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2010 05 04 CCeaf 4 4 ad4a City Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, MAY 4, 2010 3:30 P.M. Closed Session/4:00 P.M. Open Session Beginning Resolution No. 2010-032 Ordinance No. 479 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 LEGAL COUNSEL REGARDING PENDING LITIGATION — PW CONSTRUCTION v. CITY OF LA QUINTA, RIVERSIDE SUPERIOR COURT CASE NO. INC081454, PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a). City Council Agenda 001 May 4, 2010 2. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF HIGHWAY 111 AND LA QUINTA CENTRE DRIVE. PROPERTY OWNER/NEGOTIATOR: DIRECT POINT ADVISORS, INC., MICHAEL HASTINGS. 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 1. PRESENTATION OF PROCLAMATION TO RIVERSIDE COUNTY MENTAL HEALTH BOARD IN HONOR OF MAY 2010 AS MENTAL HEALTH MONTH. WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES APPROVAL OF MINUTES OF APRIL 20, 2010. CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED MAY 4, 2010. 002 City Council Agenda 2 May 4, 2010 2. APPROVAL OF AWARD OF CONTRACT WITH VINTAGE ASSOCIATES, INC. FOR PARK LANDSCAPE MAINTENANCE SERVICES, PROJECT NO. 2009-20. 3. APPROVAL OF AMENDMENT NO. 1 TO THE COMMUNICATIONS SITE LEASE AGREEMENT WITH TOWERCO ASSETS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR INSTALLATION AND CO -LOCATION OF ANTENNAS ON A CELL TOWER AT FIRE STATION 70. 4. APPROVAL OF AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH TRAFFEX ENGINEERS, INC. FOR CONTRACT CITY TRAFFIC ENGINEER SERVICES. 5. ACCEPTANCE OF A GRANT OF EASEMENT AND AGREEMENT FOR ROADWAY PURPOSES ALONG AVENIDA BERMUDAS AND DESERT CLUB NORTH OF CALLE TAMPICO BY VILLAGE RESORT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY. 6. ADOPTION OF A RESOLUTION TO REAFFIRM THE CITY'S ADOPTION OF THE ANNUAL ASSESSMENT FOR CSA 152, AUTHORIZE RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS UNDER CSA 152. 7. ACCEPTANCE OF A GRANT OF EASEMENT AND AGREEMENT FOR PUBLIC UTILITY PURPOSES AND EMERGENCY VEHICLE ACCESS OVER LOT 48 OF TRACT MAP 30023-4 FROM SHEA LA QUINTA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY FOR TENTATIVE TRACT MAP 35996. 8. APPROVAL OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH NAI CONSULTING, INC. TO PROVIDE PROJECT MANAGEMENT AND CONTRACT ADMINISTRATIVE SUPPORT SERVICES FOR FISCAL YEAR 2010-201 1. BUSINESS SESSION 1. CONSIDERATION OF 4T" QUARTER COMMUNITY SERVICES GRANTS AND FUNDING REQUESTS. A. MINUTE ORDER ACTION 4. 003 City Council Agenda 3 May 4, 2010 2. CONSIDERATION OF CIVIC CENTER CAMPUS ARTISTS ACKNOWLEDGMENT AREA APPLICATIONS. A. MINUTE ORDER ACTION 3. CONSIDERATION OF THE COMMUNITY SERVICES COMMISSION WORK PLAN FOR FISCAL YEAR 2010-201 1. A. MINUTE ORDER ACTION 4. CONSIDERATION OF APPOINTMENT OF A DELEGATE AND ALTERNATE TO THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) GENERAL ASSEMBLY. 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 (FRANKLIN) 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) 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. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) a 004 City Council Agenda 4 May 4, 2010 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY 3. CITY CLERK A. SUMMER SCHEDULE FOR CITY COUNCIL MEETINGS 4. BUILDING & SAFETY DEPARTMENT REPORT - NONE 5. COMMUNITY SERVICES DEPARTMENT REPORT - NONE 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT A. GENERAL PLAN MONTHLY UPDATE 8. PUBLIC WORKS DEPARTMENT REPORT - NONE 9. POLICE DEPARTMENT REPORT - NONE 10. FIRE DEPARTMENT QUARTERLY REPORT — NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS 1 . DISCUSSION REGARDING ANIMAL CONTROL (MAYOR ADOLPH). 2. DISCUSSION REGARDING TEMPORARY USE PERMITS (MAYOR ADOLPH). RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS — NONE 005 City Council Agenda 5 May 4, 2010 PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING ON LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, FISCAL YEAR 2010-2011. A. RESOLUTION ACTION 2. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 9, ZONING, OF THE LA QUINTA MUNICIPAL CODE TO RESTRICT THE PLACEMENT OF PERMITTED TEMPORARY SIGNS WITHIN THE PUBLIC RIGHT-OF-WAY (9.160.060); AND TO REVISE TABLE 9-17 TO CHANGE MAXIMUM SIGN SIZE AND HEIGHT RESTRICTIONS FOR EXEMPT SIGNS (9.160.020). A. TAKE UP ORDINANCE BY NUMBER AND TITLE ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. ON FIRST READING 3. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 9 ZONING, AND TITLE 13, SUBDIVISION REGULATIONS ADJUSTING GUESTHOUSE PROVISIONS IN THE TABLE OF PERMITTED USES AND IN THE SUPPLEMENTAL RESIDENTIAL CODE; PROHIBITING SINGLE FAMILY HOMES WITHIN THE VILLAGE COMMERCIAL DISTRICT; IDENTIFYING GOLF CART SALES IN THE NON-RESIDENTIAL TABLE OF PERMITTED USES; ADJUSTING PERMITTED DATE FOR C:HRISTMAS TREE SALES; CORRECTING ERROR IN USED CAR SALES REGULATIONS; PERMITTING USE OF SEASONAL SALES BUSINESSES; AND ADDRESSING MULTI - TENANT OFFICE COMPLEXES WITH INTERIOR TENANTS IN THE SIGN ORDINANCE. A. TAKE UP ORDINANCE BY NUMBER AND TITLE ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. ON FIRST READING "..•0 006 City Council Agenda 6 May 4, 2010 ADJOURNMENT The next regular meeting of the City Council will be held on May 18, 2010, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of May 4, 2010, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 1 1 1, on April 30, 2010. DATED/April 30, 2Q10 VERONICA "ONTECINO, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7103. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. 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. ,Co. 007 City Council Agenda 7 May 4, 2010 S cFM OF Tt 94 COUNCILIRDA MEETING DATE: May 4, 2010 ITEM TITLE: Demand Register Dated May 4, 2010 RECOMMENDATION: Approve Demand Register Dated May 4, 2010 BACKGROUND: Prepaid Warrants: 87049 - 870821 87083} 87084 - 87110} 87111} Voids} Wire Transfers} P/R 36033 - 36044 P/R Tax Transfers} Payable Warrants: 87112 - 87212} FISCAL IMPLICATIONS: Demand of Cash -City Demand of Cash -RDA ae ,N� Demand off Cash - HA John M. Falconer, Finance Director 33,113.06 2,074.25 50,851.93 2,099.07 (42.00) 136,366.86 224,660.46 73,036.14 466,540.52 $988,700.29 $743,343.42 $245,356.87 $0.00 .AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 008 CITY OF LA QUINTA BANK TRANSACTIONS 4/14/10 - 4/27/10 4/16/10 WIRE TRANSFER - ICMA 4/16110 WIRE TRANSFER - PERS 4/2010 WIRE TRANSFER - TASC 4/23110 WIRE TRANSFER - LANDMARK $15,098.37 $14,883.75 $1,530.76 $104,853.98 TOTAL WIRE TRANSFER OUT $136,366.86 �- 009 n o n O 12 0 �? r O m V' O M �1 r •+ N m W N fY m V' m Q m n M a £ ❑z oz w W wz ao a tow hz rZ1w 1 ZN I �Q � a t ♦ � t x * t IK O QC' Or�1nN 00 00 mm OMMMI'lo,NW Op 00 rr 00 rr 00 �Tv "-Ir q \ 1 OMQbQ 00 00 mm 011l In lO V'NMOrNm 00 00 rr OO rr 00 V)KI rIP U I W I .. 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Z Q 0_ \ W Q 1- Q .t w y J O LL Q �o r 0 no r za w o a z x a w � r z 0 O oz U U a Y w z Q a ow. a Ya O U O • U W 2 2 U (0 Y N Z tY U o a� v z Z w H P £ OO - U 0 M Q 0 2 W LL � Z J o a w n J D Q DWOO U O wz 2 Z o Z 2 0 W U O O Q � > > Y N r O \ J Z > rPr � iC .t £ • N O COQ � J � w W W£LL OU e0 zao Z. o az oY o>Z in w i zz mwo w o o_ n.0 > � o 046 a0 U' O ra o zz � r N o¢ v ws Sr caw Qw Qm z a= \ O U 2 N r o 0 a w s s w m s z z N W Z U Q V rr d' O or v > oZ z r m r� Vl M a J W a > a r U W W K o Q Q Q O Z q d N K Y M O U Z Q Ow W \ ZYf Z r Wu H o K N > Q O LLJ OiC Om W u o JW NU m a r W b U Q 2 m q mu O no mw a ¢� z v r Z N 2 W W o r J > O O m O O O Q W O a •r o Qa OQ \ JW •o 0 a o LL N W \ or M o z o0 0 > O ro o r•. U K N � r o w v O m U d' = U O LL M 2 Y U r W Z Na Q 2 o m U OX7, M U O o q U. o O aaa aw > m o U U U N P N Z Z Z Y W Y o I!1 N\QaQ � mq d' � O e W v M 2 N •• u v 0 0 o .. O O o w > w o W W o a r o a o N z \ � 2 m m . \ 2 N M H N N> Nm W�QQQwz.wwl Z NLL \M WZ'+WW QZ I\ .0 mO rr - CO .0 eo muWWO, r.+ eo �uwwgl r r w •• Z<Mun i d oU w2 Qouoi oeM za a s Q O 4 d a I ow Z U r aceo o >>> , M WO 1' 000, CW Z 4m U' w1'wOCwO - rO it as wco c� 04) T"dr^F4R" COUNCIL/RDA MEETING DATE: May 4, 2010 ITEM TITLE: Approval of Award of Contract with Vintage Associates, Inc. for the Park Landscape Maintenance Services, Project No. 2009-20 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Award a contract to Vintage Associates, Inc. for the Park Landscape Maintenance Services, Project No. 2009-20, in the amount of $388,380 and authorize the City Manager to execute the Agreement (Attachment 1). FISCAL IMPLICATIONS: Funding for the contract is being proposed in the Fiscal Year 2010-201 1 budget as follows: 101-3005-451.34-04 Parks $352,080 101-7004-431.34-04 Landscape and Lighting District $24,480 101-3004-451.30-96 Library $6,720 101-3006-451.34-04 Museum $5,100 Funding will be available upon City Councils approval of the Fiscal Year 2010-201 1 budget. CHARTER CITY IMPLICATIONS: The Park Landscape Maintenance Services Contract is funded through the General Fund, the Landscape and Lighting District Fund, and the Library Fund; therefore, prevailing wages are not required for this contract. BACKGROUND AND OVERVIEW: On February 16, 2010, the City Council approved the Bid Documents & Specifications, and authorized staff to advertise for bid the Park Landscape Maintenance Services for Fiscal Year 2010-201 1, Project No. 2009-20. 048 As per the approved specifications, a mandatory pre -bid conference was held on Thursday, March 18, 2010. Twelve contractors attended the conference. During the two-hour conference the Bid Documents & Specifications were reviewed. The contractors were informed that in order to qualify, the contractor must have a minimum of five years experience handling municipal or commercial landscape maintenance with a minimum of $300,000 per contract annually. As part of the qualifications, the contractors also needed to provide a staff member who possesses a State Pesticide Applicators License (QAL), a staff member who is a Certified Arborist, and a staff member who is certified in the Operation of Maxicom systems (The City's computer irrigation control). The Bid Documents & Specifications further stated that the Award of the Contract will be based on the following: A. The Contractor has demonstrated competence for this scope of work. B. The Contractors ability to provide adequate supervision and crew. C. The lowest responsive bidder. D. The Contractors references. E. The Contractors ability to provide proof of required QAL, Certified Arborist, and Certified Maxicom personnel. F. Contract Labor Summary. G. The Contractors Facilities and Equipment. H. Local Contractors preference of 2%. At the April 1, 2010 bid opening, eight bids were received for the Park Landscape Maintenance Services contract. The bid rankings from low to high based upon price alone and without regard to qualifications were: 1. Excel Landscape $342,444 2. Kirkpatrick Landscape $344,520 3. Pinnacle Landscape $387,660 4. Vintage Associates $388,380 5. Gothic Landscape $439,344 6. Mariposa Landscape $496,572 7. Sierra Landscape $555,026 8. Azteca Landscape $568,284 Due to the City Council approved 2% preference for local contractors; the rankings based solely on price as adjusted per the local preference were as follows: 1. Kirkpatrick Landscape 2. Excel Landscape 3. Vintage Associates 4. Pinnacle Landscape 5. Gothic Landscape 6. Mariposa Landscape 7. Sierra Landscape 8. Azteca Landscape 049 Staff then attempted to verify Kirkpatrick Landscape qualifications to perform the Parks Landscape Maintenance Service. Staff found that Kirkpatrick, who had the La Quinta Landscape and Lighting District maintenance services contract from October 2005 to June 2009, did not currently hold the required Maxicom Certification. Excel Landscape was the next lowest bidder. Excel had requested local contractor preference but due to lack of documentation to support their claim of being a locally established business, their request was denied, but they nonetheless remained the second lowest bidder even without the local preference. Excel was able to provide all three required certifications as well as relevant experience. Unfortunately, all three certificated personnel were based out of Corona and would not be able to serve the City of La Quinta. Excel was given the opportunity to accept the contract if Excel stationed the certificated personnel in the Coachella Valley; it declined and withdrew its bid. Vintage Associates was the third ranked bidder based solely on price as adjusted per the local preference. Like Excel, Vintage was able to provide all three required certifications as well as relevant experience. Vintage is a local (Bermuda Dunes) business and has held the Parks Landscape Maintenance Services contract for the City of La Quinta since 2005. Therefore, staff recommends awarding the contract for the Park Landscape Maintenance Services, Project No. 2009-20 to Vintage Associates, Inc. in the amount of $388,380. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Award a contract to Vintage Associates, Inc. for the Park Landscape Maintenance Services, Project No. 2009-20, in the amount of $388,380 and authorize the City Manager to execute the Agreement; or 2. Do not award a contract to Vintage Associates, Inc. for the Park Landscape Maintenance Services, Project No. 2009-20, in the amount of $388,380; or 3. Provide staff with alternative direction. Respectfully submitted, Aga Edie Hylton Community Services Director 050 Attachment: 1. Agreement Approved for submission by: r; <4Z4 j/�/� ' Thomas P. Genovese, City Manager 051 ATTACHMENT 1 SECTION 1300 AGREEMENT THIS AGREEMENT made and entered into this day of , 2010, by and between the CITY OF LA QUINTA, CALIFORNIA, a Municipal Corporation, hereinafter designated as "CITY" and VINTAGE ASSOCIATES, INC. hereinafter referred to as "CONTRACTOR." WITNESSETH: WHEREAS, on February 17, 2010, CITY invited bids for landscape maintenance services for CITY maintained properties per specifications; and WHEREAS, pursuant to said invitation, CONTRACTOR submitted a bid, which was accepted by CITY for said services. NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: A. TERMS OF AGREEMENT: This Agreement shall be from the date this Agreement is made and entered, as first written above, until June 30, 2011, or such later date as may be agreed between parties. B. CITY'S OBLIGATIONS: For furnishing services, as specified in this Agreement, CITY will pay and CONTRACTOR shall receive in full compensation, therefore, the annual sum not to exceed Three Hundred Eighty -Eight Thousand Three Hundred Eighty Dollars ($388,380), as required in the bid documents and adopted by the CITY. C. CONTRACTOR'S OBLIGATIONS: For, and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by CITY, CONTRACTOR agrees with CITY to furnish the services and to do everything required by this Agreement and the said specifications. D. INDEMNIFICATION. Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties' option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in connection with this Contract or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including, but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, 052 1300-1 employees, or subcontractors; 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise; 3. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and 5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, Occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), (4) and (5). Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnified Party. However, without affecting the rights of City under any provision of this agreement, Contractor 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 Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor 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 here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this agreement or this section. This indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this .: 053 1300-2 Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnified Parties' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 1340-1 .0, Indemnification. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. E. AMENDMENTS: Any amendment, modifications, or variation from the terms of this Agreement shall be in writing. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing and signed by both parties. F. TERMINATION: If, during the term of this Agreement, CITY determines that CONTRACTOR is not faithfully abiding by any term or conditions contained herein, CITY may notify CONTRACTOR in writing of such defect or failure to perform; which notice must give CONTRACTOR a ten-day notice of time thereafter in which to perform said work or cure the deficiency. If CONTRACTOR has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such shall constitute a break of this Agreement and CITY may terminate this Agreement immediately by written notice to CONTRACTOR to said effect. Therefore, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligations of said CONTRACTOR'S surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, CONTRACTOR shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received CITY'.S Notice of Termination, minus any offset from such payment representing the CITY'S damages from such breach. City reserves the right to delay any such payment, until completion of confirmed abandonment of the project, as may be determined at the CITY'S sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall CONTRACTOR be entitled to receive in excess of the compensation quoted in its bid. G. INCORPORATION BY REFERENCE: The Notice Inviting Bids, the General Bid Terms and Conditions, the Special Bid Terms and Conditions, Bid Submission Form(s), and the Bid Specifications, are hereby incorporated in and made a part of this Agreement. H. COMPLETE AGREEMENT: This written Agreement, including all writings specifically incorporated hereby in reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be or any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. I. ANTI -DISCRIMINATION: In the performance of the terms of this Agreement, CONTRACTOR agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. J. AUDIT: CITY shall have the option of inspection and/or auditing all records and other written materials used by CONTRACTOR in preparing its statements to CITY as a condition precedent to any payment to CONTRACTOR. 054 1300-3 K. NOTICE: All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: CITY: City of La Quinta Attn: Steve Howlett P.O. Box 1504 La Quinta, CA 92247-1504 (760) 777-7026 CONTRACTOR: Vintage Associates, Inc. Attn: Gregory Gritters 78755 Darby Road Bermuda Dunes, CA 92203 (760) 772-3673 L. LITIGATION COSTS: In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. M. AUTHORITY TO EXECUTE AGREEMENT: Both CITY and CONTRACTOR do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. 055 1300-4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement at La Quinta, California, the day and year first above written. "CITY" CITY OF LA QUINTA, CALIFORNIA A Municipal Corporation Thomas P.-Genovese, City Manager ATTEST: Veronica Montecino, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. Katherine Jenson, City Attorney "CONTRACTOR" M Name: Title: Dated: Dated: 0/0 "CONTRACTOR" (If corporation, affix seal) 'M" J 056 1300-5 T'itf 4 4 a" COUNCIL/RDA MEETING DATE: May 4, 2010 ITEM TITLE: Approval of Amendment No. 1 to Communications Site Lease Agreement with TowerCo Assets, LLC, a Delaware Limited Liability Company, for Installation and Co -location of Antennas on a Cell Tower at Fire Station 70 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: A STUDY SESSION: PUBLIC HEARING: Approve Amendment No. 1 to Communications Site Lease Agreement with TowerCo Assets, LLC, a Delaware limited liability company (TowerCo) for installation and co - location of antennas on a cell tower at Fire Station 70. FISCAL IMPLICATIONS: TowerCo will pay $3,000 a month in rental fees, which will be increased by three percent annually for inflation. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The project site, located at the southwest corner of Madison Street and Avenue 54 is improved as the Riverside County Fire Department (RCFD) facility, Station 70 (Attachment 1). The station was constructed in 1986; the property owner is the City of La Quinta. In 2004, Nextel Communications ("Nextel" or "Tenant") received a Conditional Use Permit approval to establish a sixty (60) foot high monopalm antenna and associated unmanned accessory structures on the site. Nextel assigned all its rights, title and interest to TowerCo on September 23, 2008. The attached lease amendment is with TowerCo Assets, LLC who is requesting to enter into a sublease agreement with Royal Street Communications to install and co - locate six (6) panel antennas, and associated unmanned equipment on the existing monopalm telecommunication tower. Royal Street Communications received a Conditional Use Permit from the Planning Commission on September 8, 2009 to install and co -locate on the existing monopalm tower. The monopalm tower will not interfere with fire department operations. The proposed lease amendment (Attachment 1) is for five years with the option to extend for three successive five-year periods. The proposed lease was negotiated through the City Manager's Office. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Amendment No. 1 to Communications Site Lease Agreement with TowerCo for installation and co -location of antennas on a cell tower at Fire Station 70; or 2. Do not approve Amendment No. 1 to Communications Site Lease Agreement with TowerCo for installation and co -location of antennas on a cell tower at Fire Station 70; or 3. Provide staff with alternative direction. Respectfully submitted, Bret M. Plumlee Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. First Amendment to Communications Site Lease Agreement (Ground) (-b8 ATTACHMENT 1 FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT (GROUND) THIS FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT (GROUND) ("First Amendment") is entered into as of the latter of the signature dates below by and between CITY OF LA QUINTA, a municipal corporation ("Landlord") and TOWERCO ASSETS LLC, a Delaware limited liability company ("Tenant'). RECITALS A. Landlord entered into that certain Communications Site Lease Agreement (Ground) dated December 7, 2005, with Ncxtcl of California, Inc., a Delaware corporation, d/b/a Nextel Communications ("Sprint/Nextel") (the "Original Agreement'), for certain real property and easements (collectively, the "Original Premises"), which are a portion of that certain parcel of real property owned by Landlord located in the County of Riverside, State of California, (the "Land"). B. Sprint/Nextel assigned all its right, title and interest in, to and under the Agreement to Tower Entity 7 LLC ("Tower Entity"), by that certain Assignment and Ground Lease dated September 23, 2008 ("Assignment'). Thereafter, Tower Entity was acquired by and merged into Tenant. C. The Assignment was recorded in the Official Records of the County of Riverside, State of California, as Document No. 2009-0083028, on February 20, 2009, D. The Original Agreement was memorialized by that certain Memorandum of Agreement recorded in the Official Records of the County of Riverside, State of California, as Document No. 2009-0142306, on March 24, 2009. E. Tenant desires to increase the size of the Original Premises for the purpose of subleasing space to Royal Street Communications California, LLC ("RSC"), and Landlord agrees to such increase and consents to such sublease, all in accordance with the terms and conditions as set forth below. NOW, THEREFORE, for and in consideration of the promises and mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the patties hereby agree as follows: I. Prendses. The total square footage leased by landlord to Tenant pursuant to the Original Agreement is hereby increased by Two Hundred Twenty Seven (227) square feet ("Additional Premises") for the purpose of accommodating the equipment of RSC at the Premises (the Original Premises and the Additional Premises are collectively hereinafter referred to as the "Premises.") Following the acquisition of the Additional Premises, the total aggregate square footage of the Premises shall be equal to approximately One Thousand Twenty Seven (1,027) square feet. CANN - PGA West - Fire Station 70 First Amendment Page I ntia043970 �M►� 2. Exhibit B. Exhibit B to the Original Agreement is hereby supplemented by Exhibit B-I attached hereto. 3. Sublease. Landlord hereby consents to "Tenant entering into a sublease of a portion of the Premises with RSC. 4. Emergency Generator. So long as it complies with all applicable local, state, and federal taws, including the City of La Quinta's Noise Ordinance, Tenant shall have the right, at its sole option, to install and use for emergency proposes only, at the Premises, a stand-by power generator of the type and kind determined solely by Tenant, in connection with Tenant's communications facilities. Tenant shall utilize a stand-by power generator which is rated for low decibel emission levels relative to its service classification. 5. Use and Governmental Approvals on Additional Premises. Tenant shall use the Premises for the purpose of constructing, maintaining and operating, among other Tenant Facilities, a sixty foot high monopole antenna and wireless communications facilities and associated uses and appurtenances necessary for the operation of said wireless communications facilities. A screening fence consisting of CMU block construction or similar but comparable construction may be placed around the perimeter of the Premises with approval from the City. Both parties acknowledge that the landscaping and irrigation, as further described and depicted in Exhibit "A", shall be installed, irrigated, owned, and maintained by Landlord, and will become part of the Premises. Before commencing any subsequent alterations to the Property, Tenant shall submit plans and specifications to Landlord for Landlord's written approval, which approval shall not be unreasonably withheld, conditioned or delayed. In the event Landlord does not either (i) object to the plans in writing or (ii) furnish Tenant with written approval, within thirty (30) calendar days of the date of submission of the plans, Landlord will be deemed to have approved them. All work to be done by Tenant shall be performed in accordance with the approved plans unless a modification thereto is otherwise approved in writing by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant will maintain the Premises in a good condition, reasonable wear and tear excepted. 6. Rent. As consideration for the Additional Premises, the Rent shall be increased to an amount equal to Three Thousand and no/100 ($3,000.00) per month, effective as of the earlier of (i) the date construction commences within the Additional Premises or (ii) one hundred eighty (180) days from the date of this First Amendment. The Rent, as increased hereby, shall continue to increase pursuant to the terms of paragraph 4(b) of the Original Agreement. 7. Liability and Indemnity. Section 14 of the Original Agreement is replaced in full with the following provision: Landlord and Tenant shall each indemnify, defend and hold the other harmless from and against all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' and consultants' fees, costs and expenses) (collectively "Losses") arising from the indemnifying party's breach of any term or condition of this Agreement or from the negligence or willful misconduct of the indemnifying party's agents, CA2304- PGA W<Kt - Fhe Station 70 Fim Amendment Page 2 DNI-7043970 660 employees or contractors in or about the land. The duties described in this Paragraph 14 shall apply as of the Commencement Date of the Original Agreement and survive the termination of this Agreement. Neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 3. Termination. Paragraph (a)(3) is added to Section 19 of the Original Agreement as follows: (it)(")) By Landlord if reasonably necessary to protect the public health, safety, or welfare of the immediately surrounding community. 9. Termination. The last sentence of Paragraph 6(a) is deleted from the Original Agreement, and the following Paragraph (c) is added to Section 19 of the Original Agreement as follows: (e) Tenant, upon termination of the Agreement, shall, within ninety (90) days, remove its building (including footings to a depth of three (31 feet), fixtures and all personal property and otherwise restore the Premises to its original condition, reasonable wear and tear and casualty excepted. Landlord agrees and acknowledges that all of the equipment, fixtures and personal property of the Tenant shall remain the personal property of the Tenant and the Tenant shall have the right to remove the same, whether or not said items are considered fixtures and attachments to real property under applicable law. If such time for removal causes Tenant to remain on the Premises after termination of this Agreement, Tenant shall pay rent at the then existing monthly rate until such time as the removal of the building, antenna structure, fixtures and all personal property are completed, for a maximum ninety (90) days following termination of the Agreement or for a longer term as stipulated by written mutual consent by both Landlord and Tenant. 