any other detailed renderings of the actual array, provided. Staff said no. The applicant was not doing additional antenna arrays. The new antennas would be attached in the radius around the pole. Commissioner Weber said he was hoping to see an actual picture of what was already approved since there was an existing tower, and a pending tower that was proposed at 55 feet. Commissioner Weber commented on the pending ground lease and the fact that it would have been helpful to actually see the final plans since this was such a prominent corner and a real visual issue. Planning Director Johnson responded by explaining what was being placed at that site; including how the arrays would be placed. He also said one of the conditions of approval included the possibility of some screening options that staff would work on, with the applicant. He went over the possible options and their impact. He said the Code encourages the use of co -location sites and staff felt that, at a ,.... 38c 35 Planning Commission Minutes September 8, 2009 minimum, the cables should be painted to match and, since they were tightly placed against the pole, there was no need for a full rendering to be submitted. Commissioner Weber asked if the color was going to be the same as the base so it would blend in with the trunk. Staff said yes. Commissioner Weber asked if this was going to be similar to something proposed recently at another location. Planning Director Johnson responded there was a similar proposal in North La Quinta, north of Corporate Center and Adams. Commissioner Barrows asked for confirmation of the language regarding screening in condition #33 where it identified that the proposed equipment on the ground would not "be visible above the surrounding wall". Assistant Planner Ceja said that was correct. Commissioner Barrows asked if staff was suggesting that an additional condition, or statement, be added to that. Staff said no. It was just referencing the fact that they would not be visible, since the plans show they are visible. Staff recommended this condition so that the equipment would be completely screened from view. Commissioner Barrows just wanted to clarify that where the condition states "shall not be visible above the surrounding wall," the intent was it could include screening. Staff said yes. Chairman Alderson commented on the fact there would have to be a lease in place, signed, and activated prior to this becoming a functional tower. Planning Director Johnson responded that the property owner (City of La Quinta) had given consent to allow this to be presented to the Commission and, if it is approved, the City would then enter into negotiations to secure a lease prior to a building permit being granted. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Ms. Veronica Arvizu, 29-504 Masters Drive, Murrieta CA 92563 introduced herself and gave some background information on condition #36, where it mentions the cables need to be placed inside 356 Planning Commission Minutes September 8, 2009 the tower. She said she had a structural analysis of the tower performed, by TowerCo, which is the owner of the tower and the analysis showed that the cables cannot fit inside the tower due to the tower's width. She gave anecdotal information on a similar situation regarding a tower in the City of Riverside and how they resolved it. She said the outcome looked really good and offered to bring samples of the materials used to the Planning Director. She was requesting that the condition be changed to read "to be disguised" or words to that effect. Commissioner Weber asked if the cable was 7/8's diameter. Ms. Arvizu said yes. Commissioner Weber asked why they could not fit three such cables in the tower. Ms. Arvizu said that was what the structural report stated. Chairman Alderson asked if she meant the cables would not physically fit. She said that was correct because there were currently 12 cables in the trunk, and the additional three would not fit inside. They would have to be placed on the outside per the structural calculations. Chairman Alderson asked if placing the cables on the outside of the tower was a standard of the industry. Ms. Arvizu said if they were renting from, or co -locating, with Sprint they were not allowed to place any cables on the inside of the towers. However, this tower is owned by TowerCo and they intended to place the cables inside until they saw the structural report and realized it was not possible. Commissioner Weber asked about the diameter of the tower and said his sketch showed the cables would fit. He wondered why they wouldn't fit and if it was based on being attached in the interior. Ms. Arvizu responded the cables did not have to be attached, as they would be "free -hanging". She added the tower is tapered and it gets smaller at the top; therefore they could not get to the exit port, at the 50-foot mark, because the diameter gets too skinny up at the top. They have their cables pulled all the way up to the palm fronds. So, at the 50-foot height, which is where they would have to be pulled out, there's just not enough space to actually pull them through. Planning Commission Minutes September 8, 2009 Commissioner Weber asked if there was a punch out, or a way to bore into that, would the structure be compromised. Ms. Arvizu said yes. Commissioner Wilkinson asked how far up the column they could go before they lost their space. Ms. Arvizu said she believed it was about half -way, or approximately 25 feet. Commissioner Wilkinson suggested it might be less obtrusive if the cables could be inside half -way up and then outside from that point on. He commented that, from a visual standpoint, the farther away it was from people looking at it the less obtrusive it would be. Ms. Arvizu said they had to cut portholes at the 25 foot height and she was not sure, structurally, if that was possible but she would look into it. Chairman Alderson said there was an existing tower there and asked how it was wired. Ms. Arvizu said this tower has had several owners with their cables still present which was why there was not adequate space to add new cables. Chairman Alderson asked if these were coaxial cables. Ms. Arvizu said yes. Commissioner Wilkinson asked if she knew of a location where this had been done so the Commission, or staff, could see it. Ms. Arvizu referenced back to the previous discussion about the tower in the City of Riverside. Planning Director Johnson asked if the structural report stated that all three cables could not fit inside, or was there the potential that two of the three could possibly be placed inside the tower. Ms. Arvizu said the report stated they have to be outside, but she would check into that possibility. Planning Director Johnson said one option, to help from an aesthetic standpoint and minimize the affect, would be to place as many cables as possible inside the tower. If the Commission was supportive of this, staff could work with the applicant on the placement. He suggested they be placed more towards the south west side. Even though there were homes there, the views would be very limited from 3Sc 358 Planning Commission Minutes September 8, 2009 those residences as well as what would be seen from either Madison or Avenue 54. At a minimum, they should be required to put as many cables as possible inside the tower. Ms. Arvizu said there was also a cluster of trees in that area and they could put them facing the trees so they would not be seen from the residential side. Discussion followed of what was located in the area and the advantages to staff's suggestions. Chairman Alderson asked if there was any public comment. There being no public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Chairman Alderson asked if the Commissioners wanted to discuss staff's suggestions. Commissioner Weber wanted to comment on Commissioner Wilkinson's comment regarding approving the application and leaving it up to staff and the Planning Director to come up with a solution. He thought the solutions that needed to be explored were to 1). keeping the cables interior as far up as possible, 2). going up 20 feet or so and then popping out, if possible, and 3). putting as many as possible in the interior and then minimizing what had to be placed on the exterior. There was no further discussion and it was moved and seconded by Commissioners Weber/Wilkinson to approve Resolution 2009-024 recommending approval of Conditional Use Permit 2009-085, Amendment No. 1, with the following suggestion: Condition number 36 will be left to the discretion of the Planning Director with the strong recommendation to find a way to minimize the coaxial cables being viewed from the exterior and having them go interior for as long as they can up the pole and then popping out, or getting the cables interior and minimizing the amount of cables that have to be place on the exterior. Unanimously approved. 3°0 359 Planning Commission Minutes September 8, 2009 VI. BUSINESS ITEMS: A. Street Name Change 2009-019; a request by East of Madison, LLC for consideration of adoption of a resolution of intention to change a street name from Fremont Way to Happy Place Lane, located north of Baffin Avenue, west of Pike Place; within the Madison Club. Chairman Alderson advised the Commissioners this was a business item, not a public hearing, for consideration of adoption of a Resolution of Intention to change a street name. He added the Commission was not ruling on the actual street name, but rather the minimal requirements for public hearing. He then asked staff for confirmation of that statement. Planning Manager David Sawyer responded it was correct. The action by the Commission was to set the hearing date. The item would then come back to the Planning Commission, as a public hearing, for recommendation and then would be forwarded to the City Council for their public hearing. Chairman Alderson then asked for Commissioner comments. Commissioner Wilkinson asked if there was any conflict with the names Happy Point and Happy Place. Chairman Alderson reaffirmed this was not the forum in which to discuss this as it would come back as a public hearing item. The intent of this meeting was to approve the passing of the resolution. Commissioner Weber said there were ten parcels with nine owners and only six signatures on the request. He asked if there was any issue with the signatures; especially since two of the parcels had one owner. He asked if there were any legalities they needed to be concerned about because of the 60% of signatures. Planning Manager Sawyer said they looked at this as 60% of the properties and not the individual owners, therefore, the multiple ownership would not be an issue. Commissioner Weber said he thought it would have been nice to see more property owners signing off on this and hoped the City could contact all the parcel owners for the public hearing. ,,... 3 94 .,... 360 Planning Commission Minutes September 8, 2009 Chairman Alderson said he was sure staff had met all the legal requirements that allowed the Commission to go to the next level. The Commissioners would be able to address Commissioner Weber's comments at the public hearing. City Attorney Jenson said all the legal parcel owners would receive a copy of the hearing notice. She also clarified the previous statement of 60% of the properties, saying it is 60% of the lineal footage of property. There being no further discussion it was moved and seconded by Commissioners Quill/Weber to approve Resolution 2009-025 approving the Resolution of Intention to Change a Street Name Change 2009-019 as submitted. Unanimously approved. B. Architectural Design Review; a request by Mr. & Mrs. Doug Bogren for consideration to allow an architectural design that is not compatible with the Cove Architectural Design Guidelines for a residence to be located at 51-705 Avenida Madero within the La Quinta Cove. Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Yvonne Franco presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Quill commented on the Oriental and Fang Shui influences on the design of the house. He asked if this was going to be a tile roof and if there was a color board available. Staff responded the color was shown on Exhibit Sheet Two and the tiles would be green. Commissioner Wilkinson asked staff to verify it would be the dark green color, because it looked blue in the lower picture and the dark green was also highlighted. Staff said the two lower pictures were just examples of existing roof tiles of what the applicant wanted to incorporate into his roof. The one on top is what he is proposing. 39 361 Planning Commission Minutes September 8, 2009 Commissioner Wilkinson asked if the tower element was a chimney. Staff said yes and that had been addressed in the plan check comments. It would have to be lowered to comply with the height requirements. Commissioner Weber asked if the Architecture and Landscaping Review Committee (ALRC) had reviewed this application. Staff said no. Chairman Alderson asked if they were going to look at it. Staff responded no. Commissioner Weber added it was not required but the Planning Commission could direct that the ALRC review this application. Planning Director Johnson said it could be directed to them, but the architectural standards in the Cove Guidelines state significant variations go directly to the Planning Commission for consideration. Commissioner Weber said there are guidelines and standards established, for single family homes in the Cove residential area. He drove the area and did not see anything like this architecture. Staff commented they were familiar with the area and did not know of any existing residence that had this type of roof design, either in the Cove or elsewhere in La Quinta. Commissioner Barrows asked if the height of the spark arrestors had been addressed. Staff said yes. Chairman Alderson said he did not believe there was any other home in the Cove with this type of roof construction. Planning Director Johnson said, several staff members had driven throughout the Cove and had not seen this architectural style. He did not know if the applicant, or his architect, was aware of any other examples of this architecture within the Cove. He added there were other examples in other communities, but nothing that he could point to within the Cove, or anywhere else in the La Quinta community. There being no further questions of the staff, Chairman Alderson asked if the applicant was available and would like to address the Commission. 39 36, Planning Commission Minutes September 8, 2009 Mr. Bogren 51-705 Avenida Madero, La Quinta CA 92253, introduced himself and said one of the main purposes of this architecture was to do the arched ridges. He said they were a little bit dramatic (the flying eaves), but they would be reduced to about half of what appeared on the exhibits. He added, the main focus was to do an arched ridgeline. He acknowledged that the house design reflected Asian influence and it was different from all the homes surrounding it. Commissioner Quill asked if Mr. Bogren was the builder. Mr. Bogren said yes. Commissioner Quill asked if Mr. Bogren would be the owner or was he building the house for someone in particular. Mr. Bogren said he and his wife would own the house. He said his wife was interested in Asian themes and this was the fifth house he'd built or remodeled. Commissioner Quill confirmed the Asian interest was Mr. and Mrs. Bogren's interest. Mr. Bogren said this was a Fang Shui-designed house. He said, if you looked at the pictures you would see the unusual front entrance and there was a large dragon in the courtyard as well as a waterfall and fountain. He also said their idea was to carry through on the Asian theme. Commissioner Quill asked for confirmation that the Commission was not being asked to approve any deviation of zoning setbacks or anything of that nature but deciding on a strictly aesthetic treatment type of issue. Staff said that was correct and the language in the design standards was specific in stating that significant variations required Planning Commission approval. Staff viewed this as a significant variation. Commissioner Quill asked if the roof -mounted equipment would be going away. Mr. Bogren said yes. Commissioner Weber asked if the second bedroom was actually 69 square feet as he was concerned when he saw a 69 square foot bedroom. 39 • 36? Planning Commission Minutes September 8, 2009 Mr. Santiago Lopez, 52-608 Avenida Diaz, La Quinta, CA, the architect, introduced himself and responded that it was a 69-foot addition to the existing bedroom. Commissioner Weber then asked if that was the third or second bedroom noted on the drawing. Mr. Bogren said that was the front bedroom. Commissioner Weber commented to the applicant that he had indicated that the roof hip curvatures were not really intended to be as depicted in the drawing provided to the Commission and asked if about half of that was correct. Mr. Bogren said the flying eave part (the part that flies up when you come to the eave) is not as dramatic as that. Commissioner Weber asked if he had the updated drawings available for the Commission. The architect, Mr. Lopez, responded he did not. Commissioner Weber asked Mr. Bogren if he had any conversations with the neighbors. Mr. Bogren said no and pointed out how many vacant properties there were in the area, as well as rentals, and said he had a total of two neighbors. Commissioner Weber said he spoke to some of the people in the area and apparently there were a lot of rentals. He then commented on who/what was in the area. Mr. Bogren said there was only one homeowner and they were across the street. Commissioner Barrows asked the applicant to explain what the arched ridge feature was. Mr. Bogren gave an explanation of what the arched ridge feature was. Chairman Alderson asked if Mr. Bogren, as the owner/builder, was going to put up a concrete tile roof on top of the existing roof. Mr. Bogren said he was putting ceramic tile. Chairman Alderson repeated the word "existing" and asked if there was any structural consideration because of the doubling of weight on the roof. Mr. Bogren said no because the ceramic they were using was a lightweight tile. 39 36`r Planning Commission Minutes September 8, 2009 Chairman Alderson said the applicant had some new front entry work in an oriental design and asked if that had all been permitted. Mr. Bogren replied yes. Chairman Alderson said because of the type of application, it was not noticed to the public or to the neighbors. Mr. Bogren said that was correct. Chairman Alderson asked if Mr. Bogren was going to raise the roof any inordinate amount that would affect anyone's view. Mr. Bogren said no. Chairman Alderson commented the applicant was doubling the size of the house. Chairman Alderson asked if there was any public comment. There being no public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Wilkinson said he would suggest this go to the Architecture and Landscaping Review Committee (ALRC) since he did not see this fitting into the neighborhood. It was not like anything else the Commission had ever approved and nobody around them knew what was going on. He said this could not be done in a new development and if it went to architectural review, then they could take a better look at it since they are more technically versed in this. Chairman Alderson asked if Commissioner Wilkinson was suggesting this be sent to the ALRC. Commissioner Wilkinson said that would be his suggestion, yes. The suggestion was "so noted" by Chairman Alderson. Commissioner Quill said he probably lived within sight of this house, but not within 500 feet. He commented, as a long-time resident, the Cove was eclectic by its very nature. Those that live there like all forms of architecture. He then gave a little background on some of the many different forms of architecture in the Cove such as 70's TO 365 Planning Commission Minutes September 8, 2009 style, Tuscan, Spanish Colonial, and others. He commented this was an upgrade to the neighborhood and he didn't have a problem with it, even though it was a little different and unique. Commissioner Barrows said she would concur with Commissioner Quill's comments because she has lived in the Cove for 20-plus years and part of the reason that she liked it was because of the diversity and the willingness of the community to tolerate some of that diversity. The guidelines and standards of the Cove, that staff provided the Commission, gave the determination to the Planning Commission. The project was described as a significant variation from the style, but the neighborhood Commissioner Barrows lives in contains French chateaus, southwest style homes, and 50's block houses. It has a lot of diversity and looks very interesting. She did not think the applicant's design was radical in terms of design and thought if fit nicely with the neighborhood. She did not see any reason why the Planning Commission could not make a decision about it and was willing to make the decision without sending it to the ALRC. Commissioner Weber said he was less radical and not convinced this design was appropriate for the neighborhood, as it was extremely divergent from the standards in the area. He respected those Commissioners that lived in the Cove, but the reason this came before the Planning Commission was that it was so radically different. He commented you could have a Fang Shui-style house without having the exterior look like this. He was also concerned that it had not been noticed to the neighbors and they did not have an opportunity to comment on it, whether they were absentee owners or not. He also had a concern that the architectural standards were not more compliant to a more homogenous design pattern for the area and was not in favor of it. Commissioner Quill interjected that homogenous was not what was wanted in the Cove. The Cove was not a tract. Commissioner Weber said maybe that was a bad word to use, but he did not see anything in the Cove that was similar to this design and questioned whether it was appropriate. 39 366 Planning Commission Minutes September 8, 2009 Chairman Alderson said he had seen the house and the neighbors and came prepared to take a negative look at it until the applicant said he was going to take the eaves down. If the eaves were taken down, the "radicalness" of the project would be reduced; then he would be inclined to agree with Commissioners Quill and Barrows that it would be less of a severe architectural change. He asked for the applicant's assurance that the eave angles would be made less severe, then he would be included to support the request. Commissioner Weber said that was one reason why he specifically asked whether drawings were available. He said it was entirely appropriate for the Planning Commission to ask for a copy of those drawings. He said he had a problem with the Commission being presented with an application and a design that was not what was being approved. He assumed that the architectural design was going to be reworked on this before construction and said it was entirely appropriate that it come back before the Planning Commission at that time to make the decision. Commissioner Wilkinson concurred with Commissioner Weber. He said if the design was going to change the Commissioners should have the opportunity to look at the design and to confirm the angle and pitch of what was going to be approved. Chairman Alderson asked if the applicant had his architect with him, which he did. Chairman Alderson addressed Mr. Lopez, the architect, saying you've seen and heard the dilemma that we're faced with. It's within our power to continue this and have you come back and bring revised architectural drawings showing this roof element altered per the testimony tonight; we can approve it as is, or we can disapprove it. City Attorney Jenson told the Commission they could conditionally approve it, just carrying out the representation that the angle is going to be reduced a certain amount. Chairman Alderson responded that Commissioner Weber would like to see that. Mr. Lopez said, at this time, you could see the elevations on the screen, but the total part of the corner was just one foot. 6 367 Planning Commission Minutes September 8, 2009 Chairman Alderson asked if the kick -up was one foot. Mr. Lopez said the fascia, the higher part, was one foot. Commissioner Wilkinson asked if the exhibits shown represented what the applicant was going to do. Mr. Lopez said that was what was represented. Commissioner Quill asked for confirmation that this was less than what was depicted in the example pictures but was, in fact, the correct scale of what was going to be built. Mr. Lopez said yes. Mr. Lopez said the photographs were just examples of what the applicant wanted. Commissioner Quill said he was prepared to approve it as submitted. He said the applicant was not suggesting that they want to change it; he was okay with it and ready to make a motion to approve it as submitted. Commissioner Weber said he heard something different than Commissioner Quill. What he heard was the photographs did not depict the correct dimensions. He also heard that the architectural submittal did not depict what was going to be built either. Also that the eave was going to be a foot on the outside and the architectural plans submitted did not correctly depict the scale. He asked if that was correct. Mr. Lopez said it was in scale and it was one foot at the corner. Commissioner Weber asked if the renderings provided to the Commission were going to be revised to reflect a foot on the corner, not what was currently being shown. Commissioner Quill said they currently reflect one foot and that was what was going to be built. He said typical fascia was six inches and this was basically six inches taller at the corners than the typical fascia. At the corner the fascia goes up with that curve to it twelve inches. Chairman Alderson said it was a six-inch kick -up. Commissioner Weber wanted to make a clarification and said he was looking at the rendering and did not think it was to scale. He saw a six-inch reveal on the fascia and the corner was more than double of what he was seeing. He said the drawings they had were not 39 363) Planning Commission Minutes September 8, 2009 correctly reflecting the actual dimensions and scale. He then pointed out the corner appeared to be more than six inches. There being no further discussion it was moved and seconded by Commissioners Quill/Barrows to approve Minute Motion 2009-007 allowing the architectural design as submitted understanding that the change at the corner of the eaves will not exceed 12-inches in height. AYES: Commissioners Barrows, Quill, and Chairman Alderson. NOES: Commissioners Weber, and Wilkinson. ABSENT: None. ABSTAIN: None. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None Vill. COMMISSIONER ITEMS: A. Report on City Council Meeting of August 4, 2009, from Commissioner Weber. He gave a brief rundown of items for that meeting and commented on the discussion of speed postings. Chairman Alderson was unable to attend the meeting of September 1, 2009; however Commissioner Wilkinson was in attendance and gave a brief rundown of the meeting. He commented on several items, including: 1. The fact that several dust control fences around the City were looking tattered and torn. He said one resident commented on actually taking down the fences. 2. Stan Ford (CV Parks & Recreation) gave a presentation of coming events in the City. 3. The date of the Joint Council Meeting; which is scheduled for October 27, 2009. (Staff commented they would confirm the starting time and advise the Commissioners at their next meeting.) B. Chairman Alderson noted Commissioner Wilkinson was scheduled to report on the City Council Meeting of September 15, 2009, but since he attended the September 1" meeting, Chairman Alderson offered to attend that meeting. •• 400 Planning Commission Minutes September 8, 2009 IX: DIRECTOR ITEMS: A. Housing Element Update Planning Director Johnson gave an update on the progress of the Housing Element update and said he hoped to have the matter before the Commission in October or November. B. General Plan Update Planning Director Johnson reported on where staff was with the General Plan Update. General discussion followed. X. ADJOURNMENT: There being no further business, it was moved and seconded by Chairman Alderson/Commissioner Wilkinson to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on September 22, 2009. This regular meeting was adjourned at 8:17 p.m, on September 8, 2009. Respectfully submitted, L'wwc�� Carolyn alker, Executive Secretary City of La Quinta, California 4 370 REPORTS/INFORMATIONAL ITEM: C�-/ MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA August 5, 2009 10:04 a.m. I. CALL TO ORDER IV V A. This regular meeting of the Architecture and Landscaping Review Committee was called to order at 10:04 a.m. by Planning Manager David Sawyer who led the Committee in the flag salute. B. C. Committee Members Present Committee Member Absent: Ray Rooker and David Thorns Jason Arnold Staff present: Planning Manager David Sawyer, Associate Planner Jay Wuu, and Secretary Monika Radeva. PUBLIC COMMENT: None CONFIRMATION OF THE AGENDA: Confirmed CONSENT CALENDAR: Staff asked if there were any changes to the Minutes of July 1, 2009. There being no comments or corrections it was moved and seconded by Committee Members Rooker/Thoms to approve the minutes as submitted. AYES: Committee Members Rooker and Thorns. NOES: None. ABSTAIN: None. ABSENT: Committee Member Arnold. BUSINESS ITEMS: A. Site Development Permit 2008-907 a request submitted by Pyramid Project Management, LLC. for consideration of Architectural and Landscaping Plans for the PGA West Golf Villas; a 54-Unit residential development consisting of single-family attached duplex units and community center located at PGA West; west side of PGA West Boulevard, south of Avenue 54. 