10. Integration. It is agreed and understood that this First Amendment, together with the Original Agreement contains all agreements, promises and understandings between Landlord and Tenant and that no verbal or oral agreements, promises or understandings shall be binding upon either Landlord or Tenant in any dispute, controversy or proceeding at law, and any addition, variation or modification to this First Amendment and/or the Original Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of this First Amendment or the Original Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this First Amendment and the Original Agreement. The failure of either Party to insist upon strict performance of any of the terns or conditions of this Agreement or to exercise any of its rights under this First Amendment or the Original Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action CA2304 - PGA West -- Fin• Smtion 70 Fine Amendment Pate 3 D.iJ033970 L 6 as may be lawful and authorized under this First Amendment and/or the Original Agreement, either in law or in equity. l I Tnses. Section 8 of the Original Agreement is replaced in full with the following provision: Tenant shall pay as additional rent any documented increase in real estate taxes levied against the leased Property which are directly attributable to the improvements constructed by Tenant. Landlord shall provide to Tenant a copy of any notice. assessment or billing relating to real estate taxes for which Tenant is responsible under this Agreement within thirty (30) days of receipt of the same by Landlord. Tenant shall have no obligation to make payment of any real estate taxes until Tenant has received the notice, assessment or billing relating to such payment as set forth in the preceding sentence. In the event Landlord tails to provide to Tenant a copy of any real estate tax notice, assessment or billing within the thirty (30) day period set forth herein, Tenant shall be relieved of any obligation or responsibility to make payment of real estate taxes referred to in the notice, assessment or billing which was not timely delivered by Landlord to Tenant. Tenant shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any real estate tax assessment or billing for which Tenant is wholly or partly responsible for payment under this Agreement. Landlord shall reasonably cooperate with Tenant in filing, prosecuting and perfecting any appeal or challenge to real estate taxes as set forth in the preceding sentence, including but not limited to, executing any consent to appeal or other similar document. 'Tenant is hereby notified that any property interest deemed to have been created by or as a result of this First Amendment or by the Original Agreement may be subject to property taxation, and that Tenant may be subject to the payment of property taxes levied on the interest. 12. Insurcuue. Paragraph 12(a) of the Original Agreement is replaced in full with the following provision: (a) Tenant, at Tenant's sole cost and expense, shall procure and maintain on the Premises and on the Tenant Facilities, bodily injury and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Tenant, its employees and agents arising out of or in connection with Tenant's use, disuse, occupancy and maintenance of the premises and all improvements located thereon. Landlord shall be named as an additional insured on Tenant's policy using ISO endorsement CG 20 11 with an edition date prior to 2004, or equivalent. Tenant agrees to provide evidence of the insurance required herein, satisfactory to Landlord, consisting of: a) eertificate(s) of insurance evidencing all of the coverages required and; b) an additional insured endorsement to Tenant's general liability policy using ISO endorsement form CG 20 11 with an edition date prior to 2004, or equivalent. Tenant agrees, upon CA2804 - PGA \Nest - Fire Stntiun 70 First .Amendment Pa-c 4 0 6 2 DW7047970 •ew' request by Landlord, to provide complete, certified copies of any policies required within 10 days of such request. Any actual or alleged failure on the part of Landlord to obtain proof of insurance required raider this Agreement in no way waives any right or remedy of Landlord, in this or in any other regard. 13. Goreridng Law and Choice of Foram. Section 20(t) of the Original Agreement is replaced in full with the following provision: This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California and City of La Quinta. Any dispute arising under or relating to this Agreement shall be commenced and tried in the state or federal courts located in the State of California, County of Riverside. 14. Assignment. Section 15 of the Original Agreement is replaced in full with the following provision: This Agreement may be sold, assigned or transferred by the Tenant without any approval or consent of the Landlord to the Tenant's parent, Tenant's affiliates, subsidiaries of its principal; to any entity which acquires all or substantially all of Tenant's assets in the market defined by the FCC in which the Premises is located by reason of a merger, acquisition or other business reorganization; or to any entity which acquires or receives an interest in the majority of communication towers of the Tenant in the market defined by the FCC in which the Premises is located. Said assignment shall require that assignee assume all of Tenant's obligations herein and upon such assignment, Tenant shall be relieved of all future performance liabilities and obligations under this Agreement. Tenant shall deliver written notice to Landlord of any such assignment within a reasonable time, consisting of not less than thirty (30) days following such assignment. As to other potential purchasers, assignees, or transferees this Agreement may not be sold, assigned or transferred without the written consent of the Landlord, which such consent will not be unreasonably withheld, conditioned, or delayed. This Agreement shall run with the land and, provided approvals to assignments are obtained (if required) and notices are provided in accordance with this paragraph, shall be binding upon and inure to tlhe benefit of the parties, their respective successors, personal representatives, heirs and assigns. Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or consent its interest in this agreement to any financing entity, or agent on behalf of any financing entitty to whom Tenant (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 15. Notices. The addresses set forth in Section 20(e) of the Original Agreement arc deleted and replaced with the following: CA2804--PGA WCNt Fire Station 70 First Amendment pave i DNI-704397r9 p 6 3 All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier: LESSOR: City of La Quinta 78-495 Carle Tampico La Quinta, California 92253 Attn: Assistant City Manager, Management Services Phone: (626) 357-7931 LESSEE: TowerCo Assets LLC 5000 Valleystone Drive Cary, NC 27519 Phone: (919) 469-5559 Attn: Property Management Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 16. Agreement in Full Force. All terms and conditions of the Original Agreement that are not expressly modified by this First Amendment shall remain in full force and effect, and, in the event of any inconsistencies between this First Amendment and the terms of the Original Agreement, the terms set forth in this First Amendment shall govern and control. Except as expressly amended hereby, the Original Agreement shall remain in full force and effect as of the date thereof. 17. Counterparts. This First Amendment may be executed in one or more counterparts which shall be construed together as one document. 18. Defined Terms. Unless otherwise defined, all defined terms used in this First Amendment shalt have the meanings ascribed to them under the Agreement. 19. Successors and Assigns. Upon full execution by Tenant and Landlord, this First Amendment (i) shall be binding upon and shall inure to the benefit of each of the parties and their respective successors, assigns, receivers and trustees; and (ii) may be modified or amended only by a written agreement executed by each of the parties. 20. Non -Binding Until Fully Etecuted. This First Amendment is not and will not be binding on either party until and unless it is fully executed by both patties. 21. Memorandum of Lease. Landlord agrees to execute and deliver a memorandum of this First Amendment and the Original Agreement within ten (10) business clays of Tenant's request and provision of a draft Memorandum of Lease to Landlord. Landlord shall cooperate with Tenant to allow Tenant to record this First Amendment and Original Agreement in the official land records of the County of Riverside. [SIGNATURES APPEAR ON THE FOLLOWING PAGES.] CA2804 - PGA West - Fire Station 70 Firt Amendment DPage6 0.64 ht-7UJ397v9 ,Na �J IN WITNESS WHEREOF, the parties have executed this First Amendment as of the day and year first above written. LANDLORD: CITY OF LA QUINTA, a municipal corporation By: — Name: Title: Date: TENANT: TOWERCO ASSETS LLC, a Delaware limited liability company Name: Michael P. MacPherson Its: Vice President Date:'�� l) [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.] CA-1304 — PGA West — Fire station 70 First Amendment Page 7 DM-7043970 G 6 J •Nr � - EXHIBIT B-1 PREMISES An approximately One Thousand Twenty Seven (1,027) square foot portion of the Land, and all access and utility easements, as depicted on the following two pages. CA2804 - PGA Weit - Fire Simtion 70 Fiist :Amendment Page oiM-7t„3t,70 G 6 6 1 N't, 55 -TIR �i . . ..... ........ . ......... Ile I yz� �mm lot 2 Am 2 T! LI A MW 15! R w! 1 TL ,A .0 too . . . . . . . . . . in RAW W- WINjV 114 too. A me w 91 to lip it pin a Not, Of, !1 lot SP 1! UR cal ............. aw minnow I a 6 % OTT; I RUom a %a{ly All l was ;eoahiin T a A m" ---:1 C16 7 Asa arc H OF COUNCIL/RDA MEETING DATE: May 4, 2010 ITEM TITLE: Approval of Amendment No. 1 to the Professional Services Agreement with Traffex Engineers, Inc. for Contract City Traffic Engineer Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 154 STUDY SESSION: PUBLIC HEARING: Approve Amendment No. 1 of Professional Services Agreement (PSA) with Traffex Engineers, Inc. to provide contract city traffic engineer services from July 1, 2010 through June 30, 2011, for an amount not to exceed $156,600 (Attachment 1) and authorize the City Manager to execute the Amendment. FISCAL IMPLICATIONS: The proposed Fiscal Year 2010-2011 budget contains $156,600 in account number 101-7006-431 .32-08 for contract city traffic engineer services. Under the proposed Amendment No. 1 to the PSA with Traffex Engineers, Inc., Section 2.1 Contract Sum will be amended to reflect a not to exceed amount of $156,600 for the extended one year term starting July 1, 2010 through June 30, 2011 . CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City entered into a PSA with Traffex Engineers, Inc. for contract city traffic engineer services on July 1, 2009 (Attachment 2), which expires on June 30, 2010. Section 3.4 of the current PSA allows for an extension of the term for one additional year, upon mutual agreement by both parties. The City reserves the right to terminate the agreement at any time upon thirty (30) days' written notice to Consultant. .0. 069 The City and Consultant wish to enter into Amendment No. 1 to the original PSA in order to: 1) extend the term of the agreement for one (1) additional year; 2) update the insurance language; and 3) update the scope of work in Exhibit A and schedule of performance in Exhibit C. The Consultant has not requested an increase in fees for services. As the City's Traffic Engineer, Nazir Lalani of Traffex, has done an excellent job supporting various City departments including Public Works with technical review and operational improvements to the City's transportation system. Staff, therefore, recommends approval of this contract amendment. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve Amendment No. 1 of PSA with Traffex Engineers, Inc. to provide contract city traffic engineer services from July 1, 2010 through June 30, 2011, for an amount not to exceed $156,600 and authorize the City Manager to execute the Amendment.; or 2. Do not approve Amendment No. 1 of PSA with Traffex Engineers, Inc. to provide contract city traffic engineer services from July 1, 2010 through June 30, 2011, for an amount not to exceed $156,600 and do not authorize the City Manager to execute the Amendment; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. Jonaesr, P.E. Public Wor Di or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager �. 070 Attachments: 1 . Amendment No. 1 to PSA with Traffex Engineers Inc. for Contract City Traffic Engineer Services 2. Professional Services Agreement (PSA) with Traffex Engineers, Inc. for Contract City Traffic Engineer Services 071 ATTACHMENT AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH TRAFFEX ENGINEERS, INC. FOR CONTRACT CITY TRAFFIC ENGINEER SERVICES THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH TRAFFEX ENGINEERS, INC. FOR CONTRACT TRAFFIC ENGINNEER SERVICES ("Amendment No. 1 ") is made and entered into as of the 4' day of May, 2010 ("Effective Date"), by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Traffex Engineers, Inc. (Consultant"). RECITALS A. On or about March 17, 2009, the City and Consultant entered into a Professional Services Agreement (PSA) for contract city traffic engineer services. The term of this original agreement is July 1, 2009 through June 30, 2010. B. Pursuant to Section 3.4 of the original PSA, the City and Consultant may extend the term of the agreement for one (1) additional year (extended term) upon mutual agreement by both parties. C. Consultant and City now wish to amend the original PSA to extend the term for one (1) additional year, update the insurance and indemnification language, and update scope of work in Exhibit A and Schedule of Performance in Exhibit C. AMENDMENT: In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: Section 2.1 of the original PSA is replaced, in its entirety, with the following: 2.1 Contract Sum. For the Services rendered pursuant to the extended term (July 1, 2010 through June 30, 2011) of this Amendment No. 1 Consultant shall be compensated in accordance with Exhibit B (the Schedule of Compensation) in a total amount not to exceed One Hundred Fifty -Six Thousand Six Hundred Dollars ($156,600) (the Contract Sum) except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion payment in accordance with the percentage of completion of the Services payment for time and materials based upon Consultant rate schedule but not exceeding the Contract Sum or such other methods as may be specified in the Schedule of Compensation Consultant is responsible for payment of any reproduction costs transportation expense telephone expense and similar costs and expenses associated with performance of the provisions of this Agreement. Section 3.4 of the original PSA is replaced, in its entirety, with the following: 3.4 Term. The term of this Amendment No. 1 to Professional Services Agreement with Traffex Engineering, Inc. for contract city traffic engineer services shall commence on July 1, 2010 and terminate on June 30, 2011- Unless earlier terminated in accordance with Sections 7.7 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. Section 5.0 of the original PSA is replaced, in its entirety, with the following: 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) w.. 073 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. 5.2 Indemnification. a. General Indemnification Provisi .,.....) 074 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set ,....'1 015 forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: GJb a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using'standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion No.. 077 for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 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 078 other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 079 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. Exhibit A - Scope of Services of the agreement is replaced, in its entirety, with the following: Consultant shall provide contract city traffic engineering services for the City to include, but not be limited to, the following: 1) Indentify and develop solutions for and advise City staff on addressing and responding to citizen requests. 2) Provide technical assistance for traffic signal design and operations. 3) Develop traffic and parking control signage and marking plans. 4) Develop alternative traffic calming plans to address neighborhood traffic issues. 5) Review and comment on development site plans (including but not limited to: environmental impact reports and impact studies, sight distance �ao...r 080 compliance, and other traffic related issues) and advise City on possible solutions. 6) Attend meetings with the Planning staff to address issues associated with development projects. 7) Attend City Council and Planning Commission meetings, if requested. 8) Review and approve work zone traffic control plans. 9) Assist in finalizing APWA self assessment tasks and department policies and procedures. 10) Review traffic collision and other police reports and advise City staff on traffic issues involved. 1 1) Assist City in preparing the Annual Traffic Safety Report. 12) Implement mitigation measures identified in the Annual Safety Report. 13) Assist in the preparation of grant applications for funding capital projects. 14) Provide input during the preparation of the Traffic section's annual operating budget and the Capital Improvement Program budget. 15► Work with adjacent cities to coordinate traffic flow along shared corridors such as Washington Street, Jefferson Street, Highway 111 and Fred Waring Drive. 16) Assist City in preparing & updating traffic informational brochures for the public. 17) Assist City's Traffic Signal Technician with signal timing and signal communications, central computer signal system, data collection, report preparation and signal/striping plan layout and plan check. 18) Provide technical input to the Assistant Engineer with signing and striping changes, issuing work orders to address citizen requests, signal equipment upgrades and parts, collision analysis, speed limits, traffic volume data. This Scope of Services may be amended upon mutual agreement of the City and Consultant, pursuant to the terms and conditions of the foregoing Section 1.6 Exhibit C —Schedule of Performance of the agreement is replaced, in its entirety, with the following: The contract period shall be July 1, 2010 through June 30, 2011, unless amended by the City. 1. Complete draft of Annual Safety Report by mid -July of each year and implement safety improvements identified in the report based on funding availability. 2. Develop new signal timing to synchronize the signals for Eisenhower Drive, Miles Avenue, Adams Street, Fred Waring Drive, Highway 111, and connect the system to the City's Aries Central Computer System by June 30, 2011. 11 Sao-, 081 3. Complete night time inspection of all regulatory and warning signs on public streets for adequate retro reflectivity by June 30, 2011. IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 1 to the Professional Services Agreement (PSA) with Traffex Engineers, Inc. for contract traffic engineer services on the respective dates set forth 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: Traffex Engineers, Inc. v Name: Nazir Lalani, President Date: �1a8� lu 082 ATTACHMENT PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Traffex Engineers, 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 Traffic Engineering Services, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "Services" or "Work"). Consultant warrants that all Services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such Services. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the Services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the Work to be performed, (b) it has investigated the site of the Work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the Work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the Work or as represented by City, Consultant shall immediately inform City.of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the Work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by City, except such losses or 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 083 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 may be asked to perform services in addition to those specified in the Scope of Services. Any such request to perform additional services shall be accomplished by a mutually agreed upon amendment to the Scope of Services, and shall not necessitate an amendment to this Agreement. Additional compensation for the requested additional services not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed One Hundred Fifty -Six Thousand, Six Hundred Dollars ($156,600.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Consultant is responsible for payment: of any reproduction costs, transportation expense, telephone expense, and similar costs and expenses associated with performance of the provisions of this Agreement. 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 Consultant employee who has provided Services and the number of hours assigned to each such Consultant employee. 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 102...9 084 City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. The term of this Agreement shall commence on July 1, 2009 and terminate on June 30, 2010 (Initial Term). This Initial Term may be extended for one additional year upon mutual agreement by both parties (Extended Term). Unless earlier terminated in accordance with Sections 7.7 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 principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Work specified herein and make all decisions in connection therewith: Nazir Lalani, P.E. a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principal was a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal 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. p85 �a..v The foregoing principal may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Assignment. The experience, knowledge, capability and reputation of Consultant, its principal and employees were a substantial inducement for City to enter into this Agreement. Accordingly, Consultant shall not assign any of the Services required hereunder, or delegate the performance of any of his duties hereunder, without the prior written consent 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 consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the Services required herein, except as otherwise set forth. Consultant shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City C000eration. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to Services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the Services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: yam., I f 086 Contract Sum Personal Iniurv/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the Services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. .a....Q O87 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in 'part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional Services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this Agreement, 088 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 5.2(b)(3) below. 2. Scope of Indemnification. To the; fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop Work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or �.:' 089 property resulting from Consultant's or its subcontractors' performance of Work under this Agreement. 5.4 General Conditions pertaining to Provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the Agreement 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. 091 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer progress reports concerning Consultant's performance of the Services required by this Agreement. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such Services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times during regular business hours, 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, to the extent permitted by law, be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disoutes. 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 .u.." 093 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 pursuant to Section 7.7. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the Services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement_ City reserves the right to terminate this Agreement upon Consultant's default or failure to perform the duties or obligations imposed by the terms of this Contract, 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. 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. 094 7.8 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City' shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: To Consultant: CITY OF LA QUINTA TRAFFEX ENGINEERS, INC. Attention: Thomas P. Genovese Attention: Nazir Lalani. P.E. City Manager P.O. Box 5784 78-495 Calle Tampico Ventura, California 93005-0784 P.O. Box 1504 Le Quinta, California 92247-1504 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTAA as California municipal corporation Thomas P. Genovese, City Manager Date A TTCCT. APPROVED AS TO FORM: 40"111-'-' - M.Watherine J tAl City Attorney CONSULTANT: Traffex ngnin ers Inc. By: O'C, Name: Nazir Lalaa' Title: President Date: A a-11 p) •a..:J U96 Exhibit A Scope of Services Traffex Engineers, Inc. shall provide traffic engineering services for the City to include, but not be limited to, the following: 1) Identify and develop solutions for and advise City staff on addressing and responding to citizen requests. 2) Provide technical assistance for traffic signal design and operations. 3) Develop traffic and parking control signage and marking plans. 4) Develop alternative traffic calming plans to address neighborhood traffic issues. 5) Review development plans including environmental impact reports and impact studies for, potential traffic issues and advise City on possible solutions. 6) Attend meetings with the Planning staff to address issues associated with development projects. 7) Attend City Council and Planning Commission meetings if requested. 8) Review traffic collision and other police reports and advise City staff on traffic issues involved. 9) Implement mitigation measures identified in the Annual Safety Report. 10) Assist in the preparation of grant applications for funding capital projects. 11) Provide input during the preparation of the Traffic Section's annual operating budget. 12) Provide input during the preparation of the Capital Improvement Program Budget. 13) Work with adjacent cities to coordinate traffic flow along shared corridors such as Washington Street, Jefferson Street, Hwy 111 and Fred Waring Drive. 14) Assist City in preparing informational brochures for the public. 15) If requested, assist City in preparing an annual traffic safety report. 16) Assist City's Traffic Signal Technician with signal timing and signal communications, central computer signal system, data collection, report preparation and signal/striping plan layout and plan check. 17) Provide technical input to the Assistant Engineer assigned to the Traffic Division with signing and striping changes, issuing work orders to address citizen requests, signal equipment upgrades and parts, collision analysis, speed limits, traffic volume data and other work performed by the Traffic Division staff. This Scope of Services may be amended upon mutual agreement of the City and Consultant, pursuant to the terms and conditions of the foregoing Section 1.6. 091 Exhibit A TRAffEX ENGINEERS, INC. P. O. Boa 5784, Ventura, CA 93005-0784 Telephone: (805) 647-1725 Mobile Phone: (805) 701-2021 Fax: (208) 330-8572 February 28, 2009 Tim Jonasson Director of Public Works City of La Quinta 78-495 Calle Tampico La Quinta CA 92253-1504 NAZIR LALANI, P.E. PRINCIPAL ASSOCIATE Email: n_Lalanina,hotmad.com Web Site: www.traffexengineers.com Registered Traffic/Civil Engineer California License # 01415/40433 SUBJECT: CONTRACT CITY TRAFFIC ENGINEER SERVICES Dear Mr. Jonasson: Per your request, this letter serves as written confirmation of our verbal discussions regarding my providing Contract City Traffic Engineer services at an increased level starting in July 2009. The specifics of my proposal are as follows: • Contract Traffic Engineering Services will be provided at an average of 80 hours per month. An additional 120 hours will be provided to finalize the Traffic Calming Program for the City, update the Annual Safety Report, write chapters 31 and 32 of the APWA Self Assessment Report, develop and fine tune new signal timing for the Econolite Traffic Signal Controllers based systems that will be put into operation on Hwy 111, Eisenhower Drive and Miles Avenue and to connect them the Aries System. • The total number of contract hours in FY 2009-20010 will be 1080 hours. • The hourly rate would be $145 for the first year with a cost of living increase of 5% per year for the remaining year of the contract. The total contract will be for $156,600 for the first year. • To the extent my services are need for presenting progress reports or provide additional explanations on traffic related issues to the City Council, members of City staff, representatives from the development community, or members of the public, I will make myself available at City Hall. • The City has on file a current business license and the required insurance coverage. If I have not covered any items that you feel should be addressed in my letter, please let me know. Sincerely, Nazir Lalani, P.E. TRANSPORTATION CONSULTANTS 0..._ 0.98 Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all Work under this contract shall not exceed One Hundred Fifty -Six Thousand, Six Hundred Dollars ($156,600) except as specified in Section 1.6 - Additional Services of the Agreement. Professional Staff Principal Schedule of Billing Rates Hourly Rates $145.00 Upon receipt by City and under separate invoice, the Consultant shall provide the traffic engineering support services at the following rates: Support Staff Hourly Rates Engineer $100.00 Drafter/Technician $75.00 Secretary $50.00 ... 