4 311 Architecture and Landscaping Review Committee Minutes August 5, 2009 Associate Planner Jay Wuu presented the information contained in the staff report, a copy of which is on file in the Planning Department. Committee Member Thoms said he agreed with staff's recommendation to address the size of the proposed water feature for the project. He said he did not find it appropriate to introduce such a magnificent water feature at a time that called for conservation. He suggested that the applicant use a different type of architectural focal feature. Committee Member Thoms said he liked the fact that the proposed units had a common side yard wall. He noted there was sufficient space between the units to allow for greater deviation in the setbacks of the homes and he encouraged the applicant to do so in order to get away from having all of the homes in a row. Committee Member Thoms also recommended that the applicant be more creative with the driveway designs. He noted that he found the overall site plan to be very well -designed in terms of the streets, the entrances, the turnaround, etc. Committee Member Rooker said he agreed with Committee Member Thoms' comments regarding the property setbacks and the driveways. He found it as a nice diversification between the units. Committee Member Rooker said he was supportive of the proposed fountain and he did not find it to be out of scale in relation to the rest of the project. He mentioned he found the character and the design of the fountain to be inconsistent with that of the adjacent guest house. Committee Member Rooker noted he found the proposed parking spaces to be limited. As there wasn't room to put additional parking spaces, he recommended the applicant accentuate the connectivity between the clubhouse and the parking area to the north. Committee Member Rooker commented that the overall site had a total of 52 living units proposed and only one swimming pool. He suggested smaller swimming pools be introduced that were equally pedestrian -friendly to all of the living units. Committee Member Rooker noted that the proposed architectural design was very sophisticated, but he questioned its use in the desert area and at PGA West. He explained that the present 372 Architecture and Landscaping Review Committee Minutes August 5, 2009 architectural styles in the PGA West Community consist of Traditional Mediterranean with stucco build -outs, trims and wood, or a sophisticated horizontal contemporary style. He expressed his concern about introducing the proposed architectural style with the flat -top roofs which are normally associated with economical construction and building, as well as the material pallet, as he found them to be inappropriate for PGA West. He outlined a few of the major differences between the existing and the proposed styles in color and architecture. Committee Member Thorns noted he disagreed with the comments made by Committee Member Rooker regarding the proposed architectural style. He said he found the existing architectural styles at PGA West to be boring; as everything looked the same. He commented that the introduction of a different architectural style in that community would offer a welcome variety, especially considering that the project was not very big. Committee Member Thorns said he did not find it necessary to have additional pools as suggested by Committee Member Rooker. Committee Member Thoms explained that if additional pools were incorporated into the project, the cost for their maintenance would result in higher homeowner dues. He also reiterated his earlier comments regarding the proposed fountain. He strongly encouraged the applicant to try to introduce some variety in the setbacks of the homes. Planning Manager Sawyer asked if the applicant's representatives would like to respond to the any of the comments made by the Committee. Mr. Ken Hoeppner, Vice President for Pyramid Project Management, LLC., One Post Office Square, Suite # 300, Boston, MA, introduced himself. He said the proposed water feature could definitely be replaced with a different architectural feature. He noted the suggested changes regarding the setbacks and the driveways could be addressed and adjusted. He discussed the pros and cons of having one big pool versus many little pools in relation to cost, function, maintenance and use, and noted their research was supportive of the one big -size -pool concept. 4 373' Architecture and Landscaping Review Committee Minutes August 5, 2009 Mr. Hoeppner explained the reasons this architectural style was chosen was because the project's goal was to create a vibrant and active community and the applicant wanted to complement it by bringing in some personality, color and light with the architecture. Mr. Forrest Haag, Landscape Architect for Forrest K. Haag, ASLA, Inc., 1254 N. Coast Highway, Laguna Beach, CA, introduced himself and said he had been working on PGA West since its acquisition in the early 80's, late 70's. He gave a brief overview of the architectural background of PGA West and explained the intent of the architect and how it would tie in with the existing project. He mentioned a few possible issues that might arise with changing the setbacks on a few of the units, depending on the location. Mr. Hoeppner added that in order for the project to be competitive in the market place, the applicant had to keep in mind that cost associated with certain customizations, such as the variations in the setbacks, might outweigh the benefit of it. He elaborated that this was a duplex -type project and customization was not an established characteristic. Committee Member Thorns questioned Mr. Haag's comment regarding possible issues and/or inability to adjust the setbacks on certain lots. He explained his recommendation was to make the adjustments only a few feet because even a one -foot adjustment would make a difference. He noted he was pleased to hear that the applicant was willing to consider the use of a different type of focal feature in lieu of the proposed water fountain. Michael Olson, AIA, Principal for Z Design Group, 1877 Broadway, Boulder, CO, introduced himself and talked about some of the challenges involved in trying to create a project within an existing, and already established, architectural environment. He explained what the applicant's request was and how the design team hoped to achieve it. He elaborated on the numerous types of materials the team had considered, such as the use of stone to create a strong indoor/outdoor feel and how it grounded the clubhouse to the site and tied it in with the beautiful Santa Rosa Mountains, etc. He said the team had chosen a darker color palette for the materials used to better blend them in with the surrounding natural environment. He talked about the difference between the already existing and the proposed architectural styles. ,... 411 rJ 374 Architecture and Landscaping Review Committee Minutes August 5, 2009 Committee Member Thoms commented on the choice of darker colors as he thought they might be too dark and heavy in comparison to the rest of the project. He indicated that shifting the setbacks might help lighten the darker colors a bit through the movement of the homes as well as getting away from the monotonous feel of the tract homes. There being no further discussion, Committee Member Thoms moved to adopt Minute Motion 2009-007, recommending approval of Site Development Permit 2008-907, with the following recommendations: 1) Replace the proposed water fountain with a different type of architectural focal feature. 2) Adjust the property setbacks of the homes to create some movement. 3) Use a more creative design for the driveways. Planning Manager Sawyer noted the above motion did not pass due to the lack of a second. Committee Member Rooker moved to adopt Minute Motion 2009- 007, not recommending approval of Site Development Permit 2008- 907, due to architectural inconsistency of the proposed design with the existing project. Planning Manager Sawyer noted the above motion did not pass due to the lack of a second. There being no other motions, Planning Manager Sawyer said the project would be scheduled for the next regular Planning Commission Meeting. He noted the minutes from this meeting would be included and would reflect the discussions and concerns of the Committee for the Planning Commission's consideration. B. Site Development Permit 2009-911 a request submitted by Pyramid Project Management, LLC. for consideration of architectural and landscaping plans for the expansion of the PGA West Private Clubhouse located at PGA West; west Side of PGA West Boulevard, south of Avenue 54. 3lJ Architecture and Landscaping Review Committee Minutes August 5, 2009 Associate Planner Jay Wuu presented the information contained in the staff report, a copy of which is on file in the Planning Department. Committee Member Thoms said he liked the project, didn't have any concerns with the proposed parking, and that there were a lot of elevations on the site plan. The only comment he had was on the aisles in the parking lots. He found them to be too long and suggested reducing them a bit. Committee Member Rooker said he did not have any concerns regarding the parking or the proposed water feature; he found it to be appropriate and within scale for the project. Committee Member Rooker said he had major concerns regarding the entry way courtyard. He said he was disappointed with the fact that it no longer had a porte cochere entry way, which was a very elegant element, as well as providing much needed shade in the extreme desert heat. He referenced page F-2 from the site plan and noted it did not indicate any plants for the courtyard. Mr. Haag said what was envisioned was container planting as it would sit higher in relation to the cars and would provide more visual impact and would be less likely to get run over. Committee Member Rooker said the proposed architectural design was extremely complicated in comparison to the existing style which was extremely simple, and he did not find it complimentary. He addressed different architectural features on the proposed buildings and explained why they were inconsistent and not complimentary to the existing project. Michael Olson, AIA, Principal for Z Design Group, 1877 Broadway, Boulder, CO, introduced himself and explained the reasons that guided them in deciding on the design, materials and color palette. Mr. Ken Hoeppner, Vice President for Pyramid Project Management, LLC., One Post Office Square, Suite #300, Boston, MA, provided additional detail regarding the applicant's request and the approach the team took to fulfill that request. 316 Committee Member Thoms said he did not see a problem with introducing a different type of architectural style in PGA West. He strongly recommended the Landscape Architect keep the center area, which was addressed by the applicant as the courtyard, as simple as possible. He suggested the use of a large scale specimen with contours which could become a unique feature identified with the clubhouse. General discussion followed regarding different landscaping alternatives for the courtyard area. There being no further discussion, Committee Member Thorns moved to adopt Minute Motion 2009-007, recommending approval of Site Development Permit 2008-911, with the recommendation to simplify the courtyard landscaping. Planning Manager Sawyer noted the above motion did not pass due to the lack of a second. Committee Members Rooker moved to adopt Minute Motion 2009- 007, not recommending approval of Site Development Permit 2008- 911, due to architectural inconsistency of the proposed design with the existing project. Planning Manager Sawyer noted the above motion did not pass due to the lack of a second. There being no other motions, Planning Manager Sawyer said the project would be scheduled for the next regular Planning Commission Meeting. He noted the minutes from this meeting would be included and would reflect the discussions and concerns of the Committee for the Planning Commission's consideration. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: None. Vill. PLANNING STAFF ITEMS: None. 4:;3 377 Architecture and Landscaping Review Committee Minutes August 5, 2009 IX. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Rooker/Thoms to adjourn this meeting of the Architecture and Landscaping Review Committee to a Regular Meeting to be held on September 2, 2009. This meeting was adjourned at 1 1 :10 a.m. on August 5, 2009. Respectfully submitted, MONIKA RADEVA Secretary 37 Department Report: 1— �T 04 0 � f�WIN W F:. 2� F� OF TKE� TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager, Management Services DATE: October 20, 2009 SUBJECT: Department Report — Response to Public Comment The following public comments were made at the October 6, 2009 City Council meeting: 1. Maria Puente, 78-620 Forbes Circle, expressed concern of noise nuisance of drumming coming from a neighbor's property. She asked the City Council to intervene in this matter. Mayor Adolph inquired about the decibel levels allowed in residential areas. City Manager Genovese stated Code Compliance can and does enforce the Code relating to allowed decibels. Mayor Adolph requested Building & Safety Director Hartung meet with Mrs. Puente, and stated Council will receive a report from Code Enforcement. 2. Lucinda Robson, 53-600 Avenida Juarez, spoke regarding a neighbor parking their automobile on a side yard, which is a violation of the Municipal Code and an eyesore to the neighborhood. She provided the City Clerk with photos. Council Member Henderson stated the City also has recreational vehicle ordinances, and during the revision of the Municipal Code, recreational vehicles were permitted to be parked on gravel on the side yard. Mrs. Robson stated the neighbor is parking automobiles not recreational vehicles on their side yard. Mayor Adolph questioned if the Code specifically addresses this issue. City Manager Genovese stated staff can provide the pertinent code, and requested this matter be referred to staff and contact Ms. Robson. 41 1V 379 3. Karen Lundie, 53-485 Avenida Juarez, spoke regarding noise from parties and barking dogs at her neighbor's property at 53-525 Avenida Juarez. She had endured vandalism because of her complaints to the Police Department and Code Compliance and has received a misdemeanor against her. She requested the City Council's assistance in resolving this situation. Mayor Adolph stated the Assistant Chief of Police Huskey is looking into the matter of the misdemeanor. 4. Stan Ford, 45-305 Oasis Street, Desert Recreation District, made the following announcements: Glenn Miller has been hired as the Executive Director; the Pet Parade will be held October 24, 2009 at Old Town La Quinta; and a Desert Rock Concert will be held at the Palm Desert Civic Center on October 8 and 15 at 6:00 p.m. 411 380 Department Report: 3 pa�uwt�Q'c /; F 5 v ,r OF TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager — Management Services DATE: October 20, 2009 SUBJECT: Update on Green and Sustainable La Quinta Program This report provides a quarterly update to La Quinta "green" activities for the period July 2009 through September 2009. City-wide Green Publicity, Projects, Outreach and Activities The Certified Farmers Market kicked -off the new season on Sunday, September 27, 2009, at Old Town La Quinta. The Certified Farmers Market is a weekly "food - based" community event that features local farmers seasonal produce and fresh flowers. The City again provided free premium quality tote bags that are reusable, 100% recyclable, tear and water resistant, and feature logos of the City, Old Town La Quinta, and all of its green partners. The League of California Cities published an article in their City Manager's Department September newsletter regarding the City of La Quinta's Green and Sustainable programs. The article detailed the City's efforts in developing programs, training staff and reaching out to La Quinta residents to ensure reduction in water and energy consumption and greenhouse gas emissions. Coachella Valley Water District (CVWD), Imperial Irrigation District (IID) and City personnel met with Laguna De La Paz Homeowner Association (HOA) officers and residents to discuss water conservation, energy efficiency programs and incentives. HOA officers were interested in becoming energy efficient and water conservation conscious while concurrently saving money. 3�ii In order to increase interest and participation in water conservation, energy efficiency and recycling programs, similar "green" workshops and presentations will be made in the future to other HOA's and at other venues such as City Hall workshops and appearances at the Certified Farmers Market in Old Town La Quinta. City staff has created a "Green and Sustainable La Quinta" webpage on the City website. La Quinta residents have the opportunity to learn about how to reduce their carbon footprints by providing valuable energy and water conservation programs, rebate incentives and waste and recycling programs available to them. For more detailed information on Green and Sustainable La Quinta, please visit the City website at: http://www.la-guinta.org and select the "Residents" link. On October 24, 2009, the City in partnership with Burrtec Waste & Recycling Services will host a FREE Document Shred Day to the residents and businesses of La Quinta from 9:00 am to 12:00 noon at the Home Depot in La Quinta. Development Projects Vista Dunes Courtyard Homes The City has been awarded the Helen Putnam Award of Excellence in the Housing Programs and Innovations category from the League of California Cities. This distinguished honor is to recognize the successes of the Vista Dunes Courtyard Homes project. Wolff Waters Place Housing Project The Coachella Valley Housing Coalition (CVHC) — Wolff Waters Place Housing project located on Avenue 48 and Dune Palms Road is anticipated to be completed in mid -December 2009. The project will achieve LEED Certification and will include features that embrace a myriad of green building practices including: solar hot water for laundry building; transit friendly location including bus stop and shopping within walking distance; low water use landscape and irrigation; dual flush toilets; low flow water fixtures; energy efficient lights; energy star appliances; recycled building materials; low Volatile Organic Compounds paints; reduced construction waste stream; advanced indoor air handling systems; underground parking, high efficiency air conditioning units; and a tenant training program. "Green" Related Federal Stimulus Funding On August 28, 2009, the City was awarded $180,700 in Energy Efficiency and Conservation Block (EECBG) Formula Grant funding through the American Reinvestment and Recovery Act of 2009. The EECBG funding is formula based on population and energy usage. EECBG funding will fund two project activities:"Il 41� Energy Efficiency Retrofit Measures for municipal buildings and 2) Solar Photovoltaic System Study to describe possible energy savings and financial analysis of solar panel installation over the carport roofs of the Civic Center/City Hall, Library and Senior Center. The two EECBG project activities will support the City's existing Green and Sustainable La Quinta Program intended to reduce energy consumption and green house gas emissions. Updates of Utility Programs Partnership with Coachella Valley Water District (CVWD) CVWD has two full-time teachers on staff who visit schools across the valley talking about water safety, water science and water conservation. Last week they gave a presentation on water conservation and wastewater recycling to 10 seventh -grade classes at Colonel Mitchell Paige Middle School in La Quinta. The City and the CVWD established a Water Waste Helpline (1-888-398-5008) which is intended to allow individuals to report violations contributing to water waste. City and CVWD personnel have been trained to ensure calls are responded to in an efficient manner. The phone number for the helpline is also available on the City's after-hours phone directory. As calls are received at CVWD, CVWD staff members are dispatched to the location for follow-up. For after-hours calls and on weekends, calls are responded to the following day or Monday. Since implementation, there have been 65 total calls related to broken sprinkler heads, flow off landscape, missing spray heads, spray head alignment, standing water and other waste water violations. The City Municipal Code currently has a provision which prohibits allowing water, including irrigation water, from flowing onto a right of way (street). This provision, when combined with the CVWD/City Water Waste Helpline Program will help in reducing water waste. The City and CVWD cooperative Landscape Water Conservation Program continues to provide La Quinta Residents with incentives to replace their turf with drought tolerant landscape. From January through September 2009, there have been 88 landscape conversion applications received and 37 homes have completed the program. The City has sent out 20 additional rebate checks to residents who have completed the City of La Quinta and CVWD Water Management Landscape Program. To date, the City and CVWD have issued 41 rebate checks to residents for completing the program, which began in August 2008. For the calendar year of 2009, 109 Weather Based Irrigation Controllers (WBIC) have been installed in City of La Quinta homes. In addition, the City is in the process of having Smart Controllers installed on all of the RDA -owned Cove homes. So far, 18 of 27 Smart Controllers have been installed. 383 Partnership with Imperial Irrigation District (IID) On July 14, 2009, City staff met with representatives from IID for their City/IID Energy Partnership meeting. Progress is being made with IID's individual home energy audits to assist residents in reducing their energy usage. Reports to date have shown a marked decrease in kilowatt hours used after audits were conducted. The City and IID will continue to offer City residents workshops throughout the year to provide information on rebates and educate residents on how to conserve energy in their homes. IID will be applying for State Energy Program grant funding through the California Energy Commission to be used for low-cost loans via an AB 811 program, and the City will support their application. IID and the City are currently working together toward the possibility of providing low-cost loans to residents for replacing air conditioning units and pool pumps with the more updated energy -efficient models. On September 8, 2009, City staff met with representatives from IID for their City/IID Energy Partnership meeting. Highlights of the meeting included: ➢ IID provided final draft Energy Programs Brochure for distribution at City Hall, posting on the City's website, and Energy Consumption Baseline Reports to provide valuable baseline statistics. ➢ IID provided an update on the State Energy Program that could provide grant funding for a City/IID Partnership AB 811 program to be administered by IID. AB 811 programs offer sustainable energy project loans to eligible property owners where property owners can finance energy efficiency improvements through a voluntary assessment on their individual property tax bills. ➢ Discussed presenting Demand Side Management Workshops designed to target low-income residents and provide them with valuable incentives and programs available to them. ➢ Planned next future "green" event to be held at Farmer's Market with the City and all of its green partners participating. ➢ Discussed Power Purchase Agreements for solar panel installations above City Hall parking carports. IID will research updated costs and changes in the solar industry and provide an update to City staff. IID Home Energy Audits continue to be a great way to assist La Quinta residents save on home energy costs providing no -cost and low-cost energy efficiency recommendations to homeowners. From July through September 2009, there were 47 audits conducted with a total Kwh reduction of 8,215 over the three- month period compared to last year representing a significant reduction. IID. 41 384 personnel also gave away 188 Compact Fluorescent Lights (CFL) to help those homeowners get started. In addition, IID offers an Energy Star Rebate program. Since January 2009, 326 rebates totaling $117,420 have been issued to La Quinta residents, saving more than 400,000 kilowatt hours annually. Waste and Recycling Staff continues to meet and work with Burrtec and Hilton, Farnkopf & Hobson (HF&H) Consulting with regard to waste and recycling management services. Burrtec and HF&H have been cooperative and valuable partners in providing City staff with waste management data and providing quality customer service. La Quinta residents can drop-off certain household hazardous waste for recycling from 9:00 a.m. to 1:00 p.m. Saturdays at the Burrtec facility located at 41-800 Corporate Way in Palm Desert. Household hazardous waste that will be accepted at this facility includes: used oil and filters, batteries, florescent or mercury light tubes and E-waste: old computers, monitors, printers and more. On _September 14, 2009, City staff met with representatives from Burrtec and HF&H to discuss the potential for developing a household hazardous waste program. Other topics included discussion about current waste and recycling legislation and how the City can help promote free commercial recycling, which Burrtec is required to provide as part of the City's franchise agreement. Staff also recently toured the Costco in La Quinta, which has coordinated a food waste program with Burrtec. This program has been a success and is providing significant waste disposal savings while also diverting food waste from the landfills. Burrtec personnel continue to reach out to La Quinta businesses informing them of the free commercial recycling program. The Sharp's Program allows La Quinta residents to properly dispose of used needles and syringes thereby protecting themselves, their families and the community. The program is completely confidential and is FREE to La Quinta residents. From July to September 2009, over 550 "sharps" were received from La Quinta residents for proper disposal. Burrtec personnel continue to meet with individuals of businesses, homeowners associations, schools, builders, apartments and shopping centers providing them with valuable waste and recycling information, recycle totes/bins and presentations. The J Paul Building on Corporate Centre Way, which includes the La Quinta Police Commercial Center, was recently set-up for FREE commercial recycling and Burrtec personnel to follow-up with them to answer questions they may have about the program. 410 38 In addition, Construction and Demolition recycling/diversion efforts experience continued success. Specifically, the Wolff Waters Place Housing Project, located on Avenue 48 and Dune Palms Road, has recycled/diverted over 2,900 pounds of debris for a recycling percentage of 91 .4% and saved the contractor approximately $132,500 in disposal costs. Educational Programs and Seminars Attended by City. Staff On August 4, 2009, staff attended the 33rd Annual California Resource Recovery Association Conference and Tradeshow. Some of the workshops included: Food Recovery -Zero Waste and State-wide Mandatory Commercial Recycling under AB 32. Participants discussed opportunities to reduce the amount of food scraps going to the landfill, and stakeholder interests that will be considered by the California Integrated Waste Management Board during the rule -making process for mandatory commercial recycling to gain broader support for the final product of the process. Conference attendees also participated in tours, one of which included a visit to LEED-Certified projects in the Coachella Valley. Vista Dunes was one of the stops on the tour where participants learned about the planning, design and operation for ,____the project. They also heard, a resident's first-hand account on the financial benefits of living in the nation's largest LEED Platinum multi -family housing project. The resident has paid Imperial Irrigation District a grand total of $3 since March 2009. Vista Dunes currently has a waiting list of 200 families. The estimated wait time is approximately one year. On September 2, 2009, staff attended the "Water Management for Landscape Professionals Seminar" at the University of California -Riverside, Palm Desert Campus. Topics included: ➢ How to efficiently irrigate desert landscapes ➢ Irrigation controllers ➢ Brief summary of tiered rates ➢ Soils types within the Coachella Valley ➢ Irrigation scheduling ➢ Pressure regulation ➢ Drip irrigation of low water -using plants Conclusion The City has been very pro -active in developing programs, training staff and reaching out to La Quinta residents to ensure reduction in water and energy consumption and greenhouse gas emissions. Staff will continue to make significant efforts to meet the City Council's expectations to protect .,the 4 1 environment and maintain a "Green and Sustainable La Quinta." 386 OCTOBER 20 OCTOBER 27 NOVEMBER 3 NOVEMBER 5 NOVEMBER 11 NOVEMBER 19 NOVEMBER 17 DECEMBER 1 DECEMBER 4 DECEMBER 5 DEPARTMENT REPORT: CITY COUNCILS UPCOMING EVENTS CITY COUNCIL MEETING JOINT CITY COUNCIUCOMMISSION MEETING CITY COUNCIL MEETING POLICE/FIREFIGHTER VOLUNTEERS DINNER EwAl VETERAN'S TRIBUTE AT CIVIC CENTER CAMPUS THANKSGIVING LUNCHEON AT SENIOR CENTER CITY COUNCIL MEETING CITY COUNCIL MEETING CHRISTMAS TREE LIGHTING CEREMONY AT OLD TOWN EMPLOYEE RECOGNITION DINNER 41� DECEMBER 10 HOLIDAY OPEN HOUSE 41 LA QUINTA CITY COUNCIL MONTHLY CALENDAR October 2009 1 2 3 rNovember 1' F S S M T WT F S 3 4 5 1 2 3 4 5 6 7 10 11 12 8 9 10 11 12 13 14 17 18 19 15 16 17 18 19 20 21 4 25 26 22 23 24 25 26 27 28 L29 30 12:00 PM Mayor's lunch 4 5 6 7 8 9 10 3:00 PM City Council Meeting 10:00 AM ALRC 11:00 AM CVCC-Sniff 12:00 PM Energy) Environs Sniff 11 12 13 14 15 16 17 10:00 AM Pub. Sity Henderson 12:00 PM Transp Henderson 7:00 PM Planning Commission 9:00 AM RICK Henderson 4:00 PM Investment Advisory Board 3:00 PM Historic Preser vation Commission 9:00 AM CVA Evans 5:30 PM Community Services Commission 6:00 PM League - Henderson 18 19 20 21 22 23 24 3:00 PM City Council Meeting 10:00 AM Homelessness Cmte. Franklin 9:00 AM LAFCO- Henderson 12:00 PM HCRC.Franklin 4:00 PM J.Cochran AirportFranklin 25 26 27 28 29 30 31 10:30 AM RCTC Budget Henderson 5:00 PM Joint City CouncillCammission 12:00 PM Sunline Adolph 6:00 PM Exec Cmte.- Meeting Adolph 7:00 PM Planning Commission Printed by Calendar Creator Plus on 10/12/2009 4 19 419 LA QUINTA CITY COUNCIL MONTHLY CALENDAR November 2009 .. ... .. .. .. .. .. .. 2 3 4 5 1 6 7 3:00 PM City Council 10:00 AM ALRC 6:00 PM PolicelFire. Meeting fighter Volunteers ® Dinner Election Day 8 9 �7:000 11 12 13 14 10:00 AM Pub. Sfty- PM Planning 9:30 AM Animal Campus Henderson Commission IL Franklin 12:00 PM Transp. 