099 Exhibit C Schedule of Performance The contract period shall be July 1, 2009 through June 30, 2010, unless amended by the City. 1. Complete draft of the Annual Safety Report by April 1 of each year. 2. Complete all of the tasks outlined in Chapters 31 and 32, and task 9.7 of Chapter 9 in the APWA's Public Works Management Practices Manual, 6" Edition by July 1, 2010 as part of the APWA Self Assessment Process. 3. Finalize Traffic Calming Program by August 1, 2009 and make any additions/revisions as requested by the Public Works Director. 4. Develop new signal timing to synchronize the signals on Hwy 111 and connect the system to the City's Aries Central Computer System by August 1, 2009. 5. Develop new signal timing to synchronize the signals on Eisenhower Drive and connect the system to the City's Aries Central Computer System by December 1, 2009 if the equipment upgrades are included in the 2009- 2010 budget. 100 T4hf 4 4 a" COUNCIL/RDA MEETING DATE: May 4, 2010 ITEM TITLE: Acceptance of a Grant of Easement and Agreement for Roadway Purposes along Avenida Bermudas and Desert Club Drive North of Calle Tampico by Village Resort LLC, a California limited liability company RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: �v CONSENT CALENDAR: .J STUDY SESSION: PUBLIC HEARING: Accept a grant of easement and agreement for roadway purposes along Avenida Bermudas and Desert Club Drive north of Calle Tampico by Village Resort LLC, a limited liability company and authorize the City Manager to sign the certificate of acceptance for the same. FISCAL IMPLICATIONS: None. The City has included maintenance for these street improvements within the operating budget since they were put into service. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 29909, Santa Rosa Plaza, LLC, a California limited liability company, was recorded February 15, 2002. On said map, Desert Club Drive (Lot B) and Avenida Bermudas (Lot A) (Attachment 1) were designated as private streets. However, Condition 8.A. (2) & (3) of the conditions of approval for Tentative Parcel Map No. 29909 required these streets to be public street right-of-way dedications. The improvements were constructed in 2002, however the public right-of-way easements were never recorded. This item formally accepts the easements over the existing roadways as public rights -of -way. 101 To alleviate liability, maintenance, and the tax obligation for the easterly terminus of Avenida Bermudas from Village Resort LLC, a California limited liability company, the City of La Quinta initiated a right—of-way dedication (Attachments 2 & 3). Village Resort LLC desires at this time to dedicate the easement for right-of-way, public street, utility purposes and ancillary uses to the City of La Quinta. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept a grant of easement and agreement for roadway purposes along Avenida Bermudas and Desert Club Drive north of Calle Tampico by Village Resort LLC, a California limited liability company. and authorize the City Manager to sign the certificate of acceptance for the same; or 2. Do not accept a grant of easement and agreement for roadway purposes along Avenida Bermudas and Desert Club Drive north of Calle Tampico by Village Resort LLC, a California limited liability company; or 3. Provide staff with alternative direction. Respectfully submitted, Tothy R. J n s n, P.E. Public Works Di for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Grant of Easement and Agreement — Avenida Bermudas 3. Grant of Easement and Agreement — Desert Club Drive . 102 ATTACHMENT 1 `. NOT TO SCALE PROJECT SITE 103 ATTACHMENT 2 Into RECORDING REQUESTED BY AND RETURN TO: City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92247-1504 " Attn: City Clerk APN: 770-020-034 (Space Above For Recorder's Use) Exempt recording fee pursuant to Govt. Code § 6103. GRANT OF EASEMENT AND AGREEMENT RW-D 2008-071 THIS GRANT OF EASEMENT AND AGREEMENT (hereinafter referred to as the "Agreement") is made this 11[0 day of I , 2010, by Village Resort, LLC, a California limited liability company (hereinafter referred to as the "Grantor"). RECITALS A. WHEREAS, Grantor is the legal owner of a fee interest in certain real property located in the County of Riverside, State of California, commonly known as Lot B of Parcel Map 29909, La Quinta, California, which property is more particularly described in the attached Exhibit C (incorporated by reference herein) (hereinafter referred to as the "Property"); and B. WHEREAS, Grantor desires to grant to the City of La Quinta, a California municipal corporation and charter city (the "City"), an exclusive, perpetual and irrevocable easement in, on, under and across a portion of the Property described in Exhibit A and depicted in Exhibit B (both of which are incorporated herein by this reference) for right-of-way, public street, utility purposes and ancillary uses; and AGREEMENT NOW, THEREFORE, Grantor and City agree as follows: 1. GRANT; DESCRIPTION OF EASEMENT AREA. Grantor grants the City an easement for the purposes listed below on that portion of the Property described on Exhibit A �- and depicted in Exhibit B (the "Easement Area"). 2. PURPOSE. The easement is for an exclusive, perpetual and irrevocable easement in, on, under and across the Easement Area for right-of-way, public street, utility purposes and ancillary uses. 3. DECLARATION OF RESTRICTIONS. Grantor shall retain all normal rights and incidents of ownership of the underlying fee interest in the Property not inconsistent with 2156/015610-0002 824642,01 e04/13/10 • 104 this Agreement. Grantor shall not be bound to undertake any supervision or maintenance of the Easement Area to provide for the public purposes hereunder except for the maintenance of perimeter landscaping, irrigation and pertinent equipment and facilities abutting said property. Grantor must relocate any utilities or other encumbrances located within the Easement Area at Grantor's sole cost and expense if requested by City for use of the Easement Area. Grantor shall be responsible for any hazardous materials or contaminants located in the Easement Area prior to the date of this Agreement. 4. DURATION, SUCCESSORS AND ASSIGNS, RUNS WITH THE LAND. This Agreement shall be binding upon the owner and the heirs, assigns or successors in interest to the Property described above in perpetuity and shall not expire. This Agreement and terms, conditions and restrictions shall run with the land and be binding on the heirs, assigns and successors of the Grantor in the manner provided for herein. 5. TAXES AND ASSESSMENTS. This Agreement, easement and restrictions shall be deemed to constitute a servitude upon and burden to the Property within the meaning of Section 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax -deeded property. 6. COUNTERPARTS. This Agreement may be executed in one or more counterparts, which, taken together, shall constitute one complete and enforceable agreement. [Signatures Contained On Following Page] 2156/015610-0002 824642.01 a04/13/10 -2- Executed this ' yl/' day of 2010, at La Quinta, California. "Grantor" "City" Village Resort, LLC a California limited CITY OF LA QUINTA, a California municipal liability company �% corporation and charter city By: /. �� , By: Name: Alan L. Stinson Title: Executive Vice President Attest: Thomas P. Genovese City Manager Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney .. 106 2156M15610-=2 VA642.01 a04/13/10 -3- STATE OF MONTANA ) ss. COUNTY OF FLATHEAD ) On ajDji; 0 14, 201 Q_ before me, - 0 a notary public,' appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. zhp��l SARAH BELL ' "°?"'��k�`• NOTARY PUBLIGMONTANA SEALl Resttling at Whitet'ish; MonWa ..... ✓,;* My Comm. Expires March 31, 21313 STATE OF CALIFORNIA ) ss. COUNTY OF ) On , before me, a notary public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their siguature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Signature 101 2156/015610-0002 924642.02 n04/13110 -4- (Legal Description of Easement Area Attached) .1. 108 2156/015610-0002 824642.02 e04/13/10 -5- EXHIBIT "A" RIGHT OF WAY DEDICATION RW-D 08-071 AVENIDA BERMUDAS LOT A OF PARCEL MAP NO. 29909 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON MAP ON FILE IN PARCEL MAP BOOK 200, PAGES 84 AND 85, RECORDS OF SAID RIVERSIDE COUNTY. SAID LOT A CONTAINING 0.10 ACRES, MORE OR LESS SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. No. 6687 Emp. 06/30/lD PREPARED BY: D:W MSURVEY17003.0701dwg1RW-D 08-071 AVENIDA BERMUDAS LOT ADdI 20, 40g A.doc Page 1 of 1 DALE KELLEHER LS 6687 EXP 6.30-D8 109 EXHIBIT "A" RIGHT OF WAY DEDICATION RW-D 08-071 AVENIDA BERMUDAS LOT A OF PARCEL MAP NO. 29909 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON MAP ON FILE IN PARCEL MAP BOOK 200, PAGES 84 AND 85, RECORDS OF SAID RIVERSIDE COUNTY. SAID LOT A CONTAINING 0.10 ACRES, MORE OR LESS SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. No. 6687 EqL 06/M/10 PREPARES D BY: ""�" D:VWSURVEY\7003.070Wwg1RW-0 0"71 AVENIDA BERMUDAS LOT her 8. 2009 A.doc Page 1 of 1 DAL H 6687 EXP 630-10 110 EXHIBIT B (Depiction of Easement Area. Attached) III 21561015610-0002 924642.02 "13/10 -6- EXHIBIT "B" i I I I (PARCEL 8 PM 29909 L _ _ PMB 20 I84-85) I � I � I I i Of (N89 59'47"E (PARCEL 4 �, PM 29909 ( (PARCEL 5 32.00') PMB 200/84-65) 1 PM 29909 I a 1 \ PMB 200184-85J _j m LOT C PM 29909 1 PMB 200/84-85 1 �� I I cn 0 0 0.10 AC t I Lu (nQ Q g CD(PARCEL 3 — ( i I PM 29909 v PMB 100/84-85) J I pP2 I (N89"59'22°E r — — — — I I PMB 200/84-85) I I W 2—.00—')� 1 /\ (PARM 2 1 1 mo OPM 29909 1 M210/4-B5JQ 1 32' I Z I I I I a; I I I I �-- L------------1---L-- - L-� ---� LOT CPM29909 C - - - - - - CALLE TAMPICO Mom SCALE 1"=100' 0 50 100 200 300 PREPARED BY: yip LAND ' - KEQ MILD 2ma &AAW00:9 v� � F 78-080 CALLS AM/GO, SUITE 102 No. 6687 .LA OUINTA, CA 92253 L/ / osJwhu 760 2I9-9886 - 760-262-3000 (FAX) _ G dale@kellehermappmg.com DALE K LLE:HER, DA LS 6687 EXP. 6-30TI0.0 IF CAk-\F IW4 11(Irt] (Legal Description of Property Attached) 2156/0156M0002 113 $24642.02 a04/13/10 -7- 114 �irTm Mm g — � € 4 150 sip 0 42 Muo a. a- o z o- _ a� �° � .0 Ebs I i_ I §x�i swmu sumo rmwr. x3nm vr®orm R� Fi �a 0 + 3Wo�F '�" 4yyg a o U�eN j�apq.l �a3q�:a 3FAr •3 � oaIA9Ya YTIVJ a E� ^ o o a - P U e 4 � 115 3. DECLARATION OF RESTRICTIONS. Grantor shall retain all normal rights and incidents of ownership of the underlying fee interest in the Property not inconsistent with this Agreement. Grantor shall not be bound to undertake any supervision or maintenance of the Easement Area to provide for the public purposes hereunder except for the maintenance of perimeter landscaping, irrigation and pertinent equipment and facilities abutting said property. Grantor must relocate any utilities or other encumbrances located within the Easement Area at Grantor's sole cost and expense if requested by City for use of the Easement Area. Grantor shall be responsible for any hazardous materials or contaminants located in the Easement Area prior to the date of this Agreement. 4. DURATION; SUCCESSORS AND ASSIGNS: RUNS WITH THE LAND. This Agreement shall be binding upon the owner and the heirs, assigns or successors in interest to the Property described above in perpetuity and shall not expire. This Agreement and terms, conditions and restrictions shall run with the land and be binding on the heirs, assigns and successors of the Grantor in the manner provided for herein. 5. TAXES AND ASSESSMENTS. This Agreement, easement and restrictions shall be deemed to constitute a servitude upon and burden to the Property within the meaning of Section 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax -deeded property. 6. COUNTERPARTS. This Agreement may be executed in one or more counterparts, which, taken together, shall constitute one complete and enforceable agreement. [Signatures Contained On Following Page] 2156l0,561M002 924642.02 a04/UM -2- Executed this y day of _, 20 /D_ at La Quinta, California. "Grantor" "City" Village Resort, LLC a California limited CITY OF LA QUINTA, a California municipal liability company corporation and charter city By: A2, 1,� By: Name: Alan L. Stinson Thomas P. Genovese Title: Executive Vice President City Manager Attest: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney 1II 2156Po15610-W02 924642.02 sW13110 -3. STATE OF MONTANA ) ) ss. COUNTY OF FLATHEAD ) On -7 74,20/c) , b f e me, a notary public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. grw;'...ae SARAN BELL :'"°:"._a4�: NOTARY PUBLIPMONTANA F,'s EnL} Residing at Whdefish. Mornana ;•.� .�^"iP W Comm. Expires March 91, 2019 STATE OF CALIFORNIA ) ss. COUNTY OF ) On , before me, , a notary public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Signature 2156/0156100002 824642.01 .04/13110 -4- EXHIBIT A (Legal Description of Easement Area Attached) 10". i 119 21561015610-0002 824642.01 a04/13/10 -5- EXHIBIT "A" RIGHT OF WAY DEDICATION RW-D 08-071 DESERT CLUB DRIVE LOT B OF PARCEL MAP NO. 29909 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON MAP ON FILE IN PARCEL MAP BOOK 200, PAGES 84 AND 85, RECORDS OF SAID RIVERSIDE COUNTY. SAID LOT B CONTAINING 0.79 ACRES, MORE OR LESS SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT 'B" AND HEREBY BEING MADE A PART HEREOF. D:A4SURVEY V003.0701dwgV2W-0 08-071 DESERT CLUB.doc Page 1 of 1 PREPARED . . 1 - /7FXP (Depiction of Easement Area Attached) 2156N15610-M2 82W2.01 aN/13/10 -6- EXHIBIT °B" (0=135'06'56" R=51.00' (pAwa ;q L=120.27') I (N25'30'20"W' L------- 50.00') L (A~25'31'48"/ LOT B R=98.00' j L=43.67') PM 29909 PM8 200/84-85 (PARCEL 6 0.79 AC PW 29909 cn ;LJ 00 Lr (PARCEL 4 1 1 PH 5 m �PAV �) \ \ LLJ P 2O0/84-RSi � (D O m Z �- --(PARCEL 3 r PM 29909 PW 2%-sd� h I L—CA LOTC� ----t-1-JNN"J�—(N8959'22"E LS TAMPICO }0 32.02') - SCALE 1"=200' r 0 100 200 400 600 PREPARED BY: y �oPO LNW 78-080 CALLS AMIGO, SUITE 102 Na 6687 LA OUINTA, CA 9225J Eq, 06/30/10 760 2I9-9886 - 760-262-J000 (FAX) dale@kellehermapping,com kDaEK AHR,AT \E� LS 6687 EXP. 6-30-10 . EXHIBIT C (Legal Description of Property Attached) 123 2156/015610.0002 824642.01 e04/13/10 -7- I i 1: m a Lr A 3 124 F, k' s$ n) o { o' U g Vl ' 9Q� z 6 VIZ m . UsOwl cQ f k% OI O z n� N m Yi pm p aa�Ni yy$$ S l.Rox- �� a oaldAtL rm 9 � .art �,a -ij 19 dAg Mom, a . -gp9gg-@��cjj��ppppA.gqpp��§ 3 RR�i_BEtl3R!Rd^..� Y y�§�ayao§CR�pgg#pp,9£�9R6� 3 tRA�8��44Rq�H� g Ae48g4§�qq,sA.E� . C97HA_SRx7A _� tBQBBBB�BBoG`oG�oG H r 125 ATTACHMENT 3 RECORDING REQUESTED BY AND RETURN TO: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk (Space Above For Recorder's Use) Exempt recording fee pursuant to Govt. Code § 6103. GRANT OF EASEMENT AND AGREEMENT RW-D 2008-071 THIS GRANT OF EASEMENT AND AGREEMENT (hereinafter referred to as the "Agreement") is made this N * day of 4p,i 1 2010, by Village Resort, LLC, a California limited liability company (hereinafter referred to as the "Grantor"). RECITALS A. Grantor is the legal owner of a fee interest in certain real property located in the County of Riverside, State of California, commonly known as Lot A of Parcel Map 29909, La Quinta, California, which property is identified by Riverside County Assessor Parcel Number(s) 770-020-033 and 770-020-034 and more particularly described in Exhibit C attached hereto and incorporated herein by reference (hereinafter referred to as the "Property"). B. Grantor desires to grant to the City of La Quinta, a California municipal corporation and charter city (the "City"), an exclusive, perpetual and irrevocable easement in, on, under and across a portion of the Property described in Exhibit A and depicted in Exhibit B (both of which are incorporated herein by this reference) for right-of-way, public street, utility purposes and ancillary uses. AGREEMENT NOW, THEREFORE, Grantor and City agree as follows: 1. GRANT: DESCRIPTION OF EASEMENT AREA. Grantor grants the City an easement for the purposes listed below on that portion of the Property described on Exhibit A and depicted in Exhibit B (the "Easement Area"). Grantor shall prepare and execute a deed to be recorded in the official records of Riverside County to memorialize the grant of the easement to the City. Said deed shall be in a form substantially similar to Exhibit D attached hereto. 2. PURPOSE. The easement is for an exclusive, perpetual and irrevocable easement in, on, under and across the Easement Area for right-of-way, public street, utility purposes and ancillary uses. 2156/015610-0002 1 6 824642.02 a04113/10 e� 3. DECLARATION OF RESTRICTIONS. Grantor shall retain all normal rights and incidents of ownership of the underlying fee interest in the Property not inconsistent with this Agreement. Grantor shall not be bound to undertake any supervision or maintenance of the Easement Area to provide for the public purposes hereunder except for the maintenance of perimeter landscaping, irrigation and pertinent equipment and facilities abutting said property. Grantor must relocate any utilities or other encumbrances located within the Easement Area at Grantor's sole cost and expense if requested by City for use of the Easement Area. Grantor shall be responsible for any hazardous materials or contaminants located in the Easement Area prior to the date of this Agreement. 4. DURATION; SUCCESSORS AND ASSIGNS: RUNS WITH THE LAND. This Agreement shall be binding upon the owner and the heirs, assigns or successors in interest to the Property described above in perpetuity and shall not expire. This Agreement and terms, conditions and restrictions shall run with the land and be binding on the heirs, assigns and successors of the Grantor in the manner provided for herein. 5. TAXES AND ASSESSMENTS. This Agreement, easement and restrictions shall be deemed to constitute a servitude upon and burden to the Property within the meaning of Section 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax -deeded property. 6. COUNTERPARTS. This Agreement may be executed in one or more counterparts, which, taken together, shall constitute one complete and enforceable agreement. [Signatures Contained On Following Page] 2156/015610-0002 824642.02 ao4/13/10 -2- 12 7 Executed this I y � day of kIJ , 20 iC , at La Quinta, California. "Grantor" "City" Village Resort, LLC a California limited CITY OF LA QUINTA, a California municipal liability company corporation and charter city By: pefl /,/7� By: Name: Alan L. Stinson Title: Executive Vice President Attest: Thomas P. Genovese City Manager Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney 2156/015610.0002 824642.02 a04113,10 -3- 121 8 STATE OF MONTANA ) ) ss. COUNTY OF FLATHEAD ) On Lq�`201() b f eme, a notary public, personally appeared Ai�1_ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. SpP,PX,Bf� SARAH BELL NOTARY PUBLIC-MONTANA sEgL Residing at Whitefish, Montana My Comm. Expires March 31, 2013 STATE OF CALIFORNIA ) ss. COUNTY OF ) On , before me, notary public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. 2156/015610-0002 824642.01 .04/13110 -4" �e...." 129 EXHIBIT A (Legal Description of Easement Area Attached) 2156/01561"002 13 0 824642.01 a04/13/10 -5- '�a., EXHIBIT"A" RIGHT OF WAY DEDICATION RW-D 08-071 DESERT CLUB DRIVE LOT B OF PARCEL MAP NO. 29909 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON MAP ON FILE IN PARCEL MAP BOOK 200, PAGES 84 AND 85, RECORDS OF SAID RIVERSIDE COUNTY. SAID LOT B CONTAINING 0.79 ACRES, MORE OR LESS SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. No. 6687 Exp. 06/30/10 0 P? PREPARED BY: D:\AASURVEY\7003.070Wwg\RW-D /G.�� ppp May 20 2009 08-071 DESERT CLUB.doc Page 1 of 1 Z'MLE R EXP 6-30-08 131 1:/:4:11,118 (Depiction of Easement Area Attached) 2156/015610-0002 924642.01 a04/13/10 -6- n 132 EXHIBIT "B" (A=135'06'56" 1 R=51.00' (PARCEL 7) L=120.27')I I (N25'30'20'W' L------- 50.00') L (A=25'31'48"/ LOT B R=98.00' r L=43.67') PM 29909 PMB 200/84-85 (PARCEL 6 0.79 AC PM 29909 71 PUB 200184-85) LO � o NQ \� 00 i _�� w (PARCEL 4 (PARCEL 5 N W 1 PM 19909 LLJm I PM 29909 200184-85) o m PMB 200/84-85) \ \ PMB i'CD m m ~o �/� m —(PARCEL 3 _ ---I r / • U PM 29M PMB 200/84-855� ^ a L—� a w I I 4 1 LOT C L_—_--_—I_LJ__IPM2�0 N89'59'22"E & [—r_ _ CALLE TAMPICO } ci 32.02) SCALE 1"=200' 0 100 200 400 600 PREPARED BY: ED LAwu S� MILILIENIE °3 M�JPpQf�C�3 v�ao�E KELCF� 78-080 CALLE AM/GO, SUITE /02 No. 6687 LA OUINTA, CA 9225,3 © y. 06/30r0 760-219-9886 - 760-262-3000 (FAX) WKLLEHFR�,, _ dale@kellehermapping;com ATE LS 6687 EXP. 6-30-10 OF CAl 133 EXHIBIT C (Legal Description of Property Attached) 2156/015610,0002 .. 134 $24642.01 so4n3Aa o -7- . '} ! i& j . `/E ! | ; \ @ G § §, § ( iJ . ! 2\) )\ ,\ ƒK ( .135 �� o °I o 6 3 Qq� z rri f y�otl IZ, 4 �z O� w � II 1K1 C y tl fl 7 p ' P m 60. a�c� zn � ti6 oU �� a iaWaw Yy�J C y �o � r.xnvwx. m � F OOIdNY1 91'Itl0 ' �a« F Q yp Gpe 03 g3g e @e tI G pp@@ g 4 'f35 tl oSEa � € � '� �� ' AE# �S5 ps•! III MIT" 4y �4 N;: 1 Y_2 Epp0 ��k k$q'. of W I 6yi� �Ay I„ i" eaYa vwmp .'fN9e e31xM I�lirA nmr.Irm I iY 9 td ��6e AS'Lf� x r. gg N tl� gg 8 k A.'z . zssu u S R O�IdD[Vt $ — I —— Y'A" �Yppa§§.e;g�exgxz�s^.a a a&Sg&34x9Ag$�k$k$ §papas ^"L.Y£^k #6EEbEEOEE�c�c�c 1Nej. e C }8 I I i c'Y U A Y�WIt Fe tle Zx 'SY)F'.K<i6e�T A r- "P.x .^ 136 c&ty/ 4 etP QuiRs COUNCIL/RDA MEETING DATE: May 4, 2010 ITEM TITLE: Adoption of a Resolution Reaffirming Adoption of the Annual Assessment for CSA 152, Authorize Riverside County to Continue to Levy Assessments, and Indemnify and Hold the County Harmless for Levying Assessments on City Parcels Under CSA 152 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 4 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council authorizing Riverside County to levy assessments for the Fiscal Year 2010-201 1 under County Service Area (CSA) 152. FISCAL IMPLICATIONS: The adoption of this Resolution will authorize Riverside County to continue assessing CSA 152 assessments in the amount of nine dollars and ninety-nine cents ($9.99) per parcel for all parcels within the City of La Quinta. The estimated revenue for Fiscal Year 2010-2011 is approximately $250,000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In December 1991, the County of Riverside initiated the use of CSA 152 to provide funding for local jurisdictions for flood control and storm drain maintenance. On May 20, 1997, the City of La Quinta passed Resolution No. 97-39 approving the Benefit Assessment Unit (BAU) rate for the Fiscal Year 1997-1998 CSA 152 Assessment. Resolution No. 97-39 states that the City shall agree to indemnify, defend, and hold the County and members of its Board, Officers, Employees, and Agents harmless from any and all claims, demands, and causes for the collection of assessments under CSA 152. w 137 Each year, the County of Riverside collects the $9.99 assessment per parcel under CSA 152 to fund the City's program for the National Pollutant Discharge Elimination System (NPDES) Permit. The services funded by CSA '152 include: flood control and storm drain maintenance, retention basin maintenance, and street sweeping. The City utilizes revenue from CSA 152 which is collected on all parcels in the City for street sweeping and storm drain maintenance and operation in order to partially offset costs in the citywide lighting and landscape district. The County of Riverside requires a City Council Resolution stating that the City's program will continue and that the parcel charge will remain unchanged for Fiscal Year 2010-2011. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council authorizing Riverside County to levy assessments for the Fiscal Year 2010-201 1 under CSA 152; or 2. Do not adopt a Resolution of the City Council and fund the street sweeping, flood control facility/drainage facility maintenance and operations, and the NPDES Program from the General Fund (this will result in an expenditure of approximately $250,000 annually from the General Fund); or 3. Provide staff with alternative direction. Respectfully submitted, 4Ti othy R. ona ublic Works Dir ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager -,.....'? 138 RESOLUTION NO. 2010 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, MAKING FINDINGS AND RECONFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR THE COUNTY SERVICE AREA 152 TO FUND THE CITY'S STREET SWEEPING PROGRAM AND OPERATE AND MAINTAIN THE CITY'S DRAINAGE AND FLOOD CONTROL SYSTEMS WHEREAS, the Riverside County Service Area 152 (CSA 152) was created under the Benefit Assessment Act of 1982 (Government Code Section 54702, et seq.), which authorized local agencies to impose benefit assessments to finance the maintenance and operation costs of flood control and drainage systems, based on the proportionate storm water runoff from each parcel; and WHEREAS, under the federally -mandated but unfunded National Pollutant Discharge Elimination System (NPDES) Program, the City is required to have a valid permit from the Regional Water Quality Control Board to discharge water runoff from properties within the boundaries of the City; and WHEREAS, street sweeping is a pro -active method of insuring pro -active maintenance from street runoff into the flood control and drainage systems of the City; and WHEREAS, the City is a co-permittee of Permit No. CSA-617002 with the County of Riverside and the incorporated cities therein; and WHEREAS, the City, by its Resolution No. 97-39, adopted on May 20, 1997, authorized Riverside County to levy and establish a Benefit Assessment Unit (BAU) rate for the 1997-1998 Fiscal Year CSA 152 assessments; and WHEREAS, the City by its Resolution No. 97-39, adopted on May 20, 1997, agreed to indemnify and hold the County harmless for levying Assessments on the City parcels under CSA 152; and WHEREAS, the City uses revenues from CSA 152 assessments solely for the purpose of maintaining and operating the City's flood control and drainage system to comply with the NPDES Permit and to provide street sweeping within the City of La Quinta; and 139 Resolution No. 2010- CSA 152 Adopted: May 4, 2010 Page 2 WHEREAS, Proposition 218, adopted by voters on November 6, 1996, established new procedures and approval requirements for all existing assessments, unless the assessment is exempt from the new requirements; and WHEREAS, certain assessments that existed on November 6, 1996, are specifically exempt from the Proposition 218 procedures and approval requirements, including assessments imposed exclusively to finance the capital costs and maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The City Council finds the foregoing recitals to be true and correct. Section 2. The City Council finds and declares that the City's CSA 152 charges are assessments within the definition of California Constitution Article XIIID, Section 2(b), in that they confer special benefits upon each parcel of property subject to the assessments. Section 3. The City Council finds and declares that pursuant to Article XIIID, Section 5(a), the City's CSA 152 assessments are exempt from the new procedures and approval requirements of Article XIIID, Section 4, because the City's CSA 152 assessments existed before November 6, 1996, and the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for street sweeping, flood control, and drainage systems in the City. Section 4. The City Council hereby reaffirms its adoption of the annual assessment for CSA 152 and hereby determines that the annual assessment rate for Fiscal Year 2010-2011 for CSA 152 is to be set at nine dollars and ninety-nine cents ($9.99) per Benefit Assessment Unit. The method of computation has not been changed nor has the rate of assessment been increased since August 6, 1996. Section 5. The City Council hereby authorizes the County of Riverside to levy assessments under CSA 152 for the benefit of the City. The City agrees that it shall indemnify, defend and hold County and members of its Board, and its officers, employees and agents harmless from (1) any and all claims, demands, and causes of action of any kind or nature whatsoever and (2) any and all liability of any kind or nature whatsoever that may arise out of or be caused by, or be attributable to the imposition, collection, or allocation of any tax (special or p_'? 140 Resolution No. 2010- CSA 152 Adopted: May 4, 2010 Page 3 general), assessment fees or charges, and/or any other revenue generated through City's application of reliance on or use of County Service Area 152. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4t" day of May, 2010, 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 (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 141 T,vf ot 4 a" COUNCIL/RDA MEETING DATE: May 4, 2010 ITEM TITLE: Acceptance of a Grant of Easement and Agreement for Public Utility Purposes and Emergency Vehicle Access over Lot 48 of Tract Map 30023-4 from Shea La Quinta, LLC, a California limited liability company for Tentative Tract Map No. 35996 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: _7 _ STUDY SESSION: PUBLIC HEARING: Accept a grant of easement and agreement for public utility purposes and emergency vehicle access over lot 48 of Tract Map 30023-4 from Shea La Quinta, LLC, a California limited liability company for Tentative Tract Map No. 35996. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Shea La Quinta LLC, a California limited liability company, "Developer", Tentative Tract Map 35996 is located to the west and south of Tract Map 30023-4 of Trilogy La Quinta. Tract Map 30023 covers the area south of Avenue 60, north of Avenue 62 and between Madison Street and Monroe Street (Attachment 1). Tentative Tract Map 35996, Shea La Quinta LLC, a California limited liability company "Developer", requires access to the public streets, Avenue 60 and Monroe Street over Tract Map 33023. Grant of easement for public utility easements and emergency vehicle access is proposed over lot 48 of Tract Map 30023-4 (Attachments 2 & 3). The Developer desires at this time to dedicate the easements for public utility and emergency vehicle access to Tentative Tract Map 35996. 142 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept a grant of easement and agreement public utility purposes and emergency vehicle access over lot 48 of Tract Map 30023-4 from Shea La Quinta, LLC, a California limited liability company for Tentative Tract Map No. 35996; or 2. Do not accept a grant of easement and agreement public utility purposes and emergency vehicle access over lot 48 of Tract Map 30023-4 from Shea La Quinta, LLC, a California limited liability company for Tentative Tract Map No. 35996; or 3. Provide staff with alternative direction. Respectfully submitted, dimothy . J na s n, P.E. Public Works Di for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity map 2. Grant of easement and agreement for public utility purposes 3. Grant of easement and agreement for emergency access 143 ATTACHMENT 2 RECORDING REQUESTED BY AND RETURN TO: City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92247-1504 Attn: City Clerk APN 764-350-019 (Space Above For Recorder's Use) Exempt recording fee pursuant to.Govi. Code $ 6103. GRANT OF EASEMENT AND AGREEMENT PUBLIC UTILITY EASEMENT THIS GRANT OF EASEMENT AND AGREEMENT (hereinafter referred to as the "Agreement") is made this day of 2010, by Shea La Quinta, LLC, a California limited liability company, (hereinafter referred to as the "Grantor"). RECITALS A., WHEREAS, Grantor is the legal owner of a fee interest in certain real property located in the County of Riverside, State of California, commonly known as APN 764-350-019 , La Quinta, California, which property is more particularly described in the attached Exhibit C (incorporated by reference herein) (hereinafter referred to as the "Property"); and B. WHEREAS, Grantor desires to grant to the City of La Quinta, a California municipal corporation and charter city (the "City"), an exclusive, perpetual and irrevocable easement in, on, under and across a portion of the Property described in Exhibit A and depicted in Exhibit B (both of which are incorporated herein by this reference) for utility purposes and ancillary uses; and AGREEMENT NOW, THEREFORE, Grantor and City agree as follows: I. GRANT; DESCRIPTION OF EASEMENT AREA. Grantor grants the City an easement for the purposes listed below on that portion of the Property described on Exhibit A and depicted in Exhibit B (the "Easement Area"). 2. PURPOSE. The easement is for an exclusive, perpetual and irrevocable easement in, on, under and across the Easement Area for utility purposes and ancillary uses. 3. DECLARATION OF RESTRICTIONS. Grantor shall retain all normal rights and incidents of ownership of the underlying fee interest in the Property not inconsistent with this Agreement. Grantor shall not be bound to undertake any supervision or maintenance of the 145 Easement Area to provide for the public purposes hereunder. Grantor must relocate any utilities or other encumbrances located within the Easement Area at Grantor's sole cost and expense if requested by City for use of the Easement Area. Grantor shall be responsible for any hazardous materials or contaminants located in the Easement Area prior to the date of this Agreement. 4. DURATION: SUCCESSORS AND ASSIGNS' RUNS WITH THE LAND. This Agreement shall be binding upon the owner and the heirs, assigns or successors in interest to the Property described above in perpetuity and shall not expire. This Agreement and terms, conditions and restrictions shall run with the land and be binding on the heirs, assigns and successors of the Grantor in the manner provided for herein. 5. TAXES AND ASSESSMENTS. This Agreement, easement and restrictions shall be deemed to constitute a servitude upon and burden to the Property within the meaning of Section 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax -deeded property. 6. COUNTERPARTS. This Agreement may be executed in one or more counterparts, which, taken together, shall constitute one complete and enforceable agreement. [Signatures Contained On Following Page] 146 Executed this day of "Grantor" Shea La Ouinta, LLC, a California limited liability company By: Shea Homes, Inc., a Delaware corporation Its: Sole mem4r By: Perry Devlin Its: Assistant Secretary By: Joseph B. Minor Its: Assistant Secretary 2010, at La Quinta, California. «City" CITY OF LA QUINTA, a California municipal corporation and charter city Thomas P. Genovese City Manager Attest: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney -3- 141 STATE OF CALIFORNIA ) ss. COUNTY OF On A P r . I j Y ,Z q i o , ._ , before a notary public, personally appeared _ r, t- r + It V vi who proved to me on the basis of satisfactory evidence td be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he`she/they executed the same in his/herrtheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. A SANDRA S. FOX 5 WITNESS m ,hand Ind officia eal. 1*'MVCaM.00PbMAn1 c Notary Puon a twtomi Signature- f.l� Seal Nuwry die - Canromw 2,tot STATE OF CALIFORNIA ss. COUNTY OF t�: ✓ c �� v ) On /1 �2r) Y 1 2 c, / e before me, 6a r1.d'-1r- 5 a notary public, personally appeared Sc-5 e.p_ _Pj.__-.f /i , n c who proved to me on the basis of satisfactory evidence td be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/heritheir authorized capacity(ies), and that by his/her -their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. o� sANaw S. Fox WITNESS hand and official seal. _ eaomtulon • 1e74563 Si atur . G- L. i� (Seal) a Notary rwso - camomw $n __ L._._...._" alveNae county MVComm. eq*w"t 2, 20t -4- 148 EXHIBIT A (Legal Description of Easement Area Attached) 2156/01561 M002 149 824642.02 a04/13/10 EXHIBIT "A" (LEGAL DESCRIPTION OF EASEMENT AREA) PUBLIC UTILITY EASEMENT LOT 48 OF TRACT MAP NO. 30023-4 AS SHOWN BY MAP ON FILE IN BOOK 365 OF MAPS AT PAGES 96 THROUGH 107, INCLUSIVE, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A PORTION OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN. EXCEPTING THEREFROM THE EASTERLY 15.00 FEET OF SAID LOT 48, SHOWN AND DEDICATED ON SAID MAP AS " 15' PUE". SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF -WAY OF RECORD. CONTAINING 5,821 SQUARE FEET OR 0,134 ACRES, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. pNP D PREPARED BY OR UNDER THE SUPERVISION OF: �aj3 0NY 0•Mq osG9G� e o� 0 a D ANTHONY D.ff DOX P.C.S. 5476 No. 5478 EXP. 09/3012010 Exp.09/30/10 Q DATED: F PAGE 1 OF 1 a..` 150 EXHIBIT B (Depiction of Easement Area Attached) 2156/015610A0o2 824642.02.04/13/10 W rn rn� 0 0 OOro W Z — O � n 0 H z a w a w a 5, 1" = 30' EXHIBIT °B° (DEPICTION OF EASEMENT AREA) PUBLIC UTILITY EASEMENT LOT 46 APN 764-350-017 TRACT MAP NO. 30023-4 MB 365/96-107 LOT 47 APN 764-350-018 EASEMENT 5,8221 S.F. LOT 4� /A%N/ 74 �/-91' 15' PRIVATE / dNAGE EASEMENT EX. 15' PUE —v M.B. 365/96-107 LOT 49 APN 764-350-020 LOT 50 APN 764-350-021 LA% I 0 II I \ co_In Lo m ml Q M � ULRICH o 1 w DRIVE MIZ O a co Io a Z_ z F �. % J / / O aI o J 61 18.50' I 18.50' iW MSA CONSULTING, INC PLAMOM ■ Crve. Hreu®ewa • LeanSveveven34200 Hoe Hoes Denaa RAm= MmAoe ■ CA 92270 ID-Tumsom (76o) 320.9M ■ Pia[ (760) 323-7993 �.N. 1 538 04/19/2010 SHEEP 1 OF 1 .....: ; 152 EXHIBIT C (Legal Description of Property Attached) 2156/015610-0002 _ 824642.02.04/13110 _7 153 EXHIBIT "C" (LEGAL DESCRIPTION OF PROPERTY) LOT 48 OF TRACT MAP NO. 30023-4 AS SHOWN BY MAP ON FILE IN BOOK 365 OF MAPS AT PAGES 96 THROUGH 107, INCLUSIVE, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A PORTION OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN. SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF -WAY OF RECORD. CONTAINING 6,646 SQUARE FEET OR 0.153 ACRES, MORE OR LESS. LANO W � i 6476 E.P. 09/30/10 PAGE 1 OF 1 154 ATTACHMENT 3. RECORDING REQUESTED BY AND RETURN TO: City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92247-1504 Attn: City Clerk APN 764-350-019 (Space Above For Recorder's Use) Exempt recording fee pursuant to Govt. Code § 6103. GRANT OF EASEMENT AND AGREEMENT EMERGENCY ACCESS EASEMENT THIS GRANT OF EASEMENT AND AGREEMENT (hereinafter referred to as the "Agreement") is made this day of , 2010, by Shea La Ouinta. LLC, a California limited liability comoanL (hereinafter referred to as the "Grantor"). RECITALS A. WHEREAS, Grantor is the legal owner of a fee interest in certain real property located in the County of Riverside, State of California, commonly known as APN 764-350-019 , La Quinta, California, which property is more particularly described in the attached Exhibit C (incorporated by reference herein) (hereinafter referred to as the "Property"); and B. WHEREAS, Grantor desires to grant to the City of La Quinta, a California municipal corporation and charter city (the "City"), an exclusive, perpetual and irrevocable easement in; on, under and across a portion of the Property described in Exhibit A and depicted in Exhibit B (both of which are incorporated herein by this reference) for emergency access purposes and ancillary uses; and AGREEMENT NOW, THEREFORE, Grantor and City agree as follows: I. GRANT: DESCRIPTION OF EASEMENT AREA. Grantor grants the City an easement for the purposes listed below on that portion of the Property described on Exhibit A and depicted in Exhibit B (the "Easement Area'). 2. PURPOSE. The easement is for an exclusive, perpetual and irrevocable easement in, on, under and across the Easement Area for emergency access purposes and ancillary uses. 3. DECLARATION OF RESTRICTIONS. Grantor shall retain all normal rights and incidents of ownership of the underlying fee interest in the Property not inconsistent with this Agreement. Grantor shall not be bound to undertake any supervision or maintenance of the �.. '1 15 `i Easement Area to provide for the public purposes hereunder. Grantor must relocate any utilities or other encumbrances located within the Easement Area at Grantor's sole cost and expense if requested by City for use of the Easement Area. Grantor shall be responsible for any hazardous materials or contaminants located in the Easement Area prior to the date of this Agreement. 4. DURATION• SUCCESSORS AND ASSIGNS; RUNS WITH THE LAND. This Agreement shall be binding upon the owner and the heirs, assigns or successors in interest to the Property described above in perpetuity and shall not expire. This Agreement and terms, conditions and restrictions shall run with the land and be binding on the heirs, assigns and successors of the Grantor in the manner provided for herein. 5. TAXES AND ASSESSMENTS. be deemed to constitute a servitude upon and Section 3712(d) of the California Revenue ai survives a sale of tax -deeded property. This Agreement, easement and restrictions shall burden to the Property within the meaning of id Taxation Code, or successor statute, which 6. COUNTERPARTS. This Agreement may be executed in one or more counterparts, which, taken together, shall constitute one complete and enforceable agreement. [Signatures Contained On Following Page] 156 Executed this day of "Grantor" Shea La Ouinta, LLC, a California limited liability company By: Shea Homes, Inc., a Delaware corporation Its: Sole member 13y: Perry Devlin Its: Assistant Secretary By: Joseph B. Minor Its: Assistant Secretary 2010, at La Quinta, California. "City, CITY OF LA QUINTA, a California municipal corporation and charter city 0 Thomas P. Genovese City Manager Attest: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney -3- n •es,� 157 STATE OF CALIFORNIA ) ss. COUNTY OF �Z , ✓ c r5 . rJ t ) l On _�Ln�i If —V 1 0 before me, . ^ ra. �,� G' { a notary public, personally appeared r' v 1 , n who proved to me on the basis of satisfactory evidence torlbe the person(s) whose name(s) is,are subscribed to the within instrument and acknowledged to me that he'shc'they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SANDRA S. Fox WITNESS Yy han and offl* l seal. o°"""a` '+1674563 ,1 's Notmy a�Rc - cmromro Signature..,&v�- c -=---_t(... _ (Seal) Rhwgaae county MyComn. Fxyr Jun 12.201 STATE OF CALIFORNIA 1 ss. COUNTY OF%✓ery•dti ) On _/�, l (1„ .7-u 1 0 before me, 5 Y z a notary public, personally appeared J a- e 6 B. N1 n who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is'are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. - _ _ _ _ _ _ _ _ _ _ _ _ ® SMDRA S. FOX tp WITNESS my hand, and offc al sea]. 's CommWlon O 1674563 Signature _(L• - -a- J JV 4 (Seal) o r+ororyvudro - CaliforniaRKVM$tle County MyComm.8q*MJun 12, 201 -4- 11 158 (Legal Description of Easement Area Attached) 2156/015610-0002 824642.02 a04/13/10 _5_ ��" 15 ' EXHIBIT "A" (LEGAL DESCRIPTION OF EASEMENT AREA) EMERGENCY ACCESS EASEMENT THAT PORTION OF LOT 48 OF TRACT MAP NO. 30023-4 AS SHOWN BY MAP ON FILE IN BOOK 365 OF MAPS, AT PAGES 96 THROUGH 107, INCLUSIVE, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING IN SECTION 34, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 48; THENCE SOUTH 00*00'16" WEST ALONG THE EASTERLY LINE OF SAID LOT 48, A DISTANCE OF 55.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 48; THENCE SOUTH 89047'41" WEST ALONG THE SOUTHERLY LINE OF SAID LOT 48, A DISTANCE OF 0.63 FEET TO THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 18.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 74°47'40" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 74"47-24", AN ARC DISTANCE OF 23.50 FEET; THENCE TANGENT TO SAID CURVE NORTH 89"59'44" WEST, A DISTANCE OF 102.79 FEET TO THE WESTERLY LINE OF SAID LOT 48; THENCE NORTH 00012'19" WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 34.00 FEET; THENCE SOUTH 89059'44" EAST, A DISTANCE OF 102.91 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 18.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 55008'47", AN ARC DISTANCE OF 17.32 FEET TO THE NORTHERLY LINE OF SAID LOT 48, A RADIAL LINE TO SAID POINT BEARS SOUTH 55008'31" EAST; THENCE NON -TANGENT TO SAID CURVE NORTH 89047 41 „ EAST ALONG SAID NORTHERLY LINE, A DISTANCE OF 3.23 FEET TO THE POINT OF BEGINNING. Page 1 of 2 160 EXHIBIT "A" (LEGAL DESCRIPTION OF EASEMENT AREA) EMERGENCY ACCESS EASEMENT SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF -WAY OF RECORD. CONTAINING 4,236 SQUARE FEET OR 0.097 ACRES, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. `O�PL LA/yp S PREPARED BY OR UNDER THE SUPERVISION OF: `-0 D. 110 6sl _ ®'l e 0 ANTHONY D. A DOX P.L.S. 5476 0- No. 5478 E> P. 09/30/2010 Exp. 09/30/10 DATED: 0 s9rFOF CP% Page 2 of 2 161 EXHIBIT B (Depiction of Easement Area Attached) r, 1) 2156/015610-0002 100„ 1 6 824642.02 a04/13110 LOT 1 EXHIBIT (DEPICTION OF EASEMENT AREA) EMERGENCY ACCESS EASEMENT I I TRACT MAP NO. 30023-4 M.B. 365/96-107 LOT 47 N'LY LINE LOT 48 28' N 89'47'41" E 120.94' 442�236 SQ. FT. ,TigN LA ULRICH DRIVE 120.11' N 89'47'4t" E 120.7 STY LINE LOT 48 EX. 15' PRIVATE DRAINAGE EASEMENT M.B. 365/96-107 LOT 36 LOT 49 EX. 15' PUE PER- M.B. 365/96-107 CURVE DATA NO. DELTA I RADIUS LENGTH C1 74'47'24" 18.00 23.50 C2 1 55'08 47 18.00 17.32 o P.O.& NE COR. �o LOT 48 \ . ,N tD L403 M W r I. t cc N UI-MCD w DRIVE J O Z "1 4 W _ Q Z )" E i J / o I F o I ,I 18.50� 18.50' PORTION OF SECTION 34, T.6S., R.7E., S.B.M. LINE DATA NO. BEARING LENGTH Li S 00'00 16" W 55.00 L2 S 89.47 41 W 0.63 L3 N 00'1219 W 55.00 L4 N 89'47'41 E 3.23' a MSA CONSULTING, INC IpfffjllVV111 E /3o/1u PLa mw ■ cm. lumu,�wa ■ t.,-m suxvermu q. 34200 Dw Hors DRm • Rmo MmAm ■ CA 92270 Op C TzLwamm O60) M9M • Pea (760) 323.7893 1" = 30' J.N. 1538 04/19/2010 SHEET 1 OF 1 ..:� 163 EXHIBIT C (Legal Description of Property Attached) 2156/015610-0002 824642.02 a04/13/10 164 EXHIBIT "C" (LEGAL DESCRIPTION OF PROPERTY) LOT 48 OF TRACT MAP NO. 30023-4 AS SHOWN BY MAP ON FILE IN BOOK 365 OF MAPS AT PAGES 96 THROUGH 107, INCLUSIVE, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A PORTION OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN. SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF -WAY OF RECORD. CONTAINING 6,646 SQUARE FEET OR 0.153 ACRES, MORE OR LESS. LA/VD 01 0 OF CAUP0� PAGE 1 OF 1 w..1� 165 Twit ot a w F`y OF TtR''O COUNCIL/RDA MEETING DATE: May 4, 2010 ITEM TITLE: Approval of Amendment No. 2 to the Professional Services Agreement with NAI Consulting, Inc. to provide Project Management and Contract Administrative Support Services for Fiscal Year 2010- 2011 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve Amendment No. 2 of Professional Services Agreement (PSA) with NAI Consulting, Inc. to provide project management and contract administrative support services from July 1, 2010 through June 30, 2011 for an amount not -to -exceed $306,400 (Attachment 1), and authorize the City Manager to execute the amendment. FISCAL IMPLICATIONS: Sufficient funding is available to support the approval of Amendment No. 2 to the PSA with NAI Consulting, Inc. in the amount of $306,400. The agreement budget is based on the following NAI Consulting, Inc. man hours and billing rates: Contract Position Hours Hourly Rate Total Project Manager Administrative Support 1,800 900 $125 $50 $225,000 $45,000 Professional Civil Engineer 260 $140 $36,400 Total $306,400 The total number of hours for next year remains the same as last year and the hourly rates presented have not increased from the existing PSA. The professional services associated with agreement are charged on a time and materials basis and are assigned directly to the capital improvement projects worked on during each billing cycle. 166 Staff anticipates that approximately $266,400 of the agreement amount will be used to pay the time and materials charged for project management and contract administration, and professional engineering support for the projects carried over from the previous fiscal year, and for the new projects added during Fiscal Year 2010-201 1. The remaining $40,000 has been set aside for the development of the new capital improvement plan for fiscal years 2011-2012 through 2015-2016, the Development Impact Fee (DIF) update, and/or other special projects. The costs associated with this work are typically paid for from the Public Works department's annual operating budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In the spring of 1997, the Public Works/Engineering Department retained the part-time prof essional'services of Lloyd "Nick" Nickerson, owner of NAI Consulting, Inc. to augment existing engineering staff in the capital improvement division. Mr. Nickerson was retained via an interim contract to provide key professional support with respect to contract administration and project management duties through the balance of the 1996-1997 fiscal year. In the subsequent fiscal year, the City Council directed staff to request proposals from firms in the engineering community for the type of engineering services performed by Mr. Nickerson. Two proposals were received and evaluated with the City Council awarding a two-year contract to NAI Consulting, Inc. In June 1999, the City Council authorized the City Manager to bypass the competitive selection procedure and negotiate directly with NAI Consulting for a continuation of the professional support services provided by Mr. Nickerson. Each year since 1999, the City Council has renegotiated its professional services contract with NAI Consulting for the services provided by Mr. Nickerson. Attachment 2 is a copy of the current PSA and Amendment No. 1 between the City and NAI Consulting, Inc. During the past five years, NAI Consulting's contract also included professional engineering design services on a time and material basis, as needed, to provide engineering staff with an efficient means to initiate and administer minor design projects (primarily remedial maintenance projects) that surface unexpectedly in response to concerns voiced by La Quinta residents. NAI's flexibility and comprehensive knowledge of the City's operation have proven invaluable to the City. As in past years, the renewed contract is based on hourly fees, with an amount of $125 per hour for professional project management services, $140 per hour for a 167 professional registered civil engineer, and $50 per hour for administrative support. The proposed hourly rates for project manager, professional registered civil engineer, and administrative support have not increased from the rates provided during the last two fiscal years. NAI Consulting, Inc. has also agreed to continue providing any reimbursable expenses at cost without markup. Reimbursable expenses include the direct cost of sub -consultant services, printing, postage and/or courier services, etc. Typical services provided by NAI Consulting, Inc. include, but are not limited to: • Prepare and submit necessary documents, and coordinate with various regional, county, state and federal funding agencies to acquire and maintain funding approval; • Prepare and track project schedules; • Prepare correspondence, reports, and memorandums necessary to administer various City capital improvement projects; • Assist with bidding procedures, prepare bid summary comparisons in a table format, and make recommendations for City Council consideration to award Public Works contracts for construction; • Prepare and conduct informal request for proposals to construction support sub - consultants, summarize proposals received and make recommendations for award of Professional Services Agreements; • Monitor and report on project status, budget vs. actual expenditures, and contract time vs. actual time; and • Prepare staff reports for City Council consideration, as necessary. Other work objectives include the: • Preparation of the City's annual 5-year Capital Improvement Program; • Preparation and/or management of the City's DIF update; and • Continued assistance with issues associated with the Coachella Valley TUMF Program. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Amendment No. 2 of PSA with NAI Consulting, Inc. to provide project management and contract administrative support services from July 1, 2010 through June 30, 2011 for an amount not -to -exceed $306,400, and authorize the City Manager to execute the Amendment; or .. ^ 169 2. Do not approve Amendment No. 2 of PSA with NAI Consulting, Inc. to provide project management and contract administrative support services from July 1, 2010 through June 30, 2011 for an amount not -to -exceed $306,400, and do not authorize the City Manager to execute the Amendment; or 3. Provide staff with alternative direction. Respectfully submitted, othy . Jona on, P.E. Public s Dir ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Amendment No. 2 to Professional Services Agreement with NAI Consulting, Inc. 2. Professional Services Agreement & Amendment No. 1 with NAI Consulting, Inc. 169 ATTACHMENT 1 AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH NAI CONSULTING, INC. FOR PROJECT MANAGEMENT AND CONTRACT ADMINISTRATIVE SUPPORT SERVICES THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH NAI CONSULTING, INC. FOR PROJECT MANAGEMENT AND CONTRACT ADMINISTRATIVE SUPPORT SERVICES ("Amendment No. 2") is made and entered into as of the 4' day of May, 2010 ("Effective Date"), by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and NAI Consulting, Inc. (Consultant"). RECITALS A. On or about June 2, 2009, the City and Consultant entered into a Professional Services Agreement (PSA) for project management and contract administrative support services. The term of this original agreement is July 1, 2009 through June 30, 2010. B. Pursuant to Section 3.4 of the original PSA, the City and Consultant may extend the term of the agreement (extended term) upon mutual agreement by both parties. C. Consultant and City now wish to amend the original PSA to extend the term for one (1) additional year, and update the insurance and indemnification language. AMENDMENT: In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: Section 2.1 of the original PSA is replaced, in its entirety, with the following: 2.1 Contract Sum For the Services rendered pursuant to the extended term of this Amendment No. 2, Consultant shall be compensated in accordance with Exhibit B (the Schedule of Compensation) in a total amount not to exceed Three Hundred Six Thousand, Four Hundred Dollars ($306,400) (the Contract Sum) except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion payment in accordance with the percentage of completion of the Services payment for time and materials based upon Consultant rate schedule but not exceeding the Contract Sum or such other 170 methods as may be specified in the Schedule of Compensation Consultant is responsible for payment of any reproduction costs transportation expense telephone expense and similar costs and expenses associated with performance of the provisions of this Agreement. Section 3.4 of the original PSA is replaced, in its entirety, with the following: 3.4 Term. Consultant shall complete all services within the time allowed by the total contract sum. Unless earlier terminated in accordance with Sections 7.7 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. Section 5.0 of the original PSA is replaced, in its entirety, with the following: 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) 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. w.. 172 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the 173 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. .. 174 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 General Liability 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. ..... l l 5 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 employeeof 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 176 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. 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. -.... 178 IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 2 to the Professional Services Agreement (PSA) with NAI Consulting, Inc. for project management and contract administration services on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: Veronica J. Montecino, CIVIC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: NAIC�onsulting, In (cy By: I ! Name: Lloyd "Nick" Nickerson, Jr. Title: President Date: 179 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 NAI 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 Public Works Department, Capital Improvement Plan, Project Management, Contract Management, and Program Administrative Services for Fiscal Year 2009-2010, 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). 180 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 Three Hundred Six Thousand, Four Hundred Dollars ($306,400) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contractor specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the 182 Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Consultant shall complete all services within the time allowed by the total contract sum (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: Lloyd "Nick" Nickerson, Jr., President a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, P E Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein 183 may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor, Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of personal injury/property damage insurance coverage required hereunder shall be $500,000 per individual; $1,000,000 per occurrence. Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be Liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, 184 trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and w.. 185 consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively ....') 186 negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. ,.. - 187 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 (or its equivalent)• Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages, 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 190 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project: reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract 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 191 subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment:, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 192 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds 193 the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. 194 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: NAI Consulting, Inc. Attention: Lloyd "Nick" Nickerson, Jr. President 68-955 Adelina Road Cathedral City, CA 92234 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement:. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation 195 Thomas P. Genovese, City Manager ATTEST: CMC, City Clerk APPROVED AS TO FORM: M. KAtherrineon, ;City7A7�tt®rney NAI CONSULTING, INC. By: --- Name: LLOYD NICKERSON, JR. Title: President Date: Date 196 Exhibit A Scope of Services As directed by City Staff, the consultant's services shall include, but are not limited to the performance of the following assignments, duties and tasks: • Prepare and submit necessary documents, and coordinate with various regional, county, state and federal funding agencies to acquire and maintain funding approval. • Prepare and track project schedules. • Prepare correspondence, reports, and memorandums necessary to administer various City capital improvement projects. • Assist with bidding procedures, prepare bid summary comparisons in a table format, and make recommendations for City Council consideration to award Public Works contracts for construction. Prepare and conduct informal request for proposals to construction support sub - consultants, summarize proposals received and make recommendations for award of Professional Services Agreements. • Monitor and report on project status, budget vs. actual expenditures, and contract time vs, actual time. • Prepare staff reports for City Council consideration, as necessary. Other work objectives include the: • Preparation of the City's annual 5-year Capital Improvement Program; • Preparation and/or management of the City's Development Impact Fee Update; • Continued assistance with issues associated with the Coachella Valley Transportation Uniform Mitigation Fee (TUMF) Program; and • Preparation of a Prioritization Process and/or Funding Plan for the eligible DIF improvements constructed by developers. « 197 Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Three Hundred Six Thousand, Four Hundred Dollars ($306,400.00) except as specified in Section 1.6 - Additional Services of the Agreement. Services will be billed on a monthly basis for time and materials expended. All man-hour costs to be billed at the following hourly rates. Project Manager/Administrator Professional Civil Engineer Design Engineer CAD Draftsman Project Technician Secretarial Support $125.00 per hour $140.00 per hour $110.00 per hour $85.00 per hour $85.00 per hour $50.00 per hour Any reimbursable expenses shall be provided at cost, without mark-up or additional overhead. 198 Exhibit C Schedule of Performance Consultant shall complete all services within the TIME LINE ALLOWED BY THE TOTAL CONTRACT SUM. 199 Last Revised 1-19-07 Exhibit D Special Requirements NONE. 200 P.O. Box 1504 78-495 CALLE TAMPICO LA QUIN"IA, CALIFORNIA 92253 PROFESSIONAL SERVICES AGREEMENT: .0aulHrw PUBLIC WORKS DEPARTMENT (760) 777-7075 FAX (760) 777-7155 PUBLIC WORKS DEPARTMENT, CAPITAL IMPROVEMENT PLAN, PROJECT MANAGEMENT, CONTRACT MANAGEMENT, AND ADMINISTRATIVE SERVICES FOR FISCAL YEAR 20W1200f 69 /0 CONSULTANT: NAI Consulting, Inc. Attention:. Lloyd "Nick" Nickerson, Jr„ President 68-955 Adelina Road Cathedral City, CA 92234 CONTRACT AMENDMENT NO. 'I i#i##YY#tY}}#lYfi*##Y#f}#*RR#rtfh#rt##*Ytk4#lfff*a#*i*};t*YR*##rtf#a#R*t Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the Contract. 4£#YfflffffY!!##f££f£}f£###iff########ffff#fff#i#4#£lfffhhYYY£#fffff DESCRIPTION OF CHANGE NAI Consulting, Inc. is authorized to prepare the plans, specifications and engineer's estimate (PSBE) for the drainage improvements at the northwest corner of Simon Drive and Washington Street. The project will construct improvements intended to handle storm water on Simon Drive that is currently discharging to off -site development. Funding for this amendment will come from the project design account 401-1817-555.35-07. NAI Consulting, Inc.'s scope of work, fee schedule, and time schedule, dated November 19, 2009, are attached and made a part hereof. Y#of1RYRi#flffif###iR4#!##f!i##+#t44#RRRtf!!ti##!RR!#}#f11f4#4#4R#tt Previous Contract Amount Through Contract Amendment No. -0-: $306,400.00 Add this Amendment: $24,500.00 Revised Contract Total: $330,900.00 The contract completion date is not affected. Submitted Date: By: 02 Z5' La Bpprove'�i1%2 Date: / Y ! �2SJD ,f 11 2011 We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above. Accepted "title: President By: Consultant: Lloyd "Nick" Nickerson, Jr. Date: February 23, 2010 COUNCIL/RDA MEETING DATE: May 4, 2010 ITEM TITLE: Consideration of 4th Quarter Community Services Grants and Funding Requests RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: An Ad Hoc Committee received $23,800 in requests for consideration. The Committee is recommending funding up to $1,000 from the $31,350 funds available leaving $30,350 in the Special Project Contingency account (101-3001- 451.80-01) for additional consideration. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: An Ad Hoc Committee, comprised of Mayor Adolph and Council Member Henderson, reviewed six grant applications from various local organizations. The Grant Guidelines indicate only non-profit organizations are eligible and are limited to $5,000 in funding. Grant recipients cannot receive consecutive fiscal year funding as stated in the City of La Quinta Grant Guidelines (Attachment 1). The exception to consecutive fiscal year funding is for requests for City facility rental fees by non- profit organizations. A summary of all previous Community Services Grant Funding requests and amounts awarded in Fiscal Year 2009-2010 is provided as Attachment 2. The following table summarizes the requests and Ad Hoc Committee's recommendation for this 41h quarter: 203 Committee's Applicant Applied Recommendation Amelia Earhart Elementary — Bird & Butterfly Sanctuary $2,300 $1,000 Christopher's Clubhouse $5,000 $0 Family YMCA of the Desert $5,000 $0 First Composite Group Association $3,500 $0 La Quinta Longhorns Baseball $3,000 $0 Tools For Tomorrow $5,000 $0 Total $23,800 $1,000 Recommended Grant Requests: Of the six submitted grant requests, the Ad Hoc Committee has chosen to recommend one of these grant requests for City Council's consideration: Amelia Earhart Elementary School — Bird and Butterfly Sanctuary (Attachment 3). Amelia Earhart Elementary School is requesting $2,300 to fund their Bird and Butterfly Sanctuary project. The goal of this project is to create a garden space on the school grounds that will attract and support birds and butterflies, by providing food and water sources, cover and nesting sites and materials. This sanctuary will allow students to observe and study the behavior of various species of birds and butterflies. Funding will be used to build a boundary fence and to build trellises for vine plantings. This organization has never been funded. The Ad Hoc Committee recommended funding $1,000. Grant Requests not recommended for funding and/or did not meet the criteria in the Grant Guidelines include: 1. Christopher's Clubhouse (Attachment 4). Christopher's Clubhouse is requesting $5,000 to purchase program supplies. This organization provides comprehensive community safety education to children and families. Their empowerment program promotes child safety and prevents predatory crimes against children. Funding would be used to print family Safety Manuals and activity books; purchase safety bookmarks; purchase supplies for their fingerprinting machine; silicone wristbands, and other various program supplies. This organization has never been funded. 2. Family YMCA of the Desert (Attachment 5). The Family YMCA of the Desert is requesting $5,000 to provide free swim lessons and certified water safety skills to La Quinta children at Vista Dunes and Wolff Waters Place. Children from low-income families who reside at these properties would be the recipients of this funding. This organization was last funded in Fiscal Year 2008-2009. 204 3. First Composite Group Association (Attachment 6). The First Composite Group Association is requesting $3,500 to fund the operation of their mobile educational museum. Their mobile exhibit travels and teaches WWII history at local schools, libraries, special events, and air shows. Funding would be used to print educational curriculum and to insure and maintain their travelling exhibit. This organization was last funded in Fiscal Year 2008- 2009. 4. La Quinta Longhorns Baseball (Attachment 7). The La Quinta Longhorns are requesting $3,000 to help offset travel costs to the National Championships in Omaha, Nebraska in June 2010. It will cost approximately $1,000 per player for travel and accommodations; twelve players are on the team. The La Quinta Longhorns are a travel baseball team; 75% of the players are La Quinta residents. This organization was last funded in Fiscal Year 2008- 2009. 5. Tools for Tomorrow (Attachment 8). Tools for Tomorrow is requesting $5,000 to keep their current programs running in all of the schools they currently serve, including John Adams Elementary and Harry S Truman Elementary in La Quinta. It costs $8,000 per year per school to provide direct services to children (costs include teachers, materials and supplies, musical instruments, books, and snacks). Funding would be used to partially offset the costs needed to continue programs at the two La Quinta schools without having to create an interruption of services. This organization provides a free afterschool integrated arts literacy program for At -Risk school children in grades 3 — 5. This organization was last funded in Fiscal Year 2008-2009. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve funding for one or more of the following organizations: Amelia Earhart Elementary School in the amount of $1,000; 2. Do not approve funding for one or more of the following organizations: Amelia Earhart Elementary School in the amount of $1,000; 3. Provide staff with alternative direction. 205 Respectfully submitted, Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. City of La Quinta Grant Guidelines 2. 2009-2010 Community Services Grant Awards 3. Amelia Earhart Elementary School 4. Christopher's Clubhouse 5. Family YMCA of the Desert 6. First Composite Group Association 7. La Quinta Longhorns Baseball 8. Tools for Tomorrow ATTACHMENT 1 2• r OFF''CKp'O GRANT GUIDELINES The City of La Quinta offers the Grant Program for Community Services Support and Economic Development/Marketing and Sponsorships. Community Services Grants go to recognized nonprofit organizations that benefit the residents of La Quinta. Priority for funding is granted to organizations that directly benefit La Quinta residents, second consideration is given to organizations that indirectly affect the quality of life for the residents of La Quinta. Economic Development Grants go to organizations that will help strengthen the business community of La Quinta. Marketing and Sponsorship Grants go to organizations that would benefit the City of La Quinta in a marketing capacity. Individuals are not eligible for funding through the City of La Quinta Grant Program. Organizations that receive Community Development Block Grants from the City of La Quinta during the same fiscal year are not eligible for funding through the Community Services Grant program. Organizations that have been funded are ineligible for funding for the next fiscal year. Requests are limited to an amount not to exceed $5,000. A second tier is available for Economic Development/Marketing requests above $5,000 (submission of a detailed marketing/media plan is required in connection with these requests). La Quinta service organizations may request funds to be applied directly to rental fees for City facilities for consecutive years without the $5,000 funding limit. Completed grant applications will be initially reviewed by a designated Grant Review Committee who will then recommend consideration of approved grants to City Council. For Economic Development/Marketing requests above $5,000, an in depth review will be conducted by the La Quinta Marketing Committee. Grant applications will be considered by City Council at the first City Council meetings in August, November, February, and May of each fiscal year. Applications are due three weeks before the scheduled City Council meeting. Applicants will be informed 1-2 weeks prior to the City Council meeting regarding the status of their request. Typed applications are preferred. Incomplete applications will be returned to the applicant. Organizations requesting "seed" money are required to obtain matching funds from other sources in the same fiscal year before Community Service Grant funds will be released. For more information on the City of La Quinta Grant program, please contact the Community Services Department at (760) 777-7090. f. 207 2009-2010 COMMUNITY SERVICES GRANT AWARDS ATTACHMENT 2 Available Funding for Grants $100,000 DATE ORGANIZATION AMOUNT REQUESTED AMOUNT FUNDED 8/4/2009 Arthritis Foundation $5,000 $5,000 8/4/2009 C.V. Community Recreation Foundation $3,000 $3,000 8/4/2009 Desert ARC $5,000 $1,500 8/4/2009 Desert Classic Councours d'Elegance $250,000 $5,000 8/4/2009 Healing Horses Therapeutic Riding Center $5,000 $2,000 8/4/20091NCIGHT $5,000 $1,000 8/4/2009 La Quinta Chamber of Commerce $12,000 $5,000 8/4/2009 La Quinta High School Tough Guys & Gals Dance $2,000 $2,000 8/4/2009 La Quinta Historical Society $5,000 $2,000 8/4/2009 La Quinta Playhouse $42,048 $5,000 8/4/2009 McCallum Theatre $5,000 $0 8/4/2009 National Charity League, Desert Cities Chapter $5,000 $0 8/4/2009 Soroptimist International $4,050 $4,050 8/4/2009 Truman Elementary $3,000 $1,500 11/3/2009 Olive Crest Treatment Centers, Inc. $5,000 $5,000 11/3/2009 Osher Lifelong Learning Institute $3,600 $3,600 11/3/2009 P.S. Women in Film and Television $3,000 $3,000 11/3/2009 American Diabetes Association $5,000 $2,500 11/3/2009 Integrated Learning Institute $5,000 $2,000 11/3/2009 Desert Valley All -Star Mavericks $2,500 $500 11/3/2009 Red Hot Ballroom, Inc. $5,000 $0 11/3/2009 Dancing with Our Stars $5,000 $0 2/2/2010 CASA for Riverside County, Inc. $5,000 $0 2/2/2010 Coachella Valley Housing Coalition $5,000 $2,500 2/2/2010 La Quinta Middle School $3,500 $3,500 2/2/2010 National Charity League, Desert Cities Chapter $5,000 $0 2/2/2010 Old Town Artisan Studio $5,000 $5,000 2/2/2010 Quilting for Good Times $2,000 $2,000 2/2/2010 Red Hot Ballroom, Inc. $5,000 $2,000 2/2/2010 San Jose Community & Bea Main Learning Center $5,000 $0 5/4/2010 Amelia Earhart Elementary School $2,300 5/4/2010 Christopher's Clubhouse $5,000 5/4/2010 Family YMCA of the Desert $5,000 5/4/2010 First Composite Group Association $3,500 5/4/2010 La Quinta Longhorns Baseball $3,000 5/4/2010 Tools for Tomorrow $5,000 TOTAL DISTRIBUTED FUNDS $68,650 REMAINING BALANCE IN SPECIAL PROJECT CONTINGENCY ACCOUNT $31,350 '°°• 208 ATTACHMENT 3_ RECD FEU u 9 2010 GRANT APPLICATION FISCAL YEAR 2009-2010 Name Amount Contact Mailing Address: `/`J;ZSD JAloe r21APS 4a City: Dab State:_ Zip Code: Work Telephone: 740 ,3= Cell E-m� 501( , Date Application Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 209 City of La Quinta Grant Application Fiscal Year 2009-2010 Organization: Amelia Earhart Elementary School Bird and Butterfly Sanctuary PTO (Parent Teacher Organization) Sponsored Amount Requested: $2300.00 Contact Person: Jeffrey Ferguson, Club Advisor Mailing Address: Amelia Earhart Elementary School 45-250 Dune Palms Rd. Indio, California 92201 Work Phone: 760-200-3720 Cell Phone: 760-861-2005 E-mail address: Jeffrey fergusongdsusd.us 501( c ) 3 Taxpayer ID Number: 33-0743985 Date Submitted: January 12, 2010 ��•• '? 210 Grant funding for which we are applying: Community Service Support 1.What is the overall purpose of our organization? Our primary purpose is to provide educational outreach to all interested individuals in order to raise awareness about the plight of both native plants and animals, by providing an opportunity for people to see ways in which each of us can support wildlife in an urban environment. Our first goal is to create a garden space on the grounds of our school that will attract and support birds and butterflies, by providing food and water sources, cover and nesting sights and materials. We will focus on emphasizing native plants and support indigenous bird species that are under attack through urban development and competition from exotic -introduced species. The second goal is to provide an enriched science educational experience to our students, and other interested persons, by providing a natural sciences observational laboratory, where individuals can observe and study the behavior of various species of birds and butterflies. 2. How long has our organization been in existence? The Bird and Butterfly Sanctuary is a new project under the sponsorship of the Amelia Earhart PTO. The PTO has been active in supporting numerous social and educational projects since the opening of our school in 2001. 3. Describe in general the activities or services of our organization. The Organization the has two parallel programs, that of the Birding Club itself and the Bird and Butterfly Sanctuary. �. 211 The member of the club participate in meetings, bird walks, learning activities and are also the students who are responsible for the care and maintenance of the habitat itself. There are 20 fourth and fifth grade students who are the club members and officers. The habitat itself is open to all students, parents and visiting members of the community, to observe birds and butterflies in a naturalistic habitat consisting of miniature eco-regions with many native plant species. 4. How many people does our Organization serve? We directly serve a student population 900 and indirectly, hundreds more through parents, grandparents, staff and visitors to our campus. 5. How many people do you intend to serve during this fiscal year? With an outreach campaign, which is part of our educational plan, our ability to provide educational service to the community is effectively unlimited. One of our plans is to create a website with live camera access, so that individuals can observe the habitat from anywhere in the world. 6. How many people served during this Fiscal Year will be La Quinta Residents? Approximately 720 of our 900 students and their families reside in La Quinta. 7. How many paid employees/volunteers does our Organization employee? Our organization is 100% volunteer participation.. There are no paid employees. a 212 The core group of volunteers is the Student Birding Club Members and there parents and a core group of five staff members from Amelia Earhart Elementary. 8. Describe how the organization in managed and governed? As a student organization, it is self -directed but supervised by a Teacher Advisor. Students plan activities, execute fundraisers and act as naturalist instructors and maintenance staff in The Sanctuary The teacher advisor guides activities, oversees meetings and audits finance in collaboration with the PTO treasurer. All Club funds are deposited with the PTO which keeps all fiscal records. 9. Please provide information on your contact person: Jeffrey Paul Ferguson Teacher Advisor 43376 Cook St. # 145 Palm Desert, California 92211 760-861-2005 cell 10. What is our annual schedule of events and during what month does our Organization operate? Amelia Earhart Birding Club is a new project, therefore our calendar is incomplete, we do however, have several yet to be schedules events. Tile Making Fundraiser Build a Birdhouse Fundraiser Coachella Preserve Birding Walk Wild Bird Sanctuary Birding Walk Salton Sea Birding Excursion Sanctuary Installation Day Sanctuary Planting Day Opening Day Ceremony 213 In addition, the Birding Club has meetings every Wednesday before school. Our activities follow the school calendar and run from September through mid -June. 11. Do we charge admission, membership fees, dues. etc? We charge no fees of any kind? 12. What are our other sources of funding for this funding year? We depend on donations in kind or cash in order to operate.: Cash Donations from Amelia Earhart Families est. $ Plants donated by The Wright Family value est $ 700.00 PTO donation $ 600.00 Rivero Builders Inc. est $ 560.00 Cost Estimates for 2009-2010 Plants $3000.00 Food/ Feeders/birdbaths 1500.00 Benches/tables./storage 2000.00 Fencing and Trellises 2300.00 Total Needed $8800.00 Received 1760.00 (in cash or in kind ) Balance $7040.00 13. Amount of money requested from the City of La Quinta? $ 2300.00 214 14. Has our organization been funded by the City of La Quinta previously? No, we have not received funds from the City of La Quinta. 15. Please provide he name and address of the bank in which the organization's funds are kept. Union Bank Hwy 111 La Quinta, California 16. Please provide the name and title of those individuals authorized to sign on the Organization's account ( at least two ) Name Gwen Zarella Jeff Stolzoff Title PTO Treasurer PTO President 17. Need Statement. Clearly and plainly state the specific reason or need for the requested funds and how these funds will be used, if awarded. The funds for which we are applying will be used to build a boundary fence, with three gates to monitor and guide traffic flow throughout the sanctuary garden. A portion will also be used to build trellises for vine plantings at the back of the garden. Any surplus funds from these two projects will be applied to the building storage bins for bird food and birding supplies. 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. Our goal is to provide educational services to our school population, the residents of La Quinta and other Coachella Valley cities and through online services, to individuals with internet access, throughout the country and the world. We believe that our project will inspire others to be concerned and take action in protecting at risk species of flora and fauna. We believe that our education/intervention model can help individuals take personal action locally in their homes, neighborhoods and communities. 19. We are not applying for an Economic Development./Marketing and Sponsorship Grant 20. Attach copies of the last three months bank statement for the Organizations checking and Savings account. We currently do not have a balance deposited with the PTO (Parent Teacher Organization). As funds are accrued they will be deposited with the PTO. 21. Attach a copy of your Program Operating Budget for the current year. There is no budget for the Birding Club. We have estimated an annual cost of $ 500.00 for bird food. Please find the estimate prepared by Rivero Builders for the cost of materials in installing the fencing and trellises for the The Bird and Butterfly Sanctuary. 22. Non profit Organizations must attach a copy if the Organization's Current IRS Form 990. not applicable w...` 216 T CHMENT 4 0 5 2010 a� 'v w� C OFTw4t 4 4 T 9 • GRANT APPLICATION FISCAL YEAR 2009-2010 Nam of Organization: Christopher's Clubhouse Amount Requested: $5 000 Contact persw Mika Moulton, Executive Director Mailing Address: P.O. Box 5444 City: La Qu nta Ste: CA Zip Code_ 92248 Work Telephone: 760-989-2182 Cell phone: E-mail Address: mika@christophersclubhouse.org 501(c)3 Taxpayer LD. Number: 56-2674960 Date Application Submitted Ma rch 9 2010 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 217 CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for. X Commonly Services Support ($5,000 limit) Economic: Development/1%W10t og and Sponsorships (SNM or leis) Economic Devdopment/Marketing and Sponsorships (above S5/000) 1. What is the overall purpose or goal of yourOrgaovahon?To provide a comprehensive community safety education & empowerment program to children & families to promote child safety, and prevent predatory crimes against children. Our programs teach all aspects of safety including home & vehicle, out & about, good, bad & uncomfortable touch and resistance against abduction. 2. How long has your Organization been in existence? 2 Years 6 Months 3. Describe in general the activities or services of your Organization: A 10-hour,rad K I DS Safety education program Teen Internet Safety Parent Internet Safety Programs Free fingerprinting & IDs for children and the PRIDE Neigh- borhood Child Protection Program. 4. How marry people does your Organization currently serve? No.ofYouth 350+/yr No.ofAdults 500/year No.ofSeniors 0 (unless grandparents) 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 3 5 0 + No.ofAduhs 500+ No.ofSetiors 0 (unless grandparents) 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 100+ No. of Adults 100+ No. of Seniors o .W. 218 6 8. How many paid employees/volunteers does your Organization employ? Full time employees 0 Part time employees 0 Volunteers 25 Describe how your Organization is managed and governed: one unpaid full time Executive Director, 6 Board Members Mika Moulton - Executive Director 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Matt List - President 75530 Mary Lane Indian Wells 760-347-7723 Jeff Leavens - Vice Pres. 65996 7th St. Desert Hot Springs 760-671-5315 Patti O'Toole - Treasurer 83930 Bridges Ct. Indio 760-289-6571 Mary Hensley - Secretary - 74340 Candlewood St, PD 858-337-4020 Lenny Pepper - Member Cathedral City, CA 760-835-5121 Larry Vandiver - Member PO Box 390209, Anza 951-719-5916 lo. What is your annual schedule of events, and during what months does your Organization d(perate? Year round operation and teaching of classes. January - Light of Hope Awards Gala to honor volunteer instructors. May - National Missing Children's Awareness Day. 11. Do you charge admission, membership fees, dues, etc? X Yes No If yes, please describe: Parents are asked to pay $50.00 per child for the 10-hour class if they are able, with a free return and learn policy until the child's 13th birthday. No charge for other programs. N.a. 219 12. What are your other sources of revenue for this funding yeas? Source Poker Run scheduled May 2010 Donations ass fees Total Needed $ 24 000 Total Received $ 8, 000 Balance $ 1 0000 Amount $3,000 $3,000 $2,000 13. Amount of money requested fry► the City of La Quinta? S 5 , 000 14. Has your Organization been funded by the City of La Quints previously? Yes X No If yes, when? 15. Please provide the name and address of the bank in which the Organization's fiords are kept Sunrise Community Bank 41990 Cook Street, Suite 701 Palm Desert CA 92211 16. Please provide the name and title of those individuals authorized to sign an the Organization's account (mast provide at least two individuals): Name: Mika Moulton Patricia O'Toole Title: Executive Director Treasurer .. 220 17. Need Statemeitt Clearly and plainly state the specific, detailed reason or need for the requested finds and how these fimds will be used, if awarded. To p r i nt f am i I y Sa fety Manuals and Activity books that are distributed to children and families in the radKIDS program purchase of safety bookmarks for children, purchase of paper, CDs and printer ink for state of the art fingerprint machine used by Christopher's Clubhouse purchase of silicone wristbands that are used as a teaching tool purchase of -pen - cils that are used as student rewards. Purchase of student graduation certificates, and other program supplies. 18. Goal Statement lndicabe who will benefit from the use of these fimds, and how they will benefit If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. Children ages 31 through 18 parents and other family members and the community at large. Children are trained to instinctually respond and resist abduction, sexual assault and additional safety skills that keep them safe therefore reducing the cost of social services and first responder costs to the community. 19. mwketing/Media Plan. If you are applying for an Economic Developmen Marketing grant and your request for funding is above $5,000, you must submit a detailed marketing/media plan for review by the La Quints Marketing Committee. Your plan must outline all of your advertising and marketing strategies (including, but not limited to: prim, radio, television, online, public relations, and signage) and describe how those promotional efforts will benefit the City of La Quints 20. Attach copies of the last three months bank statements for the Organization's ring and savings account. 2L Attach a copy of your Program Operating Budget for the current year. 22. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. ATTACHMENT 5 GRANT APPLICATION FISCAL YEAR 2009-2010 Name of Organization: Family YMCA of the Desert Amount Requested: $5 000 Contact Person: Terri Bona Mailing Address: 43930 San Pablo Ave City: Palm Desert State: CA Zip Code: 92260 Work Telepl;one: 760.341.9622 Cell phone: n/a E-mail Address: tbona@desegymea.org org 501(c)3 Taxpayer I.D. Number: 95-3673295 Date Application Submitted: 4/9/10 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. ".. CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: X Community Services Support ($5,000 limit) Economic Development/Marketing and Sponsorships ($5,000 or less) Economic Development/Marketing and Sponsorships (above $5,000) What is the overall purpose or goal of your Organization? To put Judeo-Christian principles into practice through programs that build healthy spirit mind and body for all 2. How long has your Organization been in existence? 28 Years Months Describe in general the activities or services of your Organization: The Family YMCA of the Desert incorporated as a 501 (c) (3) non-profit based in Palm DesertToday we serve over 3,200 children everyday at 42 valley wide school sites We build strong kids strong families and strong communities by offering a full range of programs like sports swim lessons summer camps Youth and Government activity programs youth sports family programs Y rookies dance and other specialized programs Our focus is to teach the core values of Caring Honesty Respect and Responsibility through our daily activities with these children 4. How many people does your Organization currently serve? No. of Youth 5,305 No. of Adults 1,432 No. of Seniors 121 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 5,679 No. of Adults 1,491 No. of Seniors 158 .. 