11:00 AM CVCC-Sniff Henderson 3:00 PM Mtns. Veterans Day CITY HALL CLOSED 12:00 PM Energy/ gV / Environs Sniff ConsversancyFranklin 5:30 PM Community Services Commission 6:00 PM League. Henderson 15 16 17 18 19 20 21 3:00 PM City Council 10:00 AM Namelessness 3:00 PM Historic Preser- 9:00 AM CVA-Evans Meeting Cmie: Franklin vation Commission 12:00 PM HCRC Franklin 22 23 �24 25 26 27 28 10:30 AM RCTC Budget Henderson PM Planning Commission 12:00 PM Sunline Adolph Thanksgiving Day Thanksgiving Holiday (City Hall CLOSED) (City Hall CLOSED) "Adolph xec Core, October December S M_ T_ W T F S S M T W T F S 1 2 3 1 2 3 4 5 4 5 6 7 8 910 6 7 8 9 10 11 12 11 12 13 14 15 16 17 13 14 15 16 I7 18 19 18 19 20 21 22 23 24 20 21 22 23 24 25 26 25 26 27 28 29 30 31 27 28 29 30 31 Printed by Calendar Creator Plus on 10/12/2009 04.2. 0 LA QUINTA CITY COUNCIL MONTHLY CALENDAR December 2009 1 2 3 4 5 09 3:00 PM City Council Y 10:00 AM ALRC 12:00 PM Mayor's Lunch Y 6:30 PM Employee T F S Meeting Recognition Dinner 5 6 7 12 13 14 L224 9 20 21 6 27 28 6 7 8 9 10 11 12 7:00 PM Planning 9:00 AM RCTC- 11:00 AM CVCC-Sniff Commission Henderson 11:30 AM Holiday Open 4:00 PM Investment House Advisory Board 12:00 PM Energy) Environs Sniff 13 14 15 16 17 18 19 1 D:00 AM Pub. SitV 3:00 PM City Council 10:00 AM Homelessness 3:00 PM Historic Preser- 9:00 AM CVA-Evans Henderson Meeting Cents. Franklin vation Commission 12:00 PM Transp 12:00 PM HCRC Franklin Henderson 5:30 PM Community Services Commission 6:00 PM League Henderson 20 21 22 23 24 25 26 7:00 PM Planning Commission 12:00 PM Sunline-Adolph Christmas Eve (CITY Christmas Day - CITY HALL CLOSED 112 DAY) HALL CLOSED 27 28 29 30 31 10:30 AM RCTC Budget - Henderson 6:00 PM Exec Cmte.- pp y January 10 S M T W T F S Adolph New years Eve (CITY 1 2 3 4 5 5 7 8 9 HALL CLOSED 112 DAY) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 -1 Printed by Calendar Creator Plus on 10/12/2009 421 DEPARTMENT REPORT: C&t!t 4 4 a" TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety---rd, DATE: October 20, 2009 RE: Department Report — September, 2009 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of September. The statistical summaries depict the following highlights: • Year-to-date building permit valuation is $34,526,571 which represents an issuance of 130 building permits in September; • Animal Control handled 384 cases in September; • Code Compliance initiated 246 cases in September; • Garage sale permits generated $1200 revenue in September. 421 C O v n 00 , In ! N _._._. V O' N O N T, -------- M. V' Nia. -----.. N: �' O' _..-- m M 01 �y !n N; N M, N' O 01 t0' co C7; M; O M N . , ^ to 00 O In .-i .--i N 00 O . 00 co A 10 — V N c0 a 01 r CO .-� M 00 N O M i O O vl . ti 0 ti t0 N N ti CT N : .-i +iIt 01 t0 00 n O 'V In O N O H _ VA V to N M M 01 01: cT O to N in O F ! p1 y YI LL .ti N to Ifl In Vl to-, "t - _4 .-I Ol N O V tD ! M V N . -: " . 4 0 to .-: N a v (A C O M O CD.-i O 01 N M M M V 1.0 M 00 N n ,M M 00 O 0) O L tD N, M r, ti V- !n, Mi .-+ N N. .+ (n m N 1 01 . O .-I O V V) V O. 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C O h H mQ0N300 FO- Oo zo c 0O %a Z U Rl Z _ > F 4;,� w O N D) O � (D 00 M I� m0] m a0 I� n W N O 00 N N N M O O � H f0 } N O z U o coN N M D) 0)r M K O (O N O 0 0 � � N N M � Q M ((D O) O N r N �- Of C4 N N M M LO CO N 0 0 O C1 In CO N N N M O r r N N M N M M M j N co O N N N N M M M M N O N O (O M M r N M w to N N N N (D N N N co O M N O M O N 7 00 O N (O d M O O O N Q N N M M M T ca M W N O LO O l0 1� O O r M M M M M M C N (O O M O) N N O W M 1� 0) (O M (O 0 .- O 1-- O O M V M OI 'mO .- O N O N M N M e LL N O N (O m co co 5 co O1 O M M 7 c0 I� C N O N N O 0 N 00 U Y) O w LU g H VJ W m Z Z C m F 2 O w 0 •O N �• w a'NZ fAw w w:� > z > m Vl W �O �-a 5 w LU d? z a W m '0 In m a v-j w a(� z O w E 0 w a w U m m mU)Ua � z wr � v, N J U w QKo N CL N G w a> a U) N a wJ U E E 4° rm�z ¢0 a nU O N �U O� UnU J O 6 U z nm 0 p w V1 J z 0q z > �=�a 426 DEPARTMENT REPORT: �4 44Q9&& OF`k OF'[KF'O TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Director* DATE: October 20, 2009 SUBJECT: Community Services Department Report for September 2009 Upcoming events of the Community Services Department for November 2009: November 2 *Morning Workout *Mat Pilates *Financial Workshop (FREE Class) *Intermediate Ukulele Jazzercise, Senior Center Tai Chi Qi Gong, Fitness Center Tae Kwon Do, Senior Center Intermediate Computers, Senior Center Holiday Planning, Museum November 3 *Beginning Tai Chi *Yoga for Health *Swing/Latin Fusion *Beginning Conversational Spanish *Beginning E-Mail *Using Outlook Relaxing Movements, Library November 4 *Conquering MS Excel Horsemanship Classes, Aiken Ranch Ballet/Tap, La Quinta High School MS Excel, Senior Center Photoshop Pro, Senior Center November 5 *Quilters for Good Times (FREE Class) *Creative Photography Zumba, Senior Center *Beginning Ukulele November 6 *Woodcarvers (FREE Class) November 7 6-on-6 Adult Sand Volleyball Tournament, Adams Park Horsemanship Classes, Aiken Ranch 41 November 9 *Hooked on Loops Photoshop Pro, Senior Center November 10 Free Lecture Series, Golf Fitness, Museum November 12 *Watercolor Beginning Belly Dance, La Quinta High School November 11 Veterans Tribute, Civic Center Campus November 13 *Karaoke (FREE Class) *Dinner & Show November 17 Body Sculpting, Senior Center November 18 *History of American Independence Discussion (FREE Class) *Sketching & Drawing November 19 *Thanksgiving Luncheon Dance, Play & Pretend, La Quinta High School Beginning Ballet, La Quinta High School November 22 1" Annual Turkey Shoot Disc Golf Tournament, CC Campus November 23 *Knitting Tap/Jazz, La Quinta High School Ballet/Jazz, La Quinta High School November 28 English Riding Lessons, Aiken Ranch *Senior Center class or activity 428 Community Services Department Attendance Report for the Month of September 2009 Summary Sheet Program 2009 2008 Variance Sessions Per Month 2009 2008 Leisure Classes 159 145 14 113 77 Special Events 30 114 -84 1 3 Sports/Fitness Center 1006 963 43 49 44 Senior Center 839 902 -63 83 81 Total 2,034 2,124 -90 246 205 Senior Services Senior Center 371 338 33 36 20 Total 371 338 33 36 20 Sports User Groups La Quinta Park Use AYSO 1500 1300 200 7 6 C.V. Soccer Club 100 0 100 5 0 Desert Boot Camp 50 40 101 1 10 Sports Complex LQ Sports & Youth 160 120 40 181 20 Col. Paige School AYSO 270 250 20 1 3 Facility/Park Rentals Senior Center Private Part 0 300 -300 0 2 Churches-2 600 300 300 8 4 Museum Meeting Room 120 60 60 71 1 Libra Classroom 520 400 120 13 10 Civic Center Campus Private Part 50 150 -100 1 3 Park Rentals La Quinta Park 150 50 100 3 1 Fritz Burns Park * 250 250 0 2 2 Total 3,770 3,220 550 76 62 Total Programs 6,175 5,682 493 358 287 Vnhmhowr Hnurs Senior Center 1 3331 1521 181 Total Volunteer Hours 1 3331 1521 181 Includes La Quinta Boys & Girls Club's National Kids Day Out event on September 12. Community Services Program Report for September 2009 2009 2nn8 2009 2008 Participants Participants Variance Meetin s Meetings Leisure Classes Tennis 3 0 3 2 0 Beginning Art 3 0 3 3 0 Tai Chi Qi Gong 8 0 8 9 0 Zumba 21 26 -5 9 13 Relaxing Movements 13 0 13 5 0 Belly Dancing 7 11 -4 2 3 Ballet/Jazz 6 6 0 6 4 Ballet/Tap 8 7 1 8 4 Computers - Beg. 6 9 -3 3 3 Microsoft Word 4 5 1 3 2 Photoshop Pro 5 3 2 4 4 Guitar - Beg. 12 15 -3 4 2 Conversational Spanish 81 0 8 4 0 Italian For Everyone 10 0 10 3 0 Tee Kwon Do 4 9 -5 131 12 5 Keys 2 Weight Loss 7 0 7 1 0 Dance, Play, & Pretend 3 8 -5 3 4 English Riding Lessons 7 0 7 6 0 Horsemanship Classes 3 0 3 4 0 Body Sculpting 8 0 8 9 0 Jazzercise i 131 25 -12 12 17 Totals 159 124 35 113 68 2009 2008 2009 2008 Participants I Participants I Variance I Meetings 1 Meetings Special Events Back To School Pool Party 30 0 30 1 0 Totals 301 01 0 2009 2008 2009 2008 Participants Participants Variance Meetings Meetings Sports & Fitness Center Open Gym Basketball 147 176 -29 18 18 Open Gym Volleyball 55 0 55 4 0 Fitness Center 764 787 -23 26 26 Junior Basketball Clinic 40 0 40 1 0 Totals 1006 963 43 49 44 lCommunity Services Totals 1,1951 1,0871 1081 163 112 430 Monthly Revenue Report for September 2009 Monthly Revenue - Facility Rentals 2009 2008 Variance Library $ 50.00 1 $ 350.00 $ 300.00 Museum $ 175.00 $ 100.00 $ 75.00 Senior Center $ 2,700.00 $ 2,705.00 $ 5.00 Parks $ 780.00 $ 1,100.00 $ 320.00 Sports Fields * $ 579.00 $ 1,104.00 $ 525.00 Monthly Facility Revenue $ 4,284.00 $ 5,359.00 $ 1,075.00 Monthly Revenue Senior Center ** $ 4,826.50 $ 8,829.00 $ 4,002.50 Community Services *** $ 7,452.00 $ 9,119.00 $ 1,667.00 La Quinta Resident Cards $ 1,950.00 $ 1,215.00 $ 735.00 Fitness Cards $ 600.00 $ 620.00 $ 20.00 Total Revenue $ 14,828.50 $ 19,783.00 $ 4,954.50 Revenue Year to Date Facility Revenue $ 11,156.50 $ 9,404.50 $ 1,752.00 Senior Center $ 22,671.00 $ 11,763.50 $ 10,907.50 Community Services $ 17,249.00 $ 20,941.00 $ 3,692.00 La Quinta Resident Cards $ 4,695.00 $ 2,865.00 $ 1,830.00 Fitness Cards $ 1,870.00 $ 2,200.00 $ 330.00 Total Revenue to Date $ 57,641.50 $ 47,174.00 $ 10,467.50 * No baseball travel team field rentals. ** Class participants pre -registered for classes in August. *** City offered three excursions (Padres, Terra Cotta Warriors, and Georgia O'Keeffe) -,.... 431 Senior Center Attendance Senior Center Program Report for September 2009 Participation Participation Variance Meetings Meetings 2009 2008 2009 2008 Senior Activities ACBL Bride - 213 166 47 5 4 Bridge, Social/Pa 285 351 -66 13 16 Evening Dance 20 37 -17 1 1 MonthlyBirthdayPa 38 35 3 1 1 Monthly Luncheon Fiesta) 91 100 -91 1 1 Movie Time 58 46 12 4 4 Senior Activity Total 705 735 -30 25 27 Senior Leisure Classes Arts & Crafts 11 3 8 1 1 Bridge Classes 9 0 9 3 0 Computer Classes 3 0 3 3 0 Dance Workshop 7 0 7 1 0 Exercise 28 20 8 12 12 Golden Tones 14 32 -18 4 3 Hawaiian Hula 3 0 3 1 0 Mature Driver 13 0 13 1 0 Quilters 13 11 2 4 3 Swing/Latin Fusion 8 0 8 4 0 Tai Chi* 5 18 -131 4 13 Ukulele Players 13 23 -10 16 9 Yoga for Health 7 10 -3 4 4 Senior Leisure Classes Total 134 117 17 58 45 TOTAL SENIOR PROGRAMS 839 852 -13 83 72 Senior Services CAP Cool Center Program 58 30 281 20 10 Financial Consultation 2 0 21 1 0 FIND 179 175 4 5 5 Geriatric Consultation 1 0 1 1 0 HICAP 7 9 -2 3 3 Legal Consultation 6 7 -1 1 1 Notary 1 6 -5 1 2 FREE Seminars/Presentations/Screenings (4)* 52 33 19 4 4 Volunteers 65 22 43 n/a n/a TOTAL SENIOR SERVICES 371 282 89 36 25 SENIOR CENTER TOTAL 12101 1134 76 119 97 *Included: Hearing Screenings, Bone Density Screenings, Skin Cancer Screenings, & LIHEAP LIHEAP: Low Income Home Energy Assistance *Tai Chi - In 2008, offered 2 classes by 2 different instructors; in 2009, 1 instructor only. 43" Parks Activities Updates For September 2009 Staff has been working to repair the ozone generating system for the lake at the Civic Center Campus. The ozone system produces ozone gas that is pumped into the lake and maintains the water clarity without the use of chemicals. Unfortunately, the system has become older and we are experiencing more frequent break downs. The company that has been maintaining the ozone system for many years has not been responsive to recent requests for repairs and therefore the condition of the water has deteriorated in appearance. System components are currently being replaced and once operational, staff intends to negotiate a service contract to provide continual maintenance and operation of the equipment. Due to the uniqueness of ozone systems, there are a limited number of businesses that are qualified to work on this system. The parks landscape contractor installed new drainage and landscape improvements at the entrance to the Senior Center. Similar landscape improvements were done earlier this year to the front (south side) of the Senior Center. The parks landscape contractor has started the over -seeding of the Civic Center Campus. The Campus is being over -seeded first due to events that are scheduled for November. The remaining City parks will be completed during the first two weeks in October. The landscape contractor is following the CVAG recommended over -seeding program. 43 Department Report: _—__L f�sMN W c% � - E �OF rt� TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Direct 71) DATE: October 20, 2009 SUBJECT: Department Report for the Month of September 2009 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of September. 434 P:\Monthly Report Folder\2009_Planning_Monthly Reports\9_SEP 2009_PL Mo Rpt.doc 1 U7 N N< -I �-i N 0 W N-V v r O T m p C) O O O _ CD CD CD '* "O ri to N Ort CD 7 < 3o CD 0' 7 m ° CD 7 a 3' (D (n N N O 0 0- 3 m o o r ,' 0 m n, < CC n (D 0 o rt rt 3: CD CD D' _ C D r D 0 'o o• N CD CD o v B CD 0) CD 3 aT. o v su CD 3 CD D o v CO fD iCD "O (n Q 7 O 7 CD -0 C CD CD 7 3 (n CD o rt °-' O D CD CD°" n < y 3 h D D co m 3 3 (D mCD ;, � 3 3 y '° O � CD n (D m o C- CD CL v, d a (fl m -n CD CD, m 3 y o n 3 °' N 3 3. 0 N 3 (D C, 3 CD N N (n rt N 7 Z Vl ti 'O N N m CD m 0 m O z N D Z -a NOOOMOOOONf7DOO--O-0oow O N N N N N N N W N N c N -O t- c C C C C C c C c c C C c C C C C C C c C C c C G c C C (p D Z Q 6 CS Q tT 6 Q Q CS CS CS 6 CS 6 CS 6 tT a- CS Q' z m 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 o ci rt rt rt rt rt rt '1 rt rt rt rt rt rt rt rt rt rt rt rt rt rt 3CD x n o m (D m m m (D m m m m m m m m (D m m CD m a a a si n o_ Ci a a a a a a a a a o. a s on n D n c 0 N (n m U) n C m 03 O Z m X v r U) u Z m D z i � Z m O m m O m Z m � D N m > O m O m -�I Z 4311 NN<�-- nWW We :nTmOO> 00 0 0— m CD -0 w �p C C 9' m 0 —I 7 7 ET 7 7 C 000 n C 0 < < C n s > CD COC .. .. d C O CD — �' o C n r, r- cc C-) CD m C C y r 0) �p - 0 CD 0 z o m N m m m n m °+', — a 3 3 m cD C to (D "0 O) �7 N 7 "O y 7 7 N - C D) �m D n N D�'Dn _ m CD � CD 0m n O as m v -0 ca -p .a n m m 0 m D y m CD 0 cn 3 3 0 r m 3 w cD N 3 CD n m M p L FD C m y ti m DT cn N z m J D O O z 0 cn cn D D O O O J O J J4� 0 0 0 o J o m J �� M f/1 N N V1 y U! N N N f/1 Vl N tll N N 0 C C C C C C C C C C C C C C C C Q CT a' 0' am Q Q O' O' 6' O' Q O" O' a' O< 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 m m m m m C C m C C C C cD C C C CD C po nnnnaao_o_nnnnnnnn O m cn 0 v O z rn N O cn O � w C J N O 0 w O m m m co m w 0 N 0 0 (D 4 3 G DEPARTMENT REPORT: _? MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: October 20, 2009 SUBJECT: Public Works Department Report for September 2009 Attached please find the following: 1 . Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks; (---Timothy R. Jo asson Public Works Director/City Engineer Y 41 .` r 0 o N o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 0 O W J 6 OI"N U`,= o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Oro N W Qw G U W N u1 :' Z N m 0 Q 00 N W0 p' W 0!(9 C"K , Z,a ¢ W W �u Z p" U;. a. 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' Y'NY�NC� HU+Y'(C7YmY°mN '�"LfUY7m'YNUO+C�'- L♦f-dmN°+ O(N� .LY�«_�NanNN+ )C • O=C�w'--�QUU�C' .i J N�2�LO>m) O=m�aQOMO�Oo3_HTa'wCrINN �• O•QtMO�LFmfp.".Y-HOLoICN�O- .yaU.nj�+mErnY�L7 Y a3cOmNUYiOOm`-C7 m�CmICLo MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: SEPTEMBER, 2009 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activity 5 Men 4 Men 3 Men 1 Man Total 1000 Policing/Inspection 56 142 39 8 245 1001 Pot Hole -Repair/Patching 14 1 0 2 17 1002 Crack/Joint-Repair 51 0 0 0 51 1003 Pavement Marking/Legends 0 0 0 0 0 1004 Pavement Marking/Striping 01 0 01 0 0 1005 Curb Painting 0 0 01 0 0 1006 Other Traffic Controls 0 29 01 0 29 1007 Curb & Gutter Repair/Const. 0 0 01 0 0 1008 Other Concrete Repairs/Const. 0 0 0 0 0 1009 Street Sign Install (New) 0 4 0 0 4 1010 Street Sign Repair/Maint 29 16 0 6 51 1011 Debris Removal 14 56 0 1 71 1012 Right of Way Maint. 5 90 91 0 186 1021 CLEAN Catch Basin Inlet/Outlet 0 0 0 0 0 1022 Rondo Channel Outlet/Vault 2 0 0 0 2 1022A Desert Club Outlet/Vault 1 0 0 0 1 1023 S.D,/ D.W./C.B. Repair/Maint. 0 18 0 5 23 1024 Gutter/Median Sand Removal 0 0 0 0 0 1025 Street Sweeping (Machine) 196 0 0 0 196 1026 Street Sweeping (Hand) 0 0 0 0 0 1027 Sidewalk/Bike Path Cleaning 0 0 0 3 3 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 0 0 0 0 1031 Parks/Retention Basins Inspection/Clean-ul 0 0 64 0 64 1041 Irrig/ Weeding, Shrubs & Tree Trimming 81 52 153 5 291 1051 Landscape/Irrigation Contract Management 0 0 30 16 46 1052 Lighting/Electrical Contract Management 0 0 30 15 45 1061 Small Tools Repair/Maint. 0 0 0 0 0 1062 Equipment Repair/Maint. 6 14 0 01 20 1063 Vehicle Repair Maint. 22 15 6 0 43 1081 Trash/Litter/Recycable Removal 0 2 5 0 7 1082 Vandalism Repairs 0 2 0 0 2 1083 Graffiti Removal 151 86 21 16 274 1084 Maint. Yard Building Maint. 6 331 4 0 43 1085 Seminars/Training 3 11 3 12 19 1086 Special Events 0 0 4 0 4 1087 Citizen Complaints/Requests 141 13 7 0 161 1088 Meeting 8 51 19 27 105 1089 Office (Phone, paper work, reports, Misc.) 46 39 12 65 162 SUBTOTAL 832 664 488 181 2165 1091 Over Time 18 191 0 0 37 1094 Jury Duty( 0 64 8 0 72 1095 Sick Leave 56 16 0 11 83 1096 Vacation 72 24 72 0 168 1097 Holiday 40 32 32 8 112 1098 Floating Holiday 0 0 0 0 0 1099 Worker Comp/ Bereavement 01 0 01 0 0 SUBTOTAL 1861 1551 1121 19 472 TOTAL HOURS 10001 8001 600 20) 2600 TOTAL MILES 46351 45141 2834 182 12165 444 Department Report: u LA LINTA PiLICE Served by the Riverside County Sheriffs DeparUnerrt Police Department Monthly Report September 2009 Prepared for r 4 La Quinta Police Department • SIGNIFICANT ACTIVITY REPORT Captain Rodney Vigue Chief of Police (Number in parenthesis denotes number of calls for service that day.) 09/O1 Tuesday (95) 0225 hours — Deputy Davis conducted a traffic stop at Miles Avenue and Dune Palms. Bruce Verduzco was arrested for DUI. 1330 - Deputy Smith was called to the La Quinta Middle School by security reference suspicious circumstances. A female student was contacted by an adult male who called out to her through the open driver's window of his vehicle. He questioned the student and then drove off. It was determined that no crime had been committed, however, officers will follow-up on the incident. 1500 hours — La Quinta SET deputies assisted probation with a compliance check in the 51500 block of Avenida Martinez. Adam Holt was found to be in possession of prescription medications not prescribed to him and in possession of a 12 gauge pump shotgun. Hult was arrested and booked into the Indio Jail for violation of his probation, possession of dangerous drugs, and a felon in possession of a firearm. 1520 hours- Deputies Anderson and Rigg responded to the corner on Dune Palms and Highway I I l in reference to a domestic disturbance. Jorge Arturo Paniagua was arrested for felony spousal battery and • booked into the Indio Jail. 09/02 Wednesday (162) 0950 hours- Deputy Trueblood responded to the 77-500 block of Chihuahua in regards to a trespassing call reported by City of La Quints Code Enforcement officers. Deputies located Jonathan Cook Jr. inside the residence. Cook, who is a transient, is known for squatting in vacant residents within La Quinta. The city did not desire prosecution. La Quinta SET deputies are familiar with Cook who has been a suspect in multiple burglaries and is currently on probation. 09/03 Thursday ( 92) 0110- Deputy Hart conducted a traffic stop on a vehicle she had observed running a red arrow on Fred Waring and Dune Palms. She contacted the driver, a 17 year old female, and believed the driver was driving under the influence. Deputy Hart conducted Field Sobriety Test, along with a PAS test and arrested the driver for a driving under the influence as a minor. The juvenile was transported to the Indio station, where she was issued a citation and released into the custody of her mother. 1721 hours- Deputy Ramos responded to Wal-Mart in reference to three female adults detained at the location for theft. Desiree Noriega, Eileen Herrera, and Joann Gutierrez were arrested for commercial burglary and booked into the Indio Jail. 09/04 Friday (130) 0147 hours — Deputy Martinez responded to a traffic collision on Eisenhower Dr. and Calle Colima. Kenneth Brewster was driving northbound on Eisenhower when he struck a parked vehicle. Brewster was arrested for suspicion of driving while under the influence of Marijuana. 446 2345 hours — Deputy Davis responded to the 51-300 block of Avenida Villa reference an intoxicated • person. Christopher Esquivel was arrested for public intoxication and for being a parolee at large. 2345 hours- Sgt. Baur arrested Johnathan David Lopez for driving under the influence at Ave. 52 and Jefferson St. 09/05 Saturday (112) 0212 hours — Deputy Speir responded to La Quinta Resort in reference to a DUI driver. Kevin Rooney drove off with security's golf cart, but due to his level of intoxication, he crashed the cart. He then attempted to flee on foot but was apprehended by security. 1635 hours- Deputy Newton responded to the 43-600 block of Alba Court reference a check the welfare call. Deputy Newton found a male adult, 47 years of age, deceased at the residence. The coroner responded to the location and did not find any signs of foul play. 2337 hours — Deputy Davis responded to the 53600 block of Avenida Navarro reference a report of child abuse at the residence. Lilia Aguilar was arrested for domestic violence and it was determined no child abuse occurred. 09/06 Sunday (108) 0040 hours- Sgt. Baur arrested Sean Patrick Lloyd for driving under the influence at Washington Street and Eisenhower Drive. 09107 Monday (61) O 0310 hours- La Quinta Deputies responded to the area of Horseshoe and Roadrunner in reference to a report of two suspicious vehicles. Deputies made contact with the subjects and a foot pursuit ensued with two subjects running from the area. One subject was apprehended at Jefferson and Westward Ho. Two other subjects were detained at the original location. Investigation located a house that had been ransacked and burglarized. Stolen property was recovered from the suspects and from the vehicles. Arrested for burglary was Richard Anthony Montez, Tricia Powell and a 17 year old male juvenile. 1710 hours- Deputy Berry conducted a traffic stop at Miles Avenue east of Fred Waring Drive and arrested Ralph Molina for DUI. 1724 hours- Deputy Russel responded to Stater Brother's Market in reference to a shoplifter in custody. Deputy Russel arrested Adrian Sandoval for petty theft with priors. Sandoval is on parole for commercial burglary. 09/08 Tuesday (101) 1728 hours- Deputy Pereyda responded to the 51-700 block of Avenida Carranza in reference to a structure fire. Deputy Pereyda contacted the residents and verbally confirmed there were no people inside the residence. The house became fully engulfed and there were no injuries. 09/09 Wednesday (113) 0940 hours — Deputy Fiebig responded to the area of Adams St. and Darby Rd. and arrested Joshua Carbajal for stalking his mother-in-law. He was transported to the Indio Jail for the booking process. 1110 hours — Deputy McAnallen responded to a report of a burglary in the 54700 block of Avenida Madero. An unknown suspect(s) forced entry of an unoccupied residence damaged the interior with spray painted graffiti. 447 09/10 Thursday (116) 0040- Dep. Post conducted a vehicle check on Fred Waring and Jefferson. He contacted the driver, Rodney Miller, and found that Miller had three outstanding felony warrants for fraud and possession of stolen property. Miller was arrested and booked into the Indio Jail. 0045 hours- Deputy Martinez responded to the Eisenhower Medical Center in reference to an assault. A female juvenile reported that she was assaulted inside a vehicle by at an unknown location in the cove area. Inv. Quintero responded to the Eisenhower Medical Center and assumed control of the investigation. 1630- Sgt. Martello received info from La Quinta Code Enforcement Officers regarding Douglas Campbell sleeping under a tree in the area of Bermudas and Montezuma. Campbell was known to be in violation of failing to register as a sex registrant. Deputy Pereyda was aware of Campbell from previous contacts and detained Campbell. Campbell was subsequently arrested at booked into Indio Jail. 2039 hours —La Quinta SET Deputies, assisted by the Indio Police Department's SET team, served two property search warrants in the 46200 block of Arabia and 46500 block of Arabia St. The search warrants stemmed from a residential burglary on Horseshoe Rd. La Quinta earlier this month. Deputies arrested Donny Allen Yanez. No physical evidence was located at either residence related to the burglary. Yanez was booked for residential burglary and a parole hold was placed. 2237- Deputy Pereyda responded to Arnold Palmers restaurant regarding an intoxicated female causing a disturbance. Yvonne Wright-Nour-Thomas was subsequently arrested for being drunk in public. 09/11 Friday (111) • 0915 hours — Deputy Illera responded to a report of an auto theft on Avenida Mendoza. An unknown suspect(s) took a red Ford Mustang, 1630 hours — Deputy Fiebig responded to the 46-400 block of Dune Palms Road for a domestic violence call. The suspect, Robert Medina Monroy, was gone from the location when deputies arrived. 2015 hours — La Quinta SET Team Deputy Hughes conducted a vehicle stop at Westward He and Adams St. He arrested a 16 year -old juvenile for a no bail burglary warrant and booked into Indio Juvenile Hall. 2100 hours — La Quinta SET Team Deputy Vanderhoof conducted a pedestrian check on Ave. 48 and Washington St. Jamail Wright was arrested for a felony narcotic warrant and booked into the Indio Jail. 2300 hours — Indio Police Dept. notified La Quinta SET Deputy Glasper they had Stacy Dixon in custody for possession of illegal drugs. Deputy Glasper was looking for her reference a residential burglary from La Quinta. Deputy Glasper took custody of Dixon, interviewed her and then booked her into Indio Jail for residential burglary. 2316 hours — Deputy Martinez conducted a pedestrian check at the La Quinta Park, located at Westward Ho and Adams. Francisco Montano Jr. was arrested for public intoxication. 09/12 Saturday (58) 0052 hours — La Quinta SET Deputy Chancellor contacted Jerry Moreno in the 78600 block of Avenida Nuestra. Moreno was known to be a suspect in a vehicle burglary where credit cards were stolen and then used at the USA gas station on Hwy 11 I @ Dune Palms. Deputy Chancellor received the surveillance video earlier in the day and saw it was Moreno using the card at USA gas. Moreno was arrested for . commercial burglary and use of access cards. He is also on parole. 448 0215 hours — Deputy Davis made an enforcement stop at Miles and Adams. Javier Ortega was arrested for • DUI. 1500 hours — Officers from the La Quinta Police Department responded to a vandalism call on Washington Street along the wash area. Officers approached the cement support walls and saw two males in the act of spray painting the walls. The adult subject was identified as Carlos Marquez. The second subject was a juvenile male from Palm Desert. They were taken into custody and booked into the appropriate county jail facility. 1616 hours — Deputy Newton responded to a report of a commercial burglary at Wal-Mart. Deputy Newton arrested Arlene Reyes for shoplifting and Stephanie Olivas for burglary. 1804 Hours- Deputy Jaueret responded to Wal-Mart regarding a shoplifter in custody. Arrested was Brenda Hernandez of Coachella. 2310 hours — Deputy Matthew Martinez conducted a pedestrian check at Avenida Bermudas and Avenida Montezuma. Mark Garcia was arrested for one felony and one misdemeanor drug warrant. 09/13 Sunday (63) 0104 hours — La Quinta SET deputies served a property related search warrant in the 46200 block of Arabia St., Indio. Martin Alvarado had been implicated in a residential burglary in La Quints from earlier this week. No physical evidence was located, but Alvarado was arrested for burglary and booked into the Indio Jail. 1400 hours — Deputy Pittenger investigated a report of a vehicle burglary in the 52270 block of Avenida Villa. An unknown suspect(s) broke into the victims' vehicle and stole items. e1405 hours — Deputies responded to a report of a burglary in the 47700 block of Adams Street. Deputy Hughes arrested Chris Jackson and Michaela DeLair for entering the club house and taking a TV. They had also broken into a vacant apartment where they had been squatting for two days. They were transported to the Indio Jail for the booking process. 1850 hours- Dep. Kibbey responded to Wal-Mart to a report of a shoplifter in custody. Anna Martin was cited and released from the scene due to medical reasons. 09/14 Monday (110) 0058 hours- Deputy Contreras responded to an alarm call at Amore Restaurant. He found that three large paned windows had been broken. 2340 hours- Deputy Davis conducted an enforcement stop on a vehicle at Fred Waring and Dune Palms. Ile arrested Jesus Gonzalez for an outstanding felony warrant. Gonzalez was booked into the Indio Jail. 09/15 Tuesday Q21) 0158 hours- Deputy Contreras arrested Jose Francisco Martinez for public intoxication at Tampico x Bermudas. Martinez was booked into the Indio Jail. 0240 hours- Deputy Davis conducted an enforcement stop at Dune Palms x Miles. He arrested Marcel Yrra for an outstanding felony warrant. Yrra was booked into the Indio Jail. 1545 hours- Deputy Riggs responded to Wal-Mart to a report of a shoplifter in custody. Anita Alvarado • was booked into the jail for shoplifting. 44) 1734 hours- Deputy Scott responded to Wal-Mart to a shoplifter in custody. Laura Pinedareyna was booked • for commercial burglary. 09/16 Wednesday (138) 2220 hours — La Quinta SET Deputy Glasper conducted a traffic stop at Hwy 111 and Simon Dr. Richard Molley was arrested for possession of illegal drugs and booked into the Indio Jail. 09/17 Thursday (90) 1143 Hours — Motor Officer Reynolds stopped a vehicle driven by Carlos Gomez after witnessing the vehicle complete an unsafe turn movement. Motor Officer Reynolds evaluated Carlos Gomez and determined he was under the influence of a stimulant. Carlos Gomez was arrested and booked at the Indio Jail for drug impairment. 1450 Hours — Motor Officer Heffley stopped a vehicle after witnessing an unrestrained passenger inside. Motor Officer Heffley contacted the passenger, Clemente Dominguez, and located a fraudulent California driver's license and Social Security card in his possession. Dominguez was transported and booked at the Indio Jail for possession of deceptive identification and forgery. 1545 hours- Deputy Newton responded to the 51200 block of Ave Rubio regarding a report of domestic violence. Deputy Newton contacted the victim who said her ex -boyfriend, Carlos Martinez, attempted to rear end her vehicle with his vehicle at Montezuma and Ave Carranza. Martinez was contacted at a friend's house on Ave Rubio and subsequently arrested. Martinez was booked into Indio Jail after denying all allegations. 1803 hours - La Quinta SET deputies responded to a burglary in progress call in the 54100 block of . Avenida Obregon. The burglary was unfounded, however, deputies arrested Moses Valdez for theft. Valdez was booked into the Indio Jail for grand theft, under the influence, and probation violation. 