223 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 964 No. of Adults 180 No. of Seniors 9 How many paid employees/volunteers does your Organization employ? Full time employees 53 Part time employees 286 Volunteers 8. Describe how your Organization is managed and governed: The management of the Family YMCA of the Desert is vested in a Board of Directors (currently at 25) of not less than 24 and no more that 42 voting members with such powers as defined in our constitution Executive Committee: The officers of the Family YMCA of the Desert and other board members appointed by the board president serve as the executive committee of the Board of Directors with full power and authority to supervise and act upon all business requiring immediate attention during intervals between the regular meetings of the Board of Directors The board president also serves as chairman of the Executive committee The board president has the power to appoint standing or special committees with appropriate responsibility descriptions. All committees report their acts and proceedings to the Board of Directors. All personnel matters (i.e., hiring review, discharge etc) are referred to and administered by the Executive Committee by and through the CEO Rob Ballew. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone See attached board list 10. What is your annual schedule of events, and during what months does your Organization operate? We are a year round operation please see attached calendar of events. 2 ' 4 11 12. 13. 14. 15. Do you charge admission, membership fees, dues, etc? X Yes No If yes, please describe: There is a $30 program registration fee for the year for one participant or a $60 program registration fee for the year for a family for all YMCA What are your other sources of revenue for this funding year? Source We have no additional funding sources for this program Total Needed $ 5.000 Total Received $ 0 Balance $ 5,000 Amount Amount of money requested from the City of La Quinta? $ 5,000 Has your Organization been funded by the City of La Quinta previously? X Yes . No If yes, when? 06/09 Please provide the name and address of the bank in which the Organization's funds are kept: First Bank: 73 000 Highway 111 at Monterey Palm DesertCA 92260 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Rob Ballew Sandra Chiupka Vanessa Walker Terri Bona Title: CEO Director of Bus Operations Director of Finance Director of Fund Dev. 225 17. Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and, how these funds will be used, if awarded. Drowning is the top cause of death for children younger than 5 in California More than 80 percent of drownings and near- drownings occur in backyard pools county health officials said (The Press -Enterprise). Low income families don't have excess income for luxuries like swim lessons. This year we find ourselves in need of funds to teach non -swimming kids how to swim and how to be safe around water so we don't have to read about any child who has drowned due to the inability to swim. If we are awarded the necessary funds we will provide free swim lessons and certified water safety skills to La Quinta kids at Vista Dunes (Hope through Housing) and the newly opened **Wolff Waters Place (Coachella Valley Housing Coalition) These on site swim pools will be bustling with activity if the YMCA receives the necessary funds to conduct lessons. The two agencies (CVHC and Hope through Housing) continue operations during the summer and this is where the Y can come in and take advantage of the non school time during the summer season by providing swim lessons childcare and free swim time for children and their families. We can keep these children busy and active over the summer when many times they are inactive or worse find themselves without proper supervision and getting into trouble. Last year we provided swim lessons to the children at one of our other locations in Desert Hot Springs and it was so well received that parents wanted to participate in lessons for themselves. We hope to include parents this summer so they can learn to swim and play with their children thereby encouraging the practice of life long active living_ ** If Wolff Waters after school program opening is delayed we would provide swim lessons during spring break 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. The children from low income families will be the direct recipient of services these funds will provide The goal of the Family YMCA will be to conduct swim lessons free of charge over the summer (June to August 2010). At Wolff Waters Place and Vista Dunes in La Quinta where low income families live we would provide direct benefits of free swim lessons and water safety to the resident children who live at these income Qualified properties To qualify for residence at these communities' potential residents must provide income verification which shows them to be at or below poverty level Once qualified residents are eligible for affordable housing and the many positive opportunities these communities provide 226 19. Marketing/Media Plan. If you are applying for an Economic Development/Marketing grant and your request for funding is above $5,000, you must submit a detailed marketing/media plan for review by the La Quinta Marketing Committee. Your plan must outline all of your advertising and marketing strategies (including, but not limited to: print, radio, television, online, public relations, and signage) and describe how those promotional efforts will benefit the City of La Quinta. 20. Attach copies of the last three months bank statements for the Organization's checking and savings account. 21. Attach a copy of your Program Operating Budget for the current year. 22. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. .. 2 C 7 ATTACHMENT 6 GRANT APPLICATION FISCAL YEAR 2009-2010 Name of Organization: AmountReauested: $3,500.00 First Composite Group Association Contact Person: Colonel Paul Kiener Mailing Address: 78365 Hwy 111 #299 City: La Quinta State: Ca • Zip Code: 92253 Work Telephone: (760) 954-4934 Cell phone: (760) 954-4934 E-mail Address: fwl90pilot@hotmail.com 501(c)3 Taxpayer I.D. Number: 22-31 36778 Date Application Submitted: April 8 2010 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 228 CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: 2. 3. _� Community Services Support ($5,000 limit) Economic Development/Marketing and Sponsorships ($5,000 or less) Economic Development/Marketing and Sponsorships (above $5,000) What is the overall purpose or goal of your Organization? To educate and inspire students and adults about World War II history, General George S. Patton Jr and their history concerning the Coachella How long has your Organization been in existence? 19 Years Months Describe in general the activities or services of your Organization: The FCGA is a non-profit 501-C-3 educational museum. Our mobile exibit travels and teaches W. W. II history to local schools, librarys, special events and air shows. 4. How many people does your Organization currently serve? No. of Youth 15,000 No. of Adults 10,000 No. of Seniors 5,000 How many people do you intend to serve during this Fiscal Year? No. of Youth 1 5, 00 0 No. of Adults 1 0, 000 No. of Seniors 5, 0 0 0 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 6.000 No. of Adults-, 000 No. of Seniors 1 5no 229 How many paid employees/volunteers does your Organization employ? Full time employees 0 Part time employees 0 Volunteers 55 8. Describe how your Organization is managed and governed: The association is governed by a Board of Directors and an Executive Director_ 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Gen. Richard Pierce, Pres. 8929 Gibson St. L.A. Ca. (310) 839-8853 Col Paul Kiener, Exec Dir. 78600 Via Melodia La Ouinta. Ca. (760) 777-8540 10. What is your annual schedule of events, and during what months does your Organization operate? The organization operates from September through June visiting schools librarys special events and air shows. 11. Do you charge admission, membership fees, dues, etc? X Yes No If yes, please describe: The organization recieves funds from membership dues, corporate sponsorships, educaTIONAL grants and personal donations. 230 12. What are your other sources of revenue for this funding year? 13. 14. Source Educational grants Corporate sponsorships Personel donations Membership dues Total Needed $ 50,000.00 Total Received $ 16,052.50 Balance $ 33,947.50 Amount of money requested from the City of La Quinta? Amount $25,000.00 $ 5,000.00 $10 000 00 3,500.00 Has your Organization been funded by the City of La Quinta previously? X Yes No If yes, when? 2008 15. Please provide the name and address of the bank in which the Organization's funds are kept: Palm Desert National Bank 73-745 El Paseo Palm Desert, California 92260 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Title: Col. Paul Kiener Executive Director Christine R. Kiener Treasurer -• 231 17. Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. The funds requested from the City of La Quinta, will be used to print our educational corriculum insure and maintain our traveling exibit to schools, and community events that service La Quinta residents. 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. The students and residents of La Quinta will benefit from the use of these funds by allowing the organization to take the educational exibit to the local schools and public events allowing local residents access to this unique educational experience. 19. Marketing/Media Plan. If you are applying for an Economic Development/Marketing grant and your request for funding is above $5,000, you must submit a detailed marketing/media plan for review by the La Quinta Marketing Committee. Your plan must outline all of your advertising and marketing strategies (including, but not limited to: print, radio, television, online, public relations, and signage) and describe how those promotional efforts will benefit the City of La Quinta. 20. Attach copies of the last three months bank statements for the Organization's checking and savings account. 21. Attach a copy of your Program Operating Budget for the current year. 22. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. 232 ATTACHMENT 7 ^ •c U � 01; 4 GRANT APPLICATION FISCAL YEAR 2009-2010 Name of Organization: LA QUINTA LONGHORNS BAS BA Amount Requested: $ 3 , 0 0 0 Contact Person: Robert B o e t :t o Mailing Address: 78-785 Wakefield Circle City. La Quints, State: CA Zip Code: 92253 Work Telephone: (7 6 0) 3 3 3- 7 0 7 0 Cell phone: Same as above E-mail Address: rfboetto@fedex.com 501(c)3 Taxpayer I.D. Number: 80 056 4670 Date Application Submitted: March 19 2010 _ Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. Ie,• 233 CITY OF LA QUMA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: X Community Services Support ($5,000 limit) Economic Development/Marketing and Sponsorships ($5,000 or less) Economic Development/Marketing and Sponsorships (above $5,000) 1. What is the overall purpose or goal of your Organization? we are a travel baseball team from La Quints. The goal is to give our local boys a chance to play baseball at a very competitive level. 2. How long has your Organization been in existence?. 4_ Years Months 3. Describe in general the activities or services of your Organization: W e c o a c h a n d m e n t o r the boys who practice three days a week and compete in baseball tournaments either locally or across the state every other weekend. 4. How many people does your Organization currently serve? No. of Youth 12 No. of Adults 3 No. of Seniors 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 12 No. of Adults 3 No. of Seniors 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 9 No. of Adults 3 No. of Seniors 234 How many paid employees/volunteers does your Organization employ? Full time employees Part time employees Volunteers 8. Describe how your organization is managed and governed: The coach, Robert Boetto makes practice schedule tournament schedule and all the team decisions The two assistant coaches help manage practice and coach in games Robert Boetto has set up La Quinta Longhorns DBA funds are raised and moved through that account. 9. Please provide information on your Executive Board members or contact person: Name Robert Boetto Title Coach Home Address 78785 Wakefield Phone (760) 333-7070 Robert Kesel Asst. Coach (LQ) (760) 702-6519 Wendell Morden Asst. Coach (LQ) (760) 835-8480 Karen Boetto Team Mom (LQ) (760) 333-3881 10. What is your annual schedule of events, and during what months does your Organization operate? We are a "year round" team. our main season is Jan - July. We have tournaments approximately every other weekend. 11. Do you charge admission, membership fees, dues, etc? Yes x No If yes, please describe: Each family nays for their own travel, uniforms etc. 235 12. What are your other sources of revenue for this funding year? We are just beginning the fundraising process. Source Amount Dr. Okamoto $500.00 Fantasy Springs Casino $500.00 KESO News Channel 3 $100.00 Total Needed $ 12:; 0 0 0 Total Received $ 1,100 Balance $ 10,900 13. Amount of money requested from the City of La Quinta? $ 3,000 14. Has your Organization been funded by the City of La Quinta previously? - Yes x No If yes, when? 15. Please provide the name and address of the bank in which the organization's funds are kept: Union Bank of California 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Robert Boetto Karen Boetto Title: Coach Team Mom/Fundraiser 236 17. Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. Th e L a Q u i n t a L o n gho rn s have been invited to play at the National Championships in Omaha Nebraska They have already won "Gold" in one tournament locally and in the last three tournaments they have taken second place The tournament in Omaha is June 20-23 We estimate it will cost approximately $1"000 per player for travel and acromodat-ions In this tough ernnomy. P want L^ `"nka it as easy as possible for families to be able to go. 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. The kids will benefit from funds that will allow them to play ball on a national level They will be able to represent La Quinta and wave their La Quinta Longhorn's banner proudly. RSQ News Channel 4 will be following the team's progress throughout the ournam nt 19. Marketing/Media Plan. If you are applying for an Economic Development/Marketing grant and your request for funding is above $5,000, you must submit a detailed marketing/media plan for review by the La Quinta Marketing Committee. Your plan must outline all of your advertising and marketing strategies (including, but not limited to: print, radio, television, online, public relations, and signage) and describe how those promotional efforts will benefit the City of Li Quinta. 20. Attach copies of the last three months bank statements for the Organization's checking and savings account. P /^(t f - C! I DC 21. Attach a copy of your Program Operating Budget for the current year. le OL 22. Non-profit Organizations must attach a copy of the organization's current IRS 80 056 4670 Form 990. We have a 501(c) ll: 237 ATTACHMENT 8 GRANT APPLICATION FISCAL YEAR 2009-2010 Name of Organization: Tools For Tomorrow Amount Requested: $5,000 ContactPerson:Ed DiNicola Mailing Address:42-800 Bob Hope Drive, Suite 209-0 City: Rancho Mirage State: CA Zip Code: 92270 Work Telephone:760 340-4980 Cell phone:760 567-5862 . E-mail Address: efd@afterschooltools.org 501(c)3 Taxpayer I.D. Number: 33-0889045 Date Application Submitted: April 9, 2010 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. wool CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: X Community Services Support ($5,000 limit) Economic Development/Marketing and Sponsorships ($5,000 or less) Economic Development/Marketing and Sponsorships (above $5,000) What is the overall purpose or goal of your Organization? The purpose of Tools For Tomorrow is to provide a free after school integrated arts literacy program to at risk elementary school children grades 3-5 in Title 1 schools in the Coachella Valley, which includes John Adams School and Harry S Truman School in La Quinta. In addition to the importance of art education, Tools For Tomorrow realizes the importance of meeting the unmet needs of children in a safe environment in the after school hours. In addition, the program provides those literacy aspects necessary to the development of the healthy child including cognitive skills, multi sensory experience, and critical thinking skills which go far in developing academic acumen in young children. By stressing that art is a language and not merely a decoration, the TFT program provides the needed outlet for socialization, creativity, and balance in the lives of the children it reaches. Providing these much needed elements in young lives is, and always has been, the primary purpose for the existence of the organization. 2. How long has your Organization been in existence? 11 Years 6 Months 3. Describe in general the activities or services of your Organization: Tools for Tomorrow meets in each school for one day per week, for one hour to one hour and a half per day after school. Utilizing a specially created integrated arts literacy curriculum including art, music, creative writing and drama, the program offers the children a "hands on" experience in each of these areas in an integrated format to provide them with literacy in each of the areas as well as to unlock the creative potential in each child. Eric Erickson has stressed the importance of the elements of art in the development of the healthy child, since those elements unlock cognitive, creative, critical thinking, and multi sensory skills which are carried over into most, if not all of the academic subjects taught in schools. The children write, paint, draw, and discuss works of art including abstract/representational art, classical music. Using their imagination and multi media they create works of art in ceramic, gourd art, drama, writing and music, which they then share with one another. The activities are supervised and taught by experienced teachers in a nurturing, safe, and exciting environment which allows no place for failure, but insures the self esteem for children which comes from success. 4. How many people does your Organization currently serve? No. of Youth 800+ No. of Adults No. of Seniors Approximately 800 to 1000 children grades 3-5 with waiting lists of at least 100 in each school. 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 1300 No. of Adults No. of Seniors 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 200+ No. of Adults No. of Seniors 239 How many paid employees/volunteers does your Organization employ? Full time employees none Part time employees 13* Volunteers 35 *Executive Director, Operations Manager, and 11 Teachers 8. Describe how your Organization is managed and governed: Tools For Tomorrow has a paid Executive Director/Curriculum Coordinator/Program Supervisor and a paid Operations Manager, and is governed by avolunteer Board of Directors consisting of a Chairman, President, Vice President, CFO, Secretary and five additional members representing the community, including an attorney, former educators, and business people. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Ed DiNicola, Executive Director 2795 Alondra Way, Palm Springs, CA 92264 760 567-5862 Rachel Druten, President/Founder 359 Crest Lake Drive, Palm Desert, CA 92211 760 773-5687 Mary T. Roche, Chairman 44-920 Lakeside Drive, Indian Wells, CA 92210 760 779-9045 Bob Hopkins, CFO 49-155 Avenida Fernando, La Quinta, CA 92253 760 564-2012 Jim Reed, Chairman Emeritus 48701 Santa Ursula, La Quints, CA 92253 760 564-0887 10. What is your annual schedule of events, and during what months does your Organization operate? Tools For Tomorrow meets for two fifteen -week semesters from October to May. Classes meet in the schools for one hour per week after school unless there is more than one program in a school as we have had in the past. Currently we serve sixteen schools, (two in La Quints, John Adams School and Harry S Truman School) and operate 17 programs that include a guest artist theater program taught by two film and television celebrities. This past year we opened a program in Mecca, based upon a letter of request from a faculty member and funded by special donations and one individual donor. In April there will be a Vision for the Future Luncheon honoring Mary Roche, at which even the guest artist theater program children will present a program. 11. Do you charge admission, membership fees, dues, etc? Yes X No If yes, please describe: No, we supply all materials, art supplies, books and snacks free of charge to the children and the schools involved. 240 12. What are your other sources of revenue for this funding year? Source Contributions Grants Other Fundraising Events Amount $37,000 $37,000 $ 4,500 $19,000 Estimated 7/1/09 - 6/30/10 Total Needed $ 117,003 Budgeted expenses for 2009-10 Total Received $ 80,793 as of 3/31 /10 Balance $ 36,210 13. Amount of money requested from the City of La Quinta? $ 5,000 14. Has your Organization been funded by the City of La Quinta previously? X Yes No If yes, when? May 2009 15. Please provide the name and address of the bank in which the Organization's funds are kept: El Paseo Bank, 74175 El Paseo, Palm Desert, CA 92260 760 862-0099 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Ed DiNicola Robert Hopkins Andrea Hecht Kimberly Klink Title: Executive Director CFO Operations Manager Past -President ,...:' 241 17. Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded.. Since the fiscal situation is so bad at this time, Tools For Tomorrow is requesting funds in order to keep the current programs running in all of the schools, and especially in the two La Quinta schools, without having to create an interruption in services. Last year we had to cut back from 26 programs in 15 schools to 15 programs, and one specially funded program. It costs Tools For Tomorrow $8000.00 per year per school to provide direct services to children including teachers, supplies, materials, musical instruments, books, and snacks. The requested funds will be used to partially offset those $16,000.00 currently funding the two La Quinta schools where the program exists. 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. The general goal of Tools For Tomorrow is to reach as many elementary school age children as possible in the coming years. And especially to be able to offer at least two classes per semester in each school we serve. For La Quinta it is hoped that the children at John Adams School and Harry S Truman School in La Quinta will continue to grow artistically and academically and to benefit from these requested funds. The money will be used to partially supply materials, supplies and musical instruments in those schools. This will allow the Tools For Tomorrow program to continue to provide the same services without cost to the district or the children at Adams and Truman just as we have been doing for the past three years in La Quints. The goal is to be sure that those children who want to take part in the program and who each year fill a waiting list will be given an opportunity to enroll in the program for the coming 2010-2011 school year. 19. Marketing/Media Plan. If you are applying for an Economic Development/Marketing grant and your request for funding is above $5,000, you must submit a detailed marketing/media plan for review by the La Quinta Marketing Committee. Your plan must outline all of your advertising and marketing strategies (including, but not limited to: print, radio, television, online, public relations, and signage) and describe how those promotional efforts will benefit the City of La Quinta. 20. Attach copies of the last three months bank statements for the Organization's checking and savings account. 21. Attach a copy of your Program Operating Budget for the current year. 22. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. 242 COUNCIL/RDA MEETING DATE: May 4, 2010 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: Consideration of Civic Center Campus Artists Acknowledgement Area Applications STUDY sEssloN: PUBLIC HEARING: RECOMMENDATION: Authorize the names of artists to be included on the Artist's Acknowledgment Area. FISCAL IMPLICATIONS: Once the City Council approves the names of those individuals to be recognized as part of the artist's acknowledgment area, the names will be etched into the bronze plates as part of the artwork. It is anticipated that this process will take approximately 2 weeks. The cost of adding the names to the bronze plates will be approximately $20 per person. There is sufficient funding in the Art in Public Places Fiscal Year 2009-2010 Budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On September 18, 2001, the City Council approved the criteria for the Acknowledgment Area monuments for veterans, artists and sports figures to be located on the Civic Center Campus. The criteria for the artist's area are listed below: 1. Three-year resident of La Quinta (past or present); and 2. National, state or local recognition and contributed to the City of La Quinta's image. 243 The field of art includes the following categories: Painting, sculpture, tile work, the performing arts, architecture, and landscape architecture. As of this report, the following two applications for artists have been submitted for consideration: Kathy Caldwell: BA in both History and Fine Arts at Berkeley; 20 year career in the commercial jewelry industry; began designing and manufacturing her own line of silver and gold jewelry in 1973. Charles L. Sullivan: Co-founder of the Desert Oasis Strummers which provides live classic Ukulele music at the Senior Center. A virtuoso performer on the tenor and baritone ukuleles, he also plays the tenor guitar and tiple while developing musical arrangements. Applications and supporting materials are on file with the Community Services Department. Once the individuals have been selected, staff will confirm with the individuals spelling of names and dates prior to having them placed upon the bronze plate. Staff is planning a special event entitled "Distinguished Artists of La Quinta" for May 21, 2010, at which time those listed as part of the Acknowledgment Area will be recognized, with a certificate being issued to each of the individuals. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the names of artists to be included on the Artist's Acknowledgment Area; or 2. Do not authorize the names of artists to be included on the Artist's Acknowledgment Area; or 3. Provide staff with alternative direction. Respectf Ily submitted, Edie Hylton Community Services Director �. 244 Approved for submission by: �I-Z6 Thomas P. Genovese, City Manager 245 `tea 444941Krw COUNCIL/RDA MEETING DATE: May 4, 2010 AGENDA CATEGORY: BUSINESS SESSION: 3 CONSENT CALENDAR: ITEM TITLE: Consideration of the Community Services STUDY SESSION: Commission Work Plan for Fiscal Year 2010-2011 PUBLIC HEARING: RECOMMENDATION: Approve the Community Services Commission 2010-201 1 Work Plan. FISCAL IMPLICATIONS: There are fiscal implications for the Community Services Commission per the approved Work Plan which are included in the proposed Fiscal Year 2010-2011 budget. These commitments include $57,600 for the Parks/Recreation Marketing Plan and $14,500 for Community Events development. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On April 12, 2010, the Community Services Commission approved the 2010-2011 Work Plan (Attachment 1) for City Council consideration. The Commission's Work Plan for 2010-2011 contains, in addition to the generalized tasks, specific tasks the Commission believes it can accomplish during the 2010-2011 year. The specific tasks are listed on page 2 of the work plan and outlined in the following information: Task: Parks and Recreation Marketing Plan Update The Commission will review the Community Services Department marketing plan and identify effectiveness based on participation levels, cancellation rates, recommend improvements and new promotional opportunities. 