1930 hours- Deputy Harris responded to Wal-Mart regarding a shoplifter in custody. Harris arrested Jeanette Cortez. Cortez was booked into Indio Jail. 09/18 Friday (92) 0346 hours — Deputy Martinez responded to the 79300 block of Briarwood in reference to a burglary and stolen vehicle incident. The homeowners were awakened by their garage door closing. They discovered an open slider and items missing. They found their vehicle missing from the garage. 0910 hours —Deputy Irving investigated a report of a burglary in the 79300 block of Brookville. An unknown suspeci(s) entered the victim's home and took golf clubs. 09/19 Saturday (75) 0005 hours - La Quinta SET Deputy Glasper conducted a traffic stop on Hwy 111 and La Quinta Center Dr. Antonio Espinoza, a passenger in the vehicle, was arrested for possession of methamphetamine and possession of drug paraphernalia. 0432 hours — Deputy Martinez responded to an abandoned vehicle on Jefferson and Avenue 52. Deputy Martinez found that the vehicle had collided with a raised curb, causing two flat tires. The driver was found at his residence on Fred Waring and Clinton in Indio. Gabriel J. Seaman was arrested for DUI and Hit and Run. 1225 hours — Dep. Dunlap investigated a vehicle burglary in the 78500 block of Bottlebrush. An unknown suspect(s) smashed the side window and made entry into the vehicle. Fingerprints were recovered from the vehicle and submitted into evidence. 450 • 1845 hours — La Quinta SET Deputy Burgie conducted a pedestrian check in front of Rooms Express, 78740 Hwy 11 1, and arrested Daniel Hernandez for a felony narcotic warrant out of Imperial County. Hernandez was booked into the Indio Jail. 2300 hours - La Quinta SET Deputies Burgie and Glasper were riding bicycles in the 51700 block of Avenida Diaz when they noticed an open car door. They contacted the resident, Kristie Ruffin, and knew she was on probation with search terms. A probation compliance check was conducted and she was found to be in possession of methamphetamine and drug paraphernalia. Ruffin was arrested for the crime and additional charge of probation violation and booked into the Indio Jail. At the same time, deputies located Nicholas Marcheese hiding in the backyard of the residence. Marcheese has several felony warrants for his arrest, and was found to be in possession of methamphetamine. Marcheese was booked into the Indio Jail for possession of methamphetamine, under the influence, violation of probation, and felony warrants. 09/20 Sunday (63) 0144 hours — La Quinta SET Team Sergeant Hoyt came upon a subject lying on the ground, passed out, at Eisenhower and Tampico. Deputy Contreras responded and arrested John Edward Clark for public intoxication.. 2300 hours — Deputy Jauert responded to Lake La Quinta x Washington St, reference a hit and run collision at Rancho La Quinta. The driver, Luis Acosta, was located in the area. Acosta was arrested for driving under the influence and leaving the scene of a traffic collision. 09/21 Monday (88) 0700 hours- Deputy Trueblood responded to the 44300 block of Villeta reference a report of vandalism. • An unknown suspect(s) had broken a window. 09/22 Tuesday (100) 0010 hours — La Quinta SET Deputies contacted Thomas Tischler in front of his residence, in the 51600 block of Eisenhower Dr. Tischler is on probation for burglary and during a probation compliance check he was found to be in possession of methamphetamine. Tischler was booked into the Indio Jail for possession of meth and violation of probation. 0340 hours- Deputy Hart conducted a vehicle stop at Miles and Monticello for expired registration. She contacted the driver, Joe Carrillo, and believed he was driving under the influence of alcohol. After conducting field sobriety tests, she arrested Carrillo. Carrillo refused any chemical test and was booked into the Indio Jail. 09/23 Wednesday (I10) 0005 hours — La Quinta SET Deputies White and Rodriguez were riding bicycles in the area of Calle Tecate and Avenida Madero. While checking the area they located Marcie O'Malley and Evan Duteau in the park area. They also located six spots inside the park where they had started shrubbery on fire. CDF was called and extinguished the fires. The two were arrested for arson and booked into the Indio Jail. 2045 hours- Deputy Hughes with 909 Set arrested Victor Roman at Ave. Vallejo and Calle Nogales for public intoxication. 09/24 Thursday (97) 0930 —SRO Deputy Smith investigated a locker room burglary at the La Quinta Middle School. Her investigation led to the arrest of three students. It is believed that these suspects have been involved in several other thefts on campus. 451 • 1330 hours — Deputy William Fiebig arrested Dennis Hile at Costco for entering the store with the intent to steal a pair of sunglasses. He was transported to the Indio Jail for the booking process. 1400 hours — La Quinta SET deputies and GTE deputies served a property related search warrant in the 81800 block of Ave. 48, Indio. The warrant stemmed from a residential burglary investigation where a handgun was stolen. No evidence / property were located. A second property related search warrant was served in the 82800 block of Davis Dr, Indio. The gun was not located. 1630- Deputy Harris responded to Wal-Mart regarding a shoplifter in custody. Navit Moreno was arrested for commercial burglary and subsequently booked into the Indio Jail. 1658 hours- La Quinta Set deputies Hughes and Chancellor served a search warrant in the 54000 block of Eisenhower drive. Arrested was Queen Daniel Pomel for a felony narcotic warrant. 2351 hours — Deputy Lun responded to a disturbance at Eisenhower and Calle Colima. Matthais Brown was arrested for a violation of a domestic violence restraining order. 09/25 Friday (81) 0414 hours — Deputy Speir responded to a domestic violence incident in the 52700 block of Avenida Obregon. Christopher Shawn Glenn was arrested for assault with a deadly weapon. 1250 hours —Deputy Pittenger served an arrest warrant in the 51800 block of Avenida Ramirez. Deputy Pittenger arrested Manuel Soto Jr. for two active DUI warrants. He was transported to the Indio Jail. 1911 Hours- Deputy Scott was dispatched to the 46800 block of Washington St. regarding an unattended • death. An adult male, age 79, was pronounced deceased. The male had been receiving treatment for high blood pressure, type -two diabetes and asthma. No obvious signs of foul play. 09/26 Saturday (82) 1335 hours- Deputy James responded to Parkway Esplanade in reference to a domestic disturbance and arrested Amy Hisgen, 34 years of La Quinta, for Domestic Violence. 1652 hours- Deputy Lopez conducted a traffic stop at Avenida Bermudas and Calle Hidalgo and arrested Raymond Morin for possession of methamphetamine. 09/27 Sunday (55) 0300 hours — An anonymous caller reported a vehicle was disabled in the roadway at Calle Hidalgo and Eisenhower. Deputy Jardinas arrived and arrested Yuliana Mondragon Ayala for driving while under the influence. 0414 hours — Deputy Lun responded to the 48500 block of Legacy reference a domestic violence call. Robert Allen Brown was arrested for domestic battery and for disabling the phone line, preventing his wife from calling for help. 1200 hours- Deputy Trueblood was flagged down at the La Quinta Police Department sub -station reference a report of domestic violence. The female victim had numerous visible injuries, including a black eye and a large contusion on her thigh. After taking her statement, Deputy Trueblood went to the 53500 block of Avenida Rubio to contact Scott Hull. After getting an inconsistent statement and noting he had no visible injuries, he was placed under arrest for the felony domestic violence section and booked into the jail. • • 2130 hours- Deputy Lopez conducted a traffic enforcement stop on Washington at Avenue 48. The driver, Emanuel Reyes, was found to be under the influence of alcohol. Reyes was arrested and booked into the jail. 09/28 Monday (93) 1800 hours - Investigators Gaunt and Zamora drove to Los Angeles to assume custody of a subject arrested on a $1,000, 000.00 warrant for aggravated sexual assault of a child that occurred in La Quinta. Inv. Gaunt had conducted an investigation that confirmed that Carlos Sanabria had sexually assaulted a child from 2005 to July of2009. Inv. Gaunt received information suggesting Sanabria might be living at a relatives' residence in Los Angeles. Inv. Gaunt contacted Los Angeles law enforcement authorities and asked for their assistance in locating Sanabria. Sanabria was located at a residence in Los Angeles and arrested for the warrant. 2200 hours — Corporal Taylor conducted a traffic stop on Avenida Bermudas and Calle Sinaloa. Marie Gail was arrested for a felony drug warrant. 09/29 Tuesday (115) 0005 hours — La Quinta SET Deputies were riding Segways in the area of Seeley and Miles Ave. and attempted to stop a vehicle for traffic violations. The vehicle sped away and was later located by Deputy Miller in the area of Miles and Las Manes. The occupants of the vehicle were arrested for being under the influence and booked into the Indio Jail. They were Christopher Willis and Christopher Stevens. 0409 hours — La Quinta deputies responded to a roll over collision in the White Water Wash behind Kohl's. The driver, Timothy Plentl, wanted to show his passenger the off road performance capabilities of his Land Rover. Plead drove westbound through the wash when he decided to drive up the south side cement • embankment. Plentl managed to get the driver's side tires to the top of the embankment before the vehicle rolled down the embankment. The vehicle came to rest on its roof at the bottom of the wash. Plentl was arrested and booked for DUI. 1400 hours — La Quinta SET Deputy Burgie responded to 78370 Hwy 111, Point Happy Massage to a reported domestic violence call. Deputy Burgie arrested Charlie Wong for domestic battery. Wong was booked into the Indio Jail. 1655 hours — Deputy Pereyda responded to a hit and run collision at Desert Club and Avenida Tampico. The investigation revealed Matthias Brown was driving the vehicle when he collided with a pick-up truck. Brown fled with four juveniles in the vehicle and was later picked up by an unidentified male. Charges were filed out of custody. 09/30 Wednesday (122) 0045 hours- La Quinta SET Deputy Glasper contacted Ryan Hatfield in the 47600 block of Eisenhower Dr. Hatfield was arrested for a fugitive no bail warrant and booked into the Indio Jail. 1219 Hours - Deputy Hendry investigated a terrorist threat made against a teacher at Summit High School. The suspect called the teacher on the schools phone voice mail system making threats. The suspect is believed to be a 17 year old student whom the teacher removed from class on a previous day for yelling profanities in class. The investigation is continuing. 1630 hours — Deputy Ramos responded to the 49000 block of Via Conquistador reference an attempt suicide. An adult female told her mother she was going to end her life and was in possession of numerous medications. The female was transported to JFK for an okay to book. Oasis Mental Health responded to JFK and took custody of the female. • 45 • 1730 hours- Deputy Newton responded to Wal-Mart to a report of a shoplifter in custody. The fifteen year old suspect was released to her mother. 1800 hours — La Quinta Set Deputy Glasper arrested Judy Hegwald for a felony drug warrant during a pedestrian check in the 52000 block of Avenida Rubio. 1811 hours — Deputy Lopez contacted Christopher Richards in front of Costco. Richards was arrested for possession of drug paraphernalia. Total Number of Calls: 2,954 • 45' T Deputy Adonis Glasper Deputy Jessica Vanderhoof Deputy Jason Chancellor CITY OF LA QUINTA Special Enforcement Team September 2009 Il S.E.T. TEAM Supervising Sgt. Mark Hoyt Snmmary of Activity Deputy Tim White Deputy Claudia Rodriguez Deputy Shaun Hughes T e of Activity # of Incidents Type of Activit # of Incidents Programs 9 Wea ons Recovered 1 Vehicle Checks/Sto s 63 Arrest Warrants Served 19 Pedestrian Checks 41 Search Warrants 3 Follow-ups 27 Parole Searches 32 Citations Issued 15 Arrests/Filings 26 SiGNiFiCANT Ai iv i Y During the month of September, SET Team members conducted extensive bicycle and Segway patrols throughout the business district and selected residential neighbor- hoods. The implementation of this patrol strategy resulted in multiple arrests related to warrants and narcotics activity. SET Team Deputies conducted a parole compliance check at a residence within the city. As a result, the parolee was arrested for possession of illegal narcotics and for being in possession of a loaded firearm. While conducting bicycle patrol near the Bear Creek Pedestrian/Bike Trail, SET Team Deputies heard a woman screaming just south of their location. Deputies immediately initiated a search of the area and located a male and a female adult. The female told it deputies that she was "chanting" and that there was no need of concern. However, as deputies continued to investigate they found six separate locations where the two adults had started fires among the shrubbery. Both adults were arrested for arson and were booked into Indio Jail. 4K CITY OF LA QUINTA Traffic Services Team Report September 2009 Traffic Services Team Dep. Frederick Dep. Heffley Dep. Wiggs Cpl. Covington Sgt. Walton OC.S.O. Delaney Dep. Reynolds SIGNIFICANT ACTIVITY The downward spiral for traffic collision activity within the city of La Quinta has continued during the month of September. Overall public roadway collision activity has dropped 17.86% when compared with the same time frame in 2008. When all collision activity is counted, the residents and visitors throughout our city have enjoyed a 12.74% collision rate reduction. Due to an alarming increase in collision activity involving bicycles, Traffic Services has increased safety enforcement programs during September. As a result, the month of September showed a decrease in reported bicycle involved collisions. As expected, the Traffic Services Team will continue to monitor this identified trend and maintain its proactive approach to safety violations that contribute to this collision type. La Quinta Police Officers consistently average fourteen impaired driver arrests each month. Impaired driving collisions have stabilized throughout the city and actually receded, comparative to 2008. However, the increased social activity brought by the cooler months warrants continued educational programs and increased saturation patrols. In keeping with all developing trends, La Quinta Traffic Services constantly shifts its focus to address the leading causes of collisions within the city boundaries. 45% City of La Quinta La Quinta Police Department Monthly Traffic Collisions Report • September 2009 Current Month New YTD Last YTD % Change Total TIC - Public Highway 14 230 280 -17.86% Fatal Collisions 0 0 3 -100.00% Number Killed 0 0 3 -100.00% Injury Collisions 3 45 65 -30.77% Number Injured 3 52 90 -42.22% Property Damage 11 185 212 -12.74% Type of Collision Hit & Run 3 38 40 -5.00% Private Property 2 44 41 7.32% Bicycle Collisions 1 11 6 83.33% Number Injured - Bicycle Collisions 1 7 5 40.00% Vehicle vs. Pedestrian 0 7 1 600.00% WcoholInvolved 3 20 32 -37.50% Reports Taken By Patrol 17 235 250 -6.00% Target Team 1 3 10 -70.00% 0 0 SRO 0 5 5 0.00% Traffic 0 42 54 -22.22% DUTY UNKNOWN 0 1 4 -75.00% Detective 0 0 1 100.00% TOTAL REPORTS 16 274 321 -14.64% Counter Reports % DUI Arrests 5 122 149 -18.12% Investigations Assigned Last YTD This YTD Closed Open Hit and Run 2 1 14 12 2 Primary Collision Factors Number % Total Unsafe Speed 4 25.00% Driving Under Influence 3 18.75% Unsafe Starling or Backing 2 12.50% Lane Change 2 12.50% �nsafe Cher Improper Driving 2 12.50% Traffic Signals and Signs 1 6.25% Improper Turning 1 6.25% Following Too Closely 1 6.25% 457 �J E Deputy Prezell Burgie CITY OF LA QUINTA Business District Deputy Report September-- 2009 SIGNIFICANT ACTIVITY In conjunction with the La Quinta Special Enforcement Team, I conducted a probation compliance check at a residence and arrested a suspect who had an outstanding felony narcotic warrant. During my investigation, I found him to be in possession of illegal narcotics and to be under the influence of a controlled substance. Working cooperatively with the La Quinta Special Enforcement Team, served 5 search warrants stemming from burglaries that occurred in La Quinta. As a result, several suspects were arrested and property relating to the crimes were recovered. I assisted the La Quinta Special Enforcement Team and the Coachella Valley Violent Crime Gang Task Force conducted parole compliance check in La Quinta. As a result, multiple suspects were arrested. Conducted several hours of proactive patrol on Segways and bicycles in the Business District areas of La Quinta. 456 ❑I Deputy Thomas Hendry Summit H.S. Paige M.S. Horizon O.S. CITY OF LA QUINTA School Resource Officer Report September 2009 Ciimmary of Activitv Type of Activity Number of Incidents Reports 5 Arrests 1 Traffic Stops 0 Business Checks 14 Out of Custody Filings 0 Vehicle Checks 5 Pedestrian Checks 10 Truant 3 I saw a Summit High School student showing an unknown item to a second student. The second student leaned over and appeared to be smelling the unknown item. When the two students saw me approaching the unknown item was quickly put away. I made contact with the first student and found that he was in possession of marijuana. Charges were filed out of custody on the student. A student at Col. Mitchell Paige Middle School was found to be in possession of a lock blade knife on campus. During my investigation I found out that three other students had been in possession of the knife throughout the day. Out of custody charges were filed against all four students. I arrested a Summit High School student for threatening to hit a Desert Sands Unified School District security agent. The student was booked into Indio Juvenile Hall. A Col. Mitchell Paige Middle School student was found to be in possession of stolen property. The student had previously been suspected in the theft but no evidence was located. Out of custody charges were filed against the student. A teacher at Summit High School received a threatening message via his school voice mail. After listening to the content of the message, I determined that the message met criteria of a criminal threat and a hate crime. The case is still under investigation. ' 45 0 • La Quinta MS Franklin E.S.. Truman ES Adams ES CITY OF LA QUINTA School Resource Officer Report September 2009 Deputy Rebecca Smith Summa of Activit Type of Activity Number of Incidents Reports 10 Arrests 3 City Park Area Checks 3 Parking Citations 5 Truancy Citations 5 Vehicle Checks 5 Follow-up / Public Assist 12 Pedestrian Checks 21 Y.A.T. Referral 2 Traffic Citations / Traffic Stops 2 Business Checks 1 Home Visits 2 I was approached by the parent of a female student regarding an incident related to her daughter. The parent told me that an adult male, driving a black vehicle, approached her daughter and questioned her about her name. The young girl told the adult male her name and he told her that "someone" was looking for her in the parking lot. At that point, the adult male left the area without any further contact with the juvenile. A search of the area failed to locate the subject vehicle. The surrounding schools and School Resource Officers were made aware of the incident. An observant teacher reported seeing two male students rummaging through another student's backpack inside the locker room. Based on the information received, I began an investigation of the incident. I was able to determine that three male students had been hiding in the locker room until other students had gone to class. Once the locker room was empty, the three male students would go through lockers and backpacks stealing cash, cologne and electronic items. The male students stated that they had been doing this for approximately one week. All three of the male students were arrested and were booked at Indio Juvenile Hall. 460 • J Deputy Kevin Moore La Quinta High School CITY OF LA QUINTA School Resource Officer Report September 2009 Sitmmary of Activitv Type of Activity Number of Incidents Criminal Reports 13 Home Visits 2 Arrests 0 District Attorney Filings 2 Y.A.T.. Referral 4 Vehicle Checks 11 Pedestrian Checks 23 Follow -Up 13 Traffic Stops & Citations 21 Parking Citations 5 Bicycle Patrol Miles 39.5 Truant Citations 3 1. Investigated a report that a student had been "kicked out" by his mother. It was learned that the mother had been supplying the student with her prescribed medication. CPS was called to the location and charges will be filed against the mother. 2. Contacted three males for trespassing on campus. I learned that they were truant from Amistad H.S. All three were issued citations. 3. Following a fight between two students, I investigated charges of a stolen Ipod. Both students claimed ownership of the Ipod. I found out that the Ipod had been stolen from Palm Desert. 4. Investigated a report of a sexual battery involving multiple female students. The suspect student was found to be mentally challenged and no charges were filed. 5. Investigated a report of child abuse. I found the allegations were unfounded but I arranged to have the juvenile transported to Safe House of the Desert per her request. 6. Investigated a report of a runaway female juvenile. The missing student's information was entered into the national database and cell company phone records were obtained. 461 O CITY OF LA QUINTA Community Service Officer Report September 2009 C.S.O. Artesia Diaz C.S.O. Tina Ayon C.S.O. Bridget Delaney (Traffic Services Officer) C.S.O. Lisa Land Summary of Activitv Type of Activit Number of Incidents Bur lary Investigations 12 Grand Theft Reports 3 PettyTheft Reports 1 Vandalism/Malicious Mischief Reports 6 Traffic Collision Response 12 Vehicle Code or Parking Citations 81 Abandoned Vehicles TaggedMarning 39 Towed Vehicles 4 Lost or Found Property Reports 6 Stolen Vehicle Report 1 Custodial / Non -Custodial Trans ort 25 Miscellaneous Calls 82 r b' CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report September 2009 Danese Maldonado Volunteer Coordinator r:YW ♦ 1 Y . ; F l'°ten, Q..mm�ni of df- ivi}v Communi Policin Office Number Citizens On Patrol Number Monthly Volunteer Hours 148 Training Hours 0 Hours Y.T.D. 1,459 Business Checks 81 Hours 4/03 to Present 17,459 Community Events 2 CPO Monthly Visits 92 Courtesv Notifications 2 CPO Y.T.D. Visits 911 Miscellaneous Activity 1 CPO Visits 4/03 to Present 13,411 Neighbor ood Patrol 7 Vacation Checks 35 Patrol Hours 77.5 Y.T.D. Patrol Hours 675 Hours 7/06 to Present 4,290 The established rate for value received for volunteers in the State of California is calculated at $16.24 per hour. The estimated Y.T.D. financial benefit to the La Quinta Police Department and the City of La Quinta totals: $34,656.00. Total savings since 2003: $352,619.00. At this time there are seven potential volunteers who are going through the background and interview process. We look forward to adding these new team members in the near future. Citizen on Patrol members have been on duty at a recent DUI checkpoint, traffic control at LQHS, traffic and crowd control at LQHS football games, a structure fire and the National Day for Kids at Fritz Burns Park. 460- u X Corporal Andy Gerrard CITY OF LA QUINTA Post 503 Explorer Report Sep-09 Post 503 Downed Officer Rescue Team The hardworking members of Explorer Post 503 earned a weekend outing to Creek Side Camp in Forest Falls. During the getaway, Post 503 team members enjoyed cool mountain mile high weather, boating, swimming, climbing wall, hiking, zip line, blackberry picking, forensic and search warrant scenarios and other adventures. The clubhouse snack shop was a popular attraction as well. Post 503 team members also utilized the time away to brainstorm about future Post 503 meetings and activities. September training included report writing, drill and marching instruction, physical conditioning and scenario practice. The scenario review and practice are designed to prepare the Explorers for the upcoming Chandler, Arizona Police Department Explorer Extreme Tactical Competition. Post 503 personnel have continued to volunteer for events across the Coachella Valley. Team members provide crowd and traffic control where they apply the training principles they have been taught in the monthly meetings. In addition, Explorer volunteers have been assisting logistics oersonnel at the Indio Station of the Riverside County Sheriffs Office. e Explorer program offers law enforcement career education for young people 14 years of age ust have completed 8th grade.) to age 20. Explorer team members must maintain a minimum a "C" average in their studies in order to participate in the program. For additional information, or to apply for membership, call 760-863-8990 and ask for Corporal Ruben Perez or Corporal Andy Gerrard. 46 Department Report: • LA U I TA PiLICE Served by the Riverside County Sherffs Deparmient Crime Statistics Summary August -- 2009 Prepared for PART • 10 11 12 13 CITY OF LA QUINTA Crime Comparison -- August CRIME August August YTD 2009 YTD 2008 2009 2008 AGGRAVATED ASSAULTS 8 4 42 35 BURGLARY 53 41 357 347 BURGLARY - VEHICLE 29 21 186 155 DOMESTIC VIOLENCE 14 15 119 112 HOMICIDE 0 0 1 1 NARCOTICS VIOLATIONS 19 14 174 134 ROBBERY 0 2 15 23 ROBBERY - CAR JACKING 0 0 0 0 SEX CRIME FELONY 2 2 40 26 SEX CRIME MISDEMEANOR 3 0 19 12 SIMPLE ASSAULTS 5 5 49 70 THEFT 80 58 546 483 VEHICLE THEFT 5 8 60 82 CITY OF LA QUINTA DISPATCH INFORMATION August 2009* TYPE OF CALL RESPONSE TIME (MINUTES) NUMBER OF INCIDENTS EMERGENCY 2.6 1 1 ROUTINE 7.92 1 1,293 * Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report. 9 4 61 11 • Crime Distribution Table Au -09 % of Total Au -08 % of Total 1 AGGRAVATED ASSAULTS 8 3.67% 4 2.35% 2 BURGLARY 53 24.31% 41 24.12% 3 BURGLARY - VEHICLE 29 13.30% 21 12.35% 4 DOMESTIC VIOLENCE 14 6.42% 15 8.82% 5 HOMICIDE 0 0.00% 0 0.00% 6 NARCOTICS VIOLATIONS 19 8.72% 14 8.24% 7 ROBBERY 0 0.00% 2 1.18% 8 ROBBERY - CAR JACKING 0 0.00% 0 0.00% 9 SEX CRIME FELONY 2 0.92% 2 1.18% 10 SEX CRIME MISDEMEANOR 3 1.38% 0 0.00% 11 SIMPLE ASSAULTS 5 2.29% 5 2.94% 12 THEFT 80 36.70% 58 34.12% 13 VEHICLE THEFT 5 2.29% 8 4.71% Total 218 96.33% 170 97.65% CITY OF LA QUINTA August 2009 Crime Distribution 90 80 70 --- 60 50 40 29 30 14 �— 20 10 f a«mow �.�x, � ems' 1 F;, -0 6 2 5 5 a Sm y tz w < t 7 S < z ;c 7y -� cNi'f > rn c<n OO Cy nD Oy n 0 cC't°' y r ry Y r O O� < XA Y A �y mn �� c)� z� x 07 t� > 0 Obi 11 • 11 90 80 70 60 50 40 30 20 10 0 Month to Month Crime Comparison - August 80 8 41 29 21 19 —14- S S 0 0 0 0 0 2-2— 0 -�— 8 —5— 8 > > >C� >> r nr yD K K G)� D� > x rim yy 'M z M August 2009 AAugust 2008 600 Year to Date Crime Caparison - August 5 12 -> orA c) m'� o� rm m m ca am mx rc �m > ox ab m x �;O cn m _ c� a � m c-� m o m c c< > oaz� m o > > 83 00 400 ® YID 2009 300 0 YTD 2008 200 186 5 11112 30. ,..." 46c • • Month to Month Calls for Service Comparison August 2009 3,500 3,000 2 868 580 2,500 2,000 0 Aug-09 1,574 13 Aug-08 1,500 1,337 1,294 1,000 500 0 Total Non -Criminal Criminal Year to Date Calls for Service Comparison 25,000 22,053 20,000 19,,35 t 15,000 — ' ❑ YTD 2009 11,610 _. 10 44310,620 a YTD 2008 10,000 5,000 0 Total Non -Criminal Criminal 469 John R. Hawkins Fire Chief Proudly serving the unincorporated areas of Riverside County and the Cities of: Banning Beaumont Calimesa Canyon Lake e. Coachella Desert Hot Springs Indian Wells e. Indio Lake Elsinore La Quinta Moreno Valley Palm Desert Perris Rancho Mirage A. Rubidoux CSD e. San Jacinto Temecula Board of Supervisors Bob Buster, District 1 John Tavaglione, District 2 Jeff Slone, District 3 Roy Wilson, District 4 Marion Ashley, District 5 RIVERSIDE COUNTY-- - - FIRE DEPARTMENT DEPARTMENT REPORT: /D In cooperation with the California Department of Forestry and Fire Protection 210 West San Jacinto Avenue •Perris, California 92570 • (951) 940-6900 • Fax (951) 940-6910 October 7th, 2009 Honorable Mayor Adolph and Members of the City Council City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Ref: Quarterly Report Attached please find the Fire Department Quarterly Report for the City of La Quinta for July 1", 2009 through September 3&, 2009. The report depicts the following highlights: Riverside County Fire Department units responded to the following La Quinta Calls: • Medical Aids 432 • False Alarms 67 • Structure Fires 4 • Vegetation Fires I • Rescues (accidents, entrapments) 37 • Other Fires (vehicle, refuse, etc.) 13 • Public Service Assists 32 (Non -emergency assistance) • Fire Menace Standby 15 (Fuel spill,Haz Mat calls, gas leak etc.) As you review this month's statistics, you will note that the numbers remain virtually flat, with some call types down slightly. This reflects an overall trend we are seeing across the area. With visitor and other activity numbers down, our emergency calls reflect the same. Included in this months reports are photos from one of the structure fires that occurred within the City. A family was displaced from their home due to the fire. A significant amount of personal property was saved though due to efforts of the fire companies that responded. Non emergency activity from the three La Quinta Stations has increased during the last several months. This activity ranges from local school prevention programs to assisting business owners with fire extinguisher training. Respectfully Submitted, John R. Hawkins County Fire Chief By: {'w'" Pete K Blakemore Battalion Chief 470 La Quinta City Fire Responses Quarter Totals -al Responses ■ raise Alarms ■ Structure Fire ❑Vegetation Fires ❑ Rescues ❑ Other Fires ■ Public Service Assists ■Fire Menace Standby July-09 August-09 September-09 Totals Medical Responses 136 144 152 432 False Alarms 26 17 24 67 Structure Fire 2 1 1 4 Vegetation Fires 0 1 0 1 Rescues 15 10 12 37 Other Fires 5 5 3 13 Public ServiceAssists Fire Menace Standby 11 5 10 1 5 1 11 1 5 32 15 TOTALS 200 193 1 208 601 471 La Qunnnntaa MY Fire Responses Quarterly Totals ly Cc.�n1E@)..1f ❑ 2009 ❑ 2008 �drO, °Os es Los A A O76, G610 cP"9s s'sfs a6y Third Quarter 2009 2008 Medical Responses 432 449 False Alarms 67 81 Structure Fire 4 5 Vegetation Fires 1 1 Rescues 37 46 Other Fires 13 14 Public Service Assists 32 27 Fire Menace Standby 15 16 TOTALS 601 639 10/12/2009 4 r ,.ate A 3 v e w � s r' Photos from a Structure fire that occurred on September 8, 2009 in the City of La Quinta - �I v i �tlll( F*t y= g P.t_ G ^. �g "fl - may. h�Y�id •ii� , A, ` s .e a 470