246 Task: Park/Trail Planning and Development The Commission will review proposed park and trail development that is required during the work plan time frame. The Commission will provide input into the Parks and Recreation and Open Space Elements of the General Plan Update. Task: Liaison to the Community Invite service provider representatives to the Commission meetings to inform the Commission of available services to the community. The Commission is also interested in learning about organizations that work with the City on projects and programs such as the Desert Recreation District, YMCA of the Desert, Stewards of the Fred Wolff Bear Creek Nature Preserve, and the President Gerald R. Ford Boys and Girls Club. The Commission would also like to invite Community Service Grant recipients to their meetings to learn more about the local organization funded by the city. The Commission would like to assist in the development of a valley -wide Parks and Recreation Commissioners Training. Task: Community Events Host numerous city-wide events throughout the year. Work with community groups and non -profits on events with special attention this year to provide events in the Village. Events for Fiscal Year 2010-2011 include: Trails Day, Christmas Tree Lighting Ceremony, Arts Appreciation Day, National Night Out, Community Picnic and Birthday Party, Resident Acknowledgements and Open Air Cinemas in the Village. Task: Park Management Plan The Commission will provide staff with input into existing park conditions and make suggestions regarding park maintenance and repair and replacement. Work with Coachella Valley Water District (CVWD) on a water usage assessment and further recommendations for parks and sports fields. The Commission will also recommend changes to the Fred Wolff Bear Creek Master Plan Update. Task: Advisory Body to the City Council The Commission will review issues relating to Parks and Recreation and take action as directed from City Council, maintain communications with City Council, and provide an annual work plan for City Council review. Task: Art in Public Places Update the recommendations in the Art in Public Places (APP) Strategic Plan and continue to support the preventative art maintenance program. Continue the Artist's Registry with the La Quinta Arts Foundation, and recommend the purchase of public art to be placed at various Art in Public Places locations throughout the city. • 247 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Community Services Commission 2010-201 1 Work Plan; or 2. Do not approve the Community Services Commission 2010-201 1 Work Plan; or 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Community Services Commission 2010-201 1 Work Plan 248 GEM of the DESERT Community Services Commission Work Plan 2010-2011 249 1of10 COMMUNITY SERVICES COMMISSION PHILOSOPHY The general purpose of the Community Services Commission is to encourage the development of a planned and orderly approach to the delivery of leisure and community services in the City. The objectives of the Commission are to: ♦ Serve in an advisory capacity to the City Council on identifying matters pertaining to recreation, cultural arts, and community services; ♦ Communicate the availability of services to citizens through both private and public resources to avoid duplication and conflict of effort; ♦ To evaluate the effectiveness of services provided. ASSIGNMENT ITEMS: PAGE 2010-201 1 Specific Goals and Objectives 2 Parks and Recreation Marketing Plan 4 Park/Recreation Planning and Development 5 Liaison to the Community 6 Community Events 7 Park Management Program 8 Advisory Body to City Council 9 Art in Public Places 10 250 2 of 10 2010-2011 Specific Goals and Objectives ASSIGNMENT ITEMS GOALS AND OBJECTIVES Parks/Recreation Marketing Plan Review and update the Community Services Marketing Plan for implementation by staff. Planning & Development Review proposed park and recreation improvements and provide input into the Parks and Recreation and Open Space Elements of the General Plan Update Liaison To Community Invite local service providers to attend Commission meetings to describe services available to residents. Community Events Host numerous citywide events throughout the year. Work with other community groups and non-profit organizations and help to coordinate events in the Village. Park Management Plan Monitor the park management plan that serves as preventive maintenance and management of existing public park facilities. Work with CVWD on water reduction and usage and make recommendations for parks. Advisory Body to City Council Review issues relating to Parks and Recreation and take action as directed from City Council; maintain communication with City Council; and provide annual work plan for City Council review. Art in Public Places Update the recommendations in the Art in Public Places Strategic Plan and continue to support the preventative art maintenance program based upon the maintenance needs of each art piece. Utilize the Artist's Registry from the La Quinta Arts Foundation. 251 3 of 10 Task: Parks / Recreation Marketing Plan Completion Date: August 2010 Participants: Commissioners Suggested Resources: Community Services staff and City Manager's office Steps to Completion: The Commission will review the Community Services Department marketing plan and identify effectiveness based on participation levels, cancellation rates, surveys and suggest improvements to the plan. This plan is integrated with the city's Marketing Plan. Staff Time: 40 hours during marketing plan development and implementation. Fiscal Commitment: $57,600 plus staff time Staff Role: Provide information and implement the plan. City Council Role: Provide direction to Commission to fulfill this assignment. Reference: 2.95.040 9): Make recommendations to the City Council on how to disseminate, publicize and promote recreation programs to the citizens of La Quinta. 252 4 of 10 Task: Park/Recreation Planning and Development Completion Date: On -going Participants: Commissioners. Staff and User Groups, if needed. Suggested Resources: La Quinta Comprehensive General Plan Steps to Completion: The Commission will review proposed park and recreation facility development. Provide input into the Parks and Recreation and Open Space elements of the General Plan Update Staff Time: 50-60 hours per project depending on scope of project. Fiscal Commitment: Dependant upon the park project Staff Role: Provide support and liaison to the City Council. City Council Role: include the Commission in the design and development process and conduct public hearings. Review and consider Commission recommendations. Reference: 2.95.040 (5) Serve as a public forum and conduct public hearings (11): Review individual park master plans for recommendation to City Council. 5 of 10 Task: Liaison to the Community Completion Date: On -going Participants: Commissioners Suggested Resources: Utilize government agencies and area non -profits including Desert Recreation District, YMCA of the Desert, Gerald R. Ford Boys and Girls Club of La Quinta and the Stewards of the Fred Wolff Bear Creek Nature Preserve. Steps to Completion: Invite service provider representatives to the Commission meetings to inform the Commission of available services to the community. Assist in the coordination of a Valley wide Commissioners training session. Invite recipients of Community Service Grants to attend Commission meetings to communicate about City supported programs and services. Staff Time: 1 to 2 hours quarterly. Fiscal Commitment: None. Staff Role: Provide support and liaison to the City Council. City Council Role: Provide Commission with specific methods as to how to best represent the City Council. Reference: Chapter 2.95.040 (a) (12) Aid in coordinating the park and recreation services of other governmental agencies and volunteer organizations. Chapter 2.75.040(6) Work cooperatively with City Boards, Commissions and committees, and other public and private organizations promoting art and cultural activities within the City. (13) Make recommendations to the City Council on community issues. 1. 254 r] .smtel Task: Completion Date: Participants: Community Events On -going Commissioners Suggested Resources: Community Resources and Agencies. Steps to Completion: Host numerous citywide events throughout the year. Work with community non -profits and local businesses. Special Events for Fiscal Year 2010- 2011 including National Night Out, Halloween Carnival, Trails Day, Christmas Tree Lighting Ceremony, La Quinta Youth Festival, Easter Egg Hunt, Community Picnic and Birthday Party, Open Air Cinemas and Resident Acknowledgements. Staff Time: 20 - 40 hours per event. Fiscal Commitment: $14,500 for event development. Staff Role: Provide support and liaison to the City Council. City Council Role: Provide Commission with direction/comment. Reference: Chapter 2.95.040 (15): Recommend to the City Council and upon authorization conduct such programs as, in the opinion of the commission, will increase goodwill and participation among the residents of the community. 255 7 of 10 Task: Park Management Program Completion Date: Summer 2011 Participants: Commissioners Suggested Resources: Various public agencies in the community. Steps to Completion: The Commission will provide staff input to existing park conditions and make comments regarding ongoing park management, maintenance and repair and replacement. Work with the Coachella Valley Water District (CVWD) to continue to monitor water usage and make recommendations for parks and sports fields. This Commission will recommend updates to the Fred Wolff Bear Creek Nature Preserve Master Plan. Staff Time: 15-20 hours per week. Fiscal Commitment: None. Staff Role: Utilize the Coachella Valley Water District water use assessment and continue with several demonstration projects for the Commission to review and approve. City Council Role: Provide approval for Commission to fulfill this assignment. Reference: Chapter 2.95.040 (10): Review parks maintenance standards and quality. 256 8 of 10 Task: Completion Date: Participants: Suggested Resources: Advisory Body to City Council On -going Commissioners To Be Determined. Steps to Completion: The Commission will review issues relating to Parks and Recreation and take action as directed from City Council, maintain communications with City Council and provide annual work plan for City Council review. Staff Time: 4 - 6 hours per month. Fiscal Commitment: None. Staff Role: Provide support and liaison to the City Council. City Council Role: Provide Commission with specific direction as to how to better assist the City Council. Provide opportunities to meet with City Council through joint meetings. Reference: Chapter 2.95.020 (a): to serve as an advisory capacity to the City Council; 2.95.040 (a)(4): receive and act on all assignments made by City Council; 2.95.040 (a)(5) Serve as a public forum and conduct public hearings for recreation and human service concerns; 2.95.060 (C): The City Council shall periodically review the progress of the Commission. 257 9 of 10 Task: Art in Public Places (APP) Completion Date: On -going Participants: Commissioners and staff Suggested Resources: Commissioners, City Council, Developers and La Quinta Arts Foundation and Residents. Steps to Completion: Review the proposed artwork in relationship to the site and appropriateness of scale with consideration to diversity of artists, art work, and proposed budget. Continue the art preventive maintenance program based upon the needs of each art piece and add APP placards to the art locations. Update recommendations from the APP Strategic Plan including the development of an Artist's Registry. Consider APP and Civic art Purchases for the northern portion of the city, Civic Center Campus, and the Museum. Support and promote cultural offerings held in the City. Staff Time: 15 - 20 hours per project. Fiscal Commitment: Funds appropriated from the Art in Public Places Account. Staff Role: Consider site, art piece, and appropriation of funds. City Council Role: Art placement subject to final City Council approval. Reference: Chapter 2.75.040 (12) The Commission will submit to the City Council a recommendation for ratification of public art to be financed by the Art in Public Places program. (15) The Commission will make recommendations to the City Council for the commissioning of artworks, the purchase or lease of art sites, agreements for the purchase and display of artwork, or the repair, maintenance or servicing of artwork. 258 10 of 10 T-ihf 4 4 a" COUNCIL/RDA MEETING DATE: May 4, 2010 ITEM TITLE: Consideration of Appointment of a Delegate and Alternate to the Southern California Association of Governments (SCAG) General Assembly RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Appoint one member of the City Council as the voting Delegate and one member as the Alternate for the SCAG General Assembly. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The SCAG General Assembly will be held on May 5 — 7, 2010 at the La Quinta Resort & Hotel. SCAG has requested each member city to appoint a Delegate and Alternate to vote and participate in the General Assembly. Upon appointment, both the Delegate and Alternate must file a Form 700 with Corinne Striepeke, SCAG Government & Public Affairs Group. The City Clerk will provide a Form 700 and forward to SCAG upon completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appoint one member of the City Council as the voting Delegate and one member as the Alternate for the SCAG General Assembly; or 2. Do not appoint one member of the City Council as the voting Delegate and one member as the Alternate for the SCAG General Assembly; or I Provide staff with alternative direction. Respectfully submitted, Veronica J. M tecino, CMC, City Clerk Approved for submission by: Thomas P. Genovese, City Manager 260 Department Report: 1-4 LVok �OFTtR TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager, Management Services DATE: May 4, 2010 SUBJECT: Department Report - Response to Public Comment The following public comments were made at the April 20, 2010 City Council meeting: 1. Gerald London, 79-827 Castille Drive, former member of the Orange County Trails Committee, stated he is interested in serving on a City Commission and discussed his qualifications. Mayor Adolph referred him to Community Services Director Hylton to apply for the Community Services Commission. 2. Stephanie Stinson, 53315 Avenida Bermudas, addressed the traffic on Avenida Bermudas and requested the speed limit be reduced. Mayor Adolph and Council Member Henderson commented on the speed limit, and Council Member Henderson said it is worth taking a look at other options. Mayor Adolph asked Public Works Director Jonasson to bring some suggestions back. Mayor Adolph also asked Police Chief Vigue to place emphasis on speed control on Avenida Bermudas. ?-61 DEPARTMENT REPORT: 3—A a, C&�i� 0 p 4 QuiK& (J CFM OF T'�w TO: Honorable Mayor and Members of the City Council FROM: Veronica J. Montecino, CMC, City Clem DATE: May 4, 2010 SUBJECT: City Council Summer Meeting Schedule In previous years, the City Council has chosen to approve a modified summer schedule, holding only one City Council meeting during August and/or September. If it is the Council's pleasure to hold one meeting in August and/or September again this year, direction to the: City Clerk to adjourn the designated meeting(s) due to lack of a quorum would be in order. The regular meetings scheduled for August and September 2010 are as follows: August 3, 2010 September 7, 2010 August 17, 2010 September 21, 2010 Staff would appreciate receiving direction from the City Council to schedule public hearings and other matters for future meetings. 26 Department Report: ?— a� i S .��,�• ow�w y OF Tt� TO: The Honorable Mayor and Members of the City Council The Honorable Chairman and Members of the Planning Commission FROM: Les Johnson, Planning Directo DATE: May 4, 2010 SUBJECT: Department Report Regarding - General Plan Monthly Update for May, 2010 La Quinta's public outreach efforts for the 2035 General Plan update had a successful start with the first Community Workshop hosted at the La Quinta Library on the evening of April 21, 2010. The first community workshop gave staff an opportunity to introduce the community to the General Plan update process in an "open -house" style format that included a series of interactive stations. During the event, Planning staff presented a new short informational video about the General Plan update process and Community Services staff hosted a special station to promote their upcoming recreational programs. Approximately 40 people attended the event, providing staff with valuable input and a number of positive suggestions. The public outreach program for the General Plan update continues with special stakeholder meetings scheduled for the month of May. These stakeholder meetings will focus on property and business owners within the Village and along Highway 111. Staff is currently preparing for the first Village stakeholder meeting, scheduled for May 12, at 2:30 p.m. at the La Quinta Museum. One week later, staff will be hosting the Highway 111 property owner's stakeholder's meeting, tentatively scheduled for May 19, at 3:00 p.m. in the Session Room. This will be followed by a special stakeholder's meeting for business owners along Highway 111 the following week. Because the Village and Highway 111 corridor have both been identified as focus areas for additional consideration during the update process, these stakeholders meetings will provide staff with valuable feedback specific to these areas. 26;; Staff will be continuing their public outreach program with a special presentation to the Vista Santa Rosa Community Council on May 26. Staff will be discussing long- range planning efforts in the Sphere of Influence and the City's interest in preparing a special Vista Santa Rosa -focused (VSR) master plan once the General Plan update is completed. Staff will be fielding questions about the General Plan and will provide information about the update process to the VSR Community Council at the meeting. The preparation of the draft sections of the General Plan update have also begun. Staff recently routed an early draft policy framework to other city departments for review and comment and will soon be starting work on the format and layout of the General Plan document. Staff will be working closely with the consulting team to incorporate comments from the public workshops into the draft sections. w.. 264 Wanda Wise -Latta From: Debra Winter [tdwinter@mtco.com] Sent: Tuesday, May 04, 2010 1:14 AM To: Council Subject: The "Pit Bull Guy" Dear City of La Quinta, CA Mayor DON ADOLF Mayor Pro Tem KRISTY FRANKLIN Councilman Mr. STANLEY SNIFF Councilwoman Ms.TERRY B. HENDERSON Councilwoman Ms. LINDA EVANS Page 1 of I %lrri�jl/ The purpose of this note is to endorse Chef David Eldelstein who is the guardian of three American Pit Bull Terriers, each one unique, well trained & behaved. He and his dogs are ambassadors for the misunderstood American Pit Bull Terrier. David is extremely knowledgeable and passionate about the bully breeds. He would be an excellent person to have on board to offer support and insight to the breed. David understands responsible ownership! He works strenuously to educate communities about the need for responsible ownership and advocates that irresponsible guardians should be held accountable for dog incidents. His knowledge can provide viable solutions to the 'pit bull problem "as he understands the politics of this breed. He is a fantastic educator and advocate for the breed and has put together some amazing videos that offer insight & education. He strongly promotes spay/neuter and promotes education and the need for such. I hope you will give this "Pit Bull Guy" an opportunity to work with you. It would be a win - win for all of you! Thank you, Debra Winter Animal Lover & Networker "Only hindness matters. We are God's hands."—Jeivel Ourpets are "someone" not a "something"... 5/4/2010 May 3, 2010 Mayor Don Adolph La Quinta, California Dear Mayor Adolph, RECEIVED 2010 nay 4 Ail � 27 CITY OF LA QUINTA CITY CLERK'S OFFICE We are in full support of pit bull restrictions for La Quinta. Our fear of pit bulls keeps us from fully enjoying the Bear Creek Trail nor will we walk around our neighborhood in the Cove. We have seen a young man with a club and a pit bull walking the trail. His pit bull lunges at our 40 pound wheaten terrier every time even though we leave the trail to walk on the street when we see him coming. If his leash broke our dog would be dead and we know we would be badly hurt for trying to save our dog. We sometimes do not go for our walk for fear of running into this person and his dog. If we do not totally ban pit bulls from our city as Denver has then enforcing a muzzle law would certainly help the fear and safety level of the people in our city. Thank you for taking this matter seriously. It is sad that your wife, Mr. Chitwood and many others had to be bitten to bring about change. We appreciate immediate action. We all love La Quinta and our dogs with a little respect we can all enjoy this beautiful place. Sincerely, Bill and Maggie Gord n 51133 Avenida Vallejo La Quinta, Ca 92253 775 742-7909 - cell T4ht 4 4a Qumrcu AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 4, 2010 CONSENT CALENDAR: ITEM TITLE: Public Hearing on Landscape and Lighting STUDY SESSION: Assessment District 89-1, Fiscal Year 2010-201 1 PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council confirming the diagram and assessment for Landscape and Lighting Assessment District 89-1, Fiscal Year 2010-2011, pursuant to the Engineer's Report (Attachment 1). FISCAL IMPLICATIONS: Adoption of the Resolution is required in order to levy the annual assessment for the District. The estimated total cost for Fiscal Year 2010-2011 is $1,813,842 for maintenance of landscape and lighting, medians, and parkways within the public right-of-way. The estimated assessment levy for the landscape and lighting portion is $965,330. An estimated $250,000 will be collected from County Service Area (CSA) 152 assessments for stormwater facilities bringing the total right-of-way deficit to $598,512. Park maintenance costs have been separated from the District costs within the Engineer's Report for the district. The parks maintenance cost is estimated to be an additional $1,030,221 for Fiscal Year 2010-2011 bringing the total deficit for right-of-way and parks maintenance to $1,628,733. Staff proposes that this amount be funded through a General Fund contribution of $1,628,733 in Fiscal Year 2010-2011. CHARTER CITY IMPLICATIONS: None. 26-3 BACKGROUND AND OVERVIEW: On April 6, 2010, the City Council adopted the following Resolutions: • Resolution No. 2010-022, approving the Preliminary Engineer's Report for Fiscal Year 2010/2011 in Connection with Landscape and Lighting Assessment District 89-1 . • Resolution No. 2010-023, declaring intention to levy annual assessments for construction, maintenance, and servicing landscape and lighting improvements within the boundaries of the territory included in the Citywide Landscape and Lighting Assessment District 89-1, and giving notice thereof. The Engineer's Report is required by the Landscape and Lighting Act of 1972 and must include the following information: 1 . A description of the services to be provided throughout the District; 2. Total costs necessary to provide all services described in the Engineer's Report; 3. A diagram showing the boundaries of the District, including special benefit zones;and 4. An assessment schedule. The April 6, 2010 Engineer's Report and parcel reconciliation, prepared by Willdan Financial, provided the preliminary information for the Landscape and Lighting District 89-1 for Fiscal Year 2010-2011. The final Engineer's Report and parcel reconciliation is attached. The Engineer's Report projects the following for Fiscal Year 2010-2011 in comparison to the Fiscal Year 2009-2010 Engineer's Report: FY 2009-2010 FY 2010-2011 Citywide Benefit Zone Yes Yes Number of Local Benefit Zones 6 6 Number of Equivalent Dwelling Units (EDU's) 26,906 27,116 EDU Rate $35.60/EDU $35.60/EDU District Revenue $957,810 $965,330 The actual assessment per equivalent dwelling unit (EDU) has not changed from the previous year. The Engineer's Report was completed in accordance with provisions set forth by Proposition 218, which was passed by the voters during the November 1996 election. The estimated Fiscal Year 2010-2011 District exempt cost is $1,813,842. Based on this estimate, the citywide benefit assessment for right-of-way maintenance would be $72.43/EDU. The current assessment is $35.60. Proposition 218 does not allow for assessment increases without a city-wide property owner protest ballot after an engineer's report is prepared which establishes that special benefit is provided by the public improvements. City staff will monitor the progress of existing and future legislation clarifications and/or litigation to determine if a different methodology or other finance methods may be utilized in the subsequent fiscal years. The purpose of this Public Meeting/Hearing is to allow affected property owners an opportunity to ask questions of the City Council and staff regarding the district and to provide public testimony regarding any proposed changes. No changes are proposed at this time. Only after the public meeting/hearing has been conducted can the City Council adopt assessment fees for Fiscal Year 2010-201 1 . Should the City Council receive testimony from the public through the end of the public meeting/hearing that warrants a change to the assessment level, the City Council can only lower the assessment levels without conducting a public vote. A reduction in the assessment level will impact the revenues necessary to fund the proposed Landscape and Lighting operational budget for Fiscal Year 2010-2011. If service levels are not adjusted accordingly, the General Fund would be required to make up the difference between the reduced revenue level and the proposed Landscape and Lighting operational budget. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council confirming the diagram and assessment for Landscape and Lighting Assessment District 89-1, Fiscal Year 2010-201 1, pursuant to the Engineer's Report; or 2. Direct staff to adjust the Engineer's Report to reflect any changes approved by the City Council upon the conclusion of the public meeting/hearing. Should the City Council direct amendments to the Engineer's Report, an amended Engineer's Report and the impacts of the amendments will be submitted to the City Council for approval at the June 15, 2010 City Council meeting. Upon approval, the City Council will adopt a resolution confirming the assessment diagram and assessments for Fiscal Year 2010-201 1, pursuant to the modified Engineer's Report. Any reduction in the assessment will result in a reduction of Landscape and Lighting District revenues available for Fiscal Year 2010-201 1 , requiring one or a combination of the following: M.., 26 1 • Supplement Fiscal Year 2010-2011 revenues with other fund sources, such as the General Fund; and/or • Reduce services to reflect the reduced revenue levels; or 3. Provide staff with alternative direction. Respectfully submitted, dothy . J nas o , P.E. Public W Dir or/City Engineer Approved for submission by: ?7 homas P. Genovese, City Manager Attachment: 1. Annual Levy Report 'o., .. 268 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 2010-2011 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 (PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. Pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, the City Council directed the City Engineer to prepare and file an annual report for Fiscal Year 2010-201 1 . SECTION 2. The City Engineer filed an annual report on April 6, 2010, and the City Council adopted a Resolution of Intention to Levy and Collect Assessments within Landscape and Lighting Assessment District 89-1 for Fiscal Year 2010-2011 and set a Public Meeting/Hearing date of May 4, 2010 at the La Quinta City Council Chambers, 78-495 Calle Tampico, La Quinta, California. Notice of the Public Meeting/Hearing was given in the time and manner required by law. SECTION 3. On May 4, 2010, a Public Meeting/Hearing for which notice was given, was conducted at which every interested person was given an opportunity to object to the proposed assessment in writing or orally, and the City Council has considered each protest. SECTION 5. On May 4, 2010, the City Council found that written protests against the proposed assessment had not been made by owners representing more than one-half of the area of the land to be assessed. SECTION 6. The City Council hereby confirms the diagram and assessment as set forth in the annual report of the Engineer of Work and hereby levies the assessment set forth for Fiscal Year 2010-2011 . 269 Resolution No. 2010- Landscape and Lighting Assessment District 89-1 Adopted: May 4, 2010 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4`h day of May 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California Fill il*tIF 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 a. 270 ATTACHMENT 1 City of La Quinta ENGINEER'S ANNUAL LEVY REPORT Street Lighting and Landscape District No. 89-1 Fiscal Year 2010/2011 INTENT MEETING: April 6, 2010 PUBLIC HEARING: May 4, 2010 WI LLDAN ? Financial Services W. 271 ENGINEER'S REPORT AFFIDAVIT Establishment of Annual Assessments for the: City of La Quinta Street Lighting and Landscape District No. 89-1 Riverside County, State of California This Report and the enclosed diagrams show the exterior boundaries of the District as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this day of 2010. Willdan Financial Services Assessment Engineer On Behalf of the City of La Quinta M Adina Vazquez, Senior Project Manager District Administration Services 0 Richard Kopecky R. C. E. # 16742 2� 2 ENGINEER'S REPORT CITY OF LA QUINTA STREET LIGHTING AND LANDSCAPE DISTRICT NO.89-1 I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached was filed with me on the day of 2010. BY: Veronica J. Montecino, CMC, City Clerk City of La Quinta Riverside County, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached, was approved and confirmed by the City Council of the City of La Quinta, California, on the day of , 2010. BY: Veronica J. Montecino, CMC, City Clerk City of La Quinta Riverside County, California I HEREBY CERTIFY that the enclosed Assessment Roll was filed with the County Auditor of the County of Riverside, on the _day of 2010. BY: Veronica J. Montecino, CMC, City Clerk City of La Quinta Riverside County, California 2�J TABLE OF CONTENTS I. OVERVIEW.....................................................................................................................1 A. INTRODUCTION.................................................................................................................................... 1 B. HISTORICAL BACKGROUND AND LEGISLATION........................................................................................2 II. DESCRIPTION OF THE DISTRICT................................................................................2 A. DISTRICT BOUNDARIES AND SPECIFIC AREAS OF IMPROVEMENT............................................................. 2 B. IMPROVEMENTS WITHIN THE DISTRICT.................................................................................................. 2 III. METHOD OF APPORTIONMENT..............................................................................3 A. GENERAL...........................................................................................................................................3 B. BENEFITANALYSIS..............................................................................................................................4 C. METHODOLOGY...................................................................................................................................5 IV. DISTRICT BUDGETS.................................................................................................8 A. DESCRIPTION OF BUDGET ITEMS..........................................................................................................8 B. 2010/2011 DISTRICT BUDGET.............................................................................................................9 APPENDIX A - DISTRICT ASSESSMENT DIAGRAMS.....................................................12 APPENDIX B - 2010/2011 ASSESSMENT ROLL..............................................................13 274 City of La Quinta Fiscal Year 2010/2011 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 Overview A. Introduction The City of La Quinta (the "City") annually levies and collects special assessments in order to provide and maintain the facilities, improvements and services within Street Lighting and Landscape District No. 89-1 (the "District"). The District was formed in 1989 pursuant to the Landscaping and Lighting Act of 1972 (the 1972 Act"), Part 2 of Division 15 of the Streets and Highways Code and authorizes the Agency to annually levy and collect assessments to maintain the services and improvements related thereto. This Engineer's Annual Levy Report (the "Report") describes the District, any changes to the District, and the proposed assessments for Fiscal Year 2010/2011. The proposed assessments are based on the estimated cost to maintain improvements that provide special benefit to properties assessed within the District. The various improvements within the District and the costs of those improvements are identified and budgeted separately, including expenditures, deficits, surpluses, revenues, and reserves. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor Parcel Number ("APN") by the Riverside County Assessor's Office. The Riverside County Auditor/Controller uses Assessor Parcel Numbers and specific fund numbers on the tax roll to identify properties assessed forspecial district benefit assessments. Each parcel within the District is assessed proportionately for those improvements provided by the District and from which the parcel receives special benefit. Following consideration of public comments, written protests at a noticed public hearing and review of the Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the assessments, the Council may order the levy and collection of assessments for Fiscal Year 2010/2011 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the County Auditor/Controller, and included on the property tax roll for each benefiting parcel for Fiscal Year 2010/2011. Willdan Financial Services Page 1 .. Z7J City of La Quinta Fiscal Year 2010/2011 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 B. Historical Background and Legislation The assessments for the District provide a special benefit to the parcels assessed, and the City utilizes General Fund Revenues to fund improvements and services that are considered general benefit. This District was formed pursuant to the 1972 Act, which permits the establishment of assessment districts by cities for the purpose of providing for the maintenance of certain public improvements, which include the facilities existing within the District, as those improvements provide a special benefit to parcels. The City Council reviews the current and projected years' costs for the construction, operation, maintenance, and servicing of the District facilities and sets the assessment for the ensuing fiscal year, which runs between July 1 and June 30. II. Description of the District A. District Boundaries and Specific Areas of Improvement The boundaries of the District are coterminous with the boundaries of the City. The Diagram of the District showing the exterior boundaries has been submitted to the City Clerk at the City and is included by reference. B. Improvements Within the District The District improvements are the operation, servicing and maintenance of landscaping, lighting and appurtenant facilities, including, but not limited to, personnel, electrical energy, water, materials, contracting services, and other items necessary for the satisfactory operation of these services described as follows: • Landscaping and Appurtenant Facilities include, but are not limited to, landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance and appurtenant facilities, located within the public street rights -of -way, parkways, medians, trails, and dedicated street, drainage or sidewalk easements within the boundary of the District. • Lighting and Appurtenant Facilities include, but are not limited to, poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, controllers and appurtenant facilities as required to provide safety lighting and traffic signals within public street rights -of -way and easements within the boundaries of the District. Willdan Financial Services Page 2 276 City of La Quinta Fiscal Year 2010/2011 Engineers Annual Levy Report Street Lighting and Landscape District No. 89-1 Maintenance is defined as the furnishing of services and materials for the operation and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of landscaping, public lighting facilities, or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste. • Servicing is defined as the furnishing of water for the irrigation of the landscaping and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities. The plans and specifications for the improvements are on file in the office of the City Engineer and are by reference made a part of this report. III. Method of Apportionment A. General The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements that include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairlydistributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. " The formula used for calculating assessments in this District therefore reflects the composition of the parcels, and the improvements and services provided, to apportion the costs based on benefit to each parcel. Willdan Financial Services Page 3 .. 217 City of La Quinta Fiscal Year 201012011 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 B. Benefit Analysis Properties within the District boundary are found to derive a special benefit from the improvements provided by the District. These properties include single family residential, non-residential, vacant residential and non-residential, golf courses, agricultural and hillside conservation properties, vacant and remote non-residential and rural and estate residential properties. Special Benefits The method of apportionment (method of assessment) is based on the premise that each assessed parcel receives special benefit from the improvements maintained and funded by the assessments, specifically, landscaping and lighting improvements installed in connection with the development of these parcels. The desirability of properties within the District is enhanced by the presence of well - maintained parks, landscaping and lighting improvements in close proximity to those properties. The annual assessments outlined in this Report are based on the estimated costs to provide necessary services, operation, administration, and maintenance required to ensure the satisfactory condition and quality of each improvement. The special benefits associated with the parks and landscaping improvements are specifically: • Enhanced desirability of properties through association with the improvements. • Improved aesthetic appeal of properties within the District providing a positive representation of the area. • Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping. • Environmental enhancement through improved erosion resistance, and dust and debris control. • Increased sense of pride in ownership of property within the District resulting from well - maintained improvements associated with the properties. • Reduced criminal activity and property -related crimes (especially vandalism) against properties in the District through well -maintained surroundings and amenities. • Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. Wi/loan Financial Services Page 4 278 City of La Quinta Fiscal Year 2010/2011 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods, specifically: • Enhanced deterrence of crime — an aid to police protection. • Increased nighttime safety on roads and highways. • Improved visibility of pedestrians and motorists. • Improved ingress and egress to and from property. • Reduced vandalism, damage to improvements or property, and other criminal acts. • Improved traffic circulation and reduced nighttime accidents and personal property loss. • Increased promotion of business during nighttime hours in the case of commercial properties. The preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District. C. Methodology Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method that distributes the net amount to be assessed among the assessable parcels in proportion to the estimated special benefits to be received by each such parcel from the improvements. The special benefit formula used within the District should reflect the composition of the parcels - and the improvements and services provided therein - to apportion the costs based on estimated special benefit to each parcel. The cost to provide maintenance and service of the improvements within the District shall be equitably distributed among each assessable parcel based on the estimated special benefit received by each parcel. Equivalent Dwelling Units To equitably spread special benefit to each parcel, it is necessary to establish a relationship between the various types of properties within the District and the improvements that benefit those properties. Each parcel within the District is assigned an Equivalent Dwelling Unit ("EDU") factor that reflects its land use, size and development, ordevelopment potential. Parcels that receive special benefitfrom the various District improvements are proportionately assessed forthe cost of those improvements based on their calculated EDU. The EDU method assessment for this District uses the Single Family Residential parcel as the basic unit of assessment. A Single Family Residential ("SFR") parcel equals one EDU. Every other land -use is assigned an EDU factor based on an assessment formula that equates the property's specific land -use and relative special benefits compared to the Single Family Residential parcel. Willdan Financial Services Page 5 219 City of La Quinta Fiscal Year 2010/2011 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 The EDU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the benefits to each parcel from the improvements are apportioned as a function of land use type, size, and development. The following table provides a listing of land use types, the EDU factors applied to that land use and the multiplying factor used to calculate each parcel's individual EDU for each improvement provided in the District. During the formation of the District, a methodology was developed to calculate the EDUs for other residential and non-residential land use parcels, which are outlined below for reference. Every land use is assigned EDUs based on the assessment formula approved for the District. Parcels which have been determined to receive greater benefit than the SFR parcel are assigned more than 1 EDU and parcels that are determined to receive lesser benefit than SFR parcels are assigned less than 1 EDU as reflected in the Assessment Methodology. Land Use EDU Factor Exempt Parcels 0.0 Single Family Residential Parcels 1.0 per unit Non -Residential Parcels 5.0 per acre; 1.0 minimum Vacant Residential Parcels 0.33 per unit Vacant Non -Residential Parcels 1.65 per acre for first 20 acres only Golf Course Parcels 0.50 per acre; 1.0 minimum Agricultural Parcels 0.25 per acre; 1.0 minimum Hillside Conservative Zone Parcels 0.10 per acre Vacant & Remote Parcels 0.825 per acre for first 20 acres only Rural/Estate Residential 1.0 + 0.33 per acre in excess 1 acre Single -Family Residential The City's General Plan allows up to one acre of area for subdivided residential lots. The subdivided single family lot equal to or less than one acre in size is the basic unit for calculation of the benefit assessments. Parcels less than one acre in size zoned for single-family residential use are assessed one (1) EDU. Non -Residential The factor used for converting nonresidential is based on the average number of typical single-family residential lots of five per acre. Therefore, non-residential parcels will be assessed five (5) EDUs per acre with a minimum number per parcel of one (1) EDU. Willdan Financial Services Page 6 280 City of La Quinta Fiscal Year 2010/2011 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 Vacant Residential Parcels defined as single family residential parcels less than one acre and having no structure will be assessed 33 percent (33%) of a single-family dwelling, or 0.33 EDU per parcel. Vacant Non -Residential Parcels not considered single family residential parcels less than one acre, and having no structure will be assessed based on acreage. The typical development in La Quinta occurs in increments of twenty (20) acres or less. The first twenty (20) acres of a Vacant Non -Residential parcel will be assessed at a rate of 33 percent (33%) of developed nonresidential properties, or 1.65 EDU per acre or any portion of an acre. The minimum number of EDUs per parcel is one (1) EDU. Any parcel of land greater than twenty (20) acres is considered open space and exempt from assessment until such time as parcel subdivision or development occurs. Golf Courses Properties identified as golf courses will be assessed a rate of 10 percent (10%) of the developed nonresidential properties, or 0.50 EDU per acre or any portion of an acre. The minimum number per parcel is one (1) EDU. Agricultural Properties identified as agricultural will be assessed a rate of 5 percent (5%) of developed nonresidential properties, or 0.25 EDU per acre or any portion of an acre. The minimum number per parcel is one (1) EDU. Hillside Conservation Parcels located in areas zoned Hillside Conservation per the City's Official Zoning Map will be assessed on the basis of allowable development within the Hillside Conservation Zone. The parcel will be assessed as one dwelling unit per ten (10) acres or 0.10 EDU per acre or any portion of an acre. Vacant and Remote Non -Residential Parcels (Annexation No. 9) Parcels not considered single family residential parcels less than one (1) acre and do not contain structures, will be assessed based on acreage. The City defines Vacant and Remote Non -Residential as parcels physically separated from City services and not readily able to develop due to difficult access and utility limitations. The land values are typically one half the value of other Vacant Non - Residential parcels because of the high cost of constructing appropriate access and utility infrastructures necessary. The Vacant and Remote Non -Residential parcels are assessed a rate of 0.825 EDUs per acre or portion thereof, for the first twenty (20) acres, with a minimum of one (1) EDU per parcel. Willdan Financial Services Page 7 281 Qq City of La Quinta Fiscal Year 2010/2011 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 Rural/Estate Residential Parcels of one acre or more in size, but having only one residential unit are identified as Rural/Estate Residential. These parcels will be assessed a rate of one (1) EDU for the first acre and 0.33 EDUs for each additional acre or portion of an acre. Exempt Property Publicly owned property and utility rights -of -way are exempt from assessment, as well as parcels of land shown on the County Assessor's records as Vacant Desert Land, Vacant Mountain Land, Agricultural Preserve and Public Utility owned land. This Report does not propose an increase in the District assessment rates for Fiscal Year 2010/2011 over or above the maximum rate established. The proposed rate per EDU for Fiscal Year 2010/2011 is the same rate assessed for Fiscal Year 2009/2010. The base assessment rate to be approved for Fiscal Year 2010/2011 is $35,60. The maximum assessment rate per EDU may not increase without a vote of the property owners in the District. Therefore, the assessment is proposed to remain at the maximum amount of $35.60 per EDU. This equates to total projected assessment revenue of $965,330. The City proposes the remaining $1,878,733 be funded through a General Fund contribution of $1,628,733 and $250,000 of revenue from CSA 152. IV. District Budgets A. Description of Budget Items The 1972 Act requires that a special fund be established and maintained for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purposes as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. The following describes the services and costs that are funded through the District, shown in the District Budgets. District Costs Personnel— Reflects relevant City Staff salaries, wages and benefits, and also includes Worker's Comp insurance, Stand -By, and Overtime labor. Contract Services — Includes contracted labor, such as the Riverside County Tax Roll Administration Fees, maintenance and repair of traffic signals, tree trimming, and security service. Willdan Financial Services Page 8 ^ $ 2 City of La Quinta Fiscal Year 2010/2011 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 Rental Services— Reflects funds used for the purpose of uniform rental. Vehicle Operations— Includes the maintenance of fleet vehicles. Utilities— Includes the electric, telephone, and water services. Travel Training &Meetings— Reflects the funds used for the purposes of training and meetings. Information Technology— Includes computers, printers, and other related items and services. Operating Supplies— This item includes plant replacement, safety gear, field materials, and the materials used for the purposes of removing graffiti. Small Tools/Equipment— Includes non -capital small tools and equipment. District Administration — The cost for providing the coordination of District services and operations, response to public concerns and education, as well as procedures associated with the levy and collection of assessments. This item also includes the costs of contracting with professionals to provide any additional administrative, legal or engineering services specific to the District including any required notices, mailings or property owner protest ballot proceedings. B. 2010/2011 District Budget For the purpose of estimating costs for the maintenance and servicing, actual costs are used where possible. However, where the improvements are new, or where actual maintenance experience is lacking, cost estimates will be used to determine costs. The Budget of estimated cost of operation, servicing, and maintenance for Fiscal Year 2010/2011 is summarized on the next page in Table 1. Willdan Financial Services Hage 9 2 Q City of La Quinta Fiscal Year 2010/2011 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 Table 1 Fiscal Year2010/2011 Budge Expenditures Fundin Fiscal Year 2010/11 L & L Assessments General Fund -Parks Personnel Salaries -Permanent Full Time $202,400 $80,500 $121,900 Other Benefits & Deductions 81,600 33,250 48,350 Stand By Stand By Overtime Overtime Total Personnel $284,000 $113,750 $170,250 Contract Services Annual Lighting & Landscape Report $15,000 $15,000 Civic Center Campus Lake Maintenance 4,000 4,000 Landscape Lighting Maintenance 189,000 150,000 39,000 Riverside County Tax Roll Admin Fee 17,500 17,500 Citywide Maintenance Contract 1,029,360 677,280 352,080 Maintenance & Repair 21,000 21,000 CVWD Lease -Pioneer Dog Park 4,000 4,000 Tree Trimming 36,000 30,000 6,000 Janitorial Services 31,900 31,900 Security Service -Corporation Yard 2,350 1,100 1,250 Total Contract Services $1,350,110 $890,880 $459,230 Rental Services Uniforms $1,320 $1,320 $0 Total Rental Services $1,320 $1,320 $0 Vehicle Operations Facilities Charges $0 $0 Fleet Maintenance 4,323 4,323 Total Vehicle Operations $4,323 $4,323 $0 Utilities Electric $536,300 $390,800 $145,500 Phone 400 400 Water 321,620 200,000 121,620 Total Utilities $858,320 $590,800 $267,520 Travel Training & $1,130 $530 $600 Meetings Total Travel Training & Meetings $1,130 $530 $600 Information Computers Printers and Services $8,270 $3,938 $4,332 Technology Total Information Technology $8,270 $3,938 $4,332 Operating Supplies Plant Replacement $61,000 $55,000 $6,000 Graffiti Removal 25,000 10,000 15,000 Safety Gear 400 400 Field Materials 110,000 60,000 50,000 Total Operating Su lies $196,400 $125,400 $71,000 Small Tools 1 Non -Capital $250 $250 $0 Equipment Total Small Tools/Equipment $250 $250 $0 Total Landscape & Liphting Budget $2,704,123 $1,731,191 $972,932 District Public Works Administration $43,787 $43,787 $0 Administration Citywide Administration 96,153 38,864 57,289 Total District Administration $139,940 $82,651 $57,289 Total Landscarie & Li htino Ex enditures $2,844,063 $1,813,842 $1,030,221 Less CSA 152 Revenue $250,000 Less General Fund Contribution 1,628,733 Balance to Levy $965,330 Total EDU 27,116 Levy Per EDU $35.60 Willdan Financial Services Page 10 n Q R City of La Quinta Fiscal Year 2010/2011 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 The following information was obtained from the Riverside County Assessor's Secured Roll, Assessor's Parcel Maps, and the City's Planning Department. The land use categories were developed to classify the different land use types in the City. Land Use FY 201012011 Parcel Count County Acres Prior Year EDU Prior Year Levy FY 201012011 EDU FY 201012011 Le (1) Agricultural Parcels 21.00 391.51 99.15 $3,529.42 99.15 $3,529.42 Exempt Parcels 2,205.00 9,697.63 0.00 0.00 0.00 0.00 Golf Course Parcels 296.00 3,547.61 1,827.25 65,048.16 1,831.14 65,186.64 Hillside Conservation Parcels 12.00 319.03 31.90 1,135.62 31.90 1,135.62 Multi -Family Residential Parcels 38.00 92.82 644.00 22,926.40 644.00 22,926.40 Non -Residential Parcels 245.00 545.01 2,622.10 93,346.76 2,755.90 98,110.04 Rural/ Estate Parcels 64.00 127.56 99.09 3,527.16 103.84 3,696.20 Single Family Residential Parcels 19,720.00 2,045.16 19,708.00 701,604.80 19,688.00 700,892.80 Vacant/ Remote Parcels 37.00 805.41 331.22 11,791.28 369.63 13,158.70 Vacant Non -Residential Parcels 280.00 727.29 693.96 24,703.06 791.90 28,189.50 Vacant Residential Parcels 1 2,426.00 1 724.60 786.39 1 27,976.42 1 800.58 1 28,481.24 Total 1 25,344.00 1 19,023.63 1 26,843.05 1 $955,589.08 1 27,116.04 1 $965,306.56 (1) The difference in the"Balance to Levy' figure in the previous table and the land use classification proposed levy in this table is due to the Riverside County even penny requirement for each charged parcel. At the time of the Report there was an increase in EDU assessed of 272.99 over the prior year estimates. Actual changes will be based on the final County Secured Roll for Fiscal Year 2010/2011. The difference is due to changes in County Land Use Classifications and development. Wllldan Financial Services Page 11 rt 8 5 L City of La Quinta Fiscal Year 2010/2011 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 Appendix A - District Assessment Diagrams The Boundary Diagrams for the original districts have previously been submitted to the Clerk of the City in the format required under the 1972 Act and are made part of this Report by reference. The parcel identification, lines and dimensions of each parcel within the District are those lines and dimensions shown on the Assessor Maps of Riverside County for the year in which this Report was prepared and is incorporated by reference and made part of this Report. Willdan Financial Services Page 12 2B 6 City of La Quinta Fiscal Year 2010/2011 Engineer's Annual Levy Report Street Lighting and Landscape District No, 89-1 Appendix B - 2010/2011 Assessment Roll Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Riverside County Assessor Parcel Maps and/or the Riverside County Secured Tax Roll forthe year in which this Report is prepared. Non -assessable lots or parcels may include government owned land; public utility owned property, land principally encumbered with public right-of-ways or easements and dedicated common areas. These parcels will not be assessed. A listing of parcels within the District, along with the proposed assessment amounts, has been submitted to the City Clerk and, by reference, is made part of this Report. Upon approval of the Report and confirmation of the assessments, the assessment information will be submitted to the County Auditor/Controller, and included on the property tax roll in Fiscal Year 2010/2011. If the parcels or APNs within the District and referenced in this Report, are re -numbered, re -apportioned or changed by the County Assessor's Office after approval of the Report, the new parcel or APNs with the appropriate assessment amount will be submitted to the County Auditor/Controller. If the parcel change made by the County includes a parcel split, parcel merger or tax status change, the assessment amount submitted on the new parcels orAPNs will be based on the method of apportionment and levy amount approved in this Report by the City Council. Willoan Financial Services ... 287 5 cFhf OF TtTF'9� COUNCIL/RDA MEETING DATE: May 4, 2010 AGENDA CATEGORY: ITEM TITLE: Public Hearing to Consider an Ordinance BUSINESS SESSION: Amending Title 9, Zoning of the La Quinta Municipal CONSENT CALENDAR: Code to Restrict the Placement of Permitted Temporary Signs Within the Public Right -Of -Way STUDY SESSION: (9.160.060); and to Revise Table 9-17 to Change PUBLIC HEARING: Maximum Sign Size and Height Restrictions for Exempt Signs (9.160.020) RECOMMENDATION Motion to take up Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. on first reading amending the La Quinta Charter and Municipal Code Section 9, Zoning. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS BACKGROUND AND OVERVIEW The La Quinta Municipal Code sign provisions were previously amended on May 5, 2009. These amendments restricted the placement of permitted temporary signs within the public right-of-way, reduced the posting period from 60 to 45 days prior to the event, and revised the maximum size and height standards for exempt directional and non-profit public information signs. 1". 288 A majority of City Council members recently requested reconsideration of the City's sign code provisions, specific to the placement of permitted temporary signs, including event signs, directional signs and political signs, within the City's public right-of-way. At the City Council meeting of December 1, 2009, Council Member Evans requested a study session be scheduled for the January 19, 2010 meeting where concerns were raised over the aesthetic impacts, sign placement within the public right-of-way, number of signs, and maximum time period allowable for sign placement (Attachment 1). On February 16, 2010, City Council moved by a vote of 3-2 to initiate the amendment process (Attachment 2). PROPOSAL: This particular Zoning Code amendment specifically applies to the sign provisions contained within Section 9.160 of the Zoning Code. The proposed amendments as introduced to the Planning Commission include changes to temporary sign placement within the public right-of-way, increasing the maximum time period for signs from forty-five (45) to sixty (60) days, increasing the maximum number of temporary signs from fifty (50) to one hundred (100), amending language to clarify maximum number of temporary signs on a single parcel of property and visibility of such signs. Placement in Public Right -of -Way Part F of Section 9.160.060 identifies placement restrictions for permitted temporary signs. Signs which are considered permitted temporary include garage sales, seasonal sales signs, and political signs. Sign placement is prohibited within the public right-of-way. Prior to the most recent sign code amendment, event signs and election signs could be placed within five (5) feet of curb or edge of pavement, which included placement within the center median of the public right-of-ways. The proposed amendment would allow the placement of temporary signs within five (5) feet of curb or edge of pavement but would also prohibit such signs within the center medians. Increase in Maximum Time Period Part B of Section 9.160.060 specifically addresses the maximum time period allowed for posting temporary signs. The current provision allows a maximum posting of forty-five (45) consecutive days. The proposed amendment would increase the maximum posting to sixty (60) days. Increase in Maximum Number Part E addresses the maximum number of temporary signs allowed per application, which is currently fifty (50). The proposed amendment would increase the maximum number of signs to not exceed one hundred (100). 289 Clarification of Miscellaneous Items The two items identified for clarification are located within Part F (Placement Restrictions) of Section 9.160.060. The language in question currently reads "Temporary signs shall be placed no less than two hundred feet apart from identical or substantially similar temporary signs and shall not be visible simultaneously with the boundaries of the city." The intent and purpose of this language is to ensure that temporary sign postings near city limits are not influenced by postings in neighboring cities. New language has been proposed to clarify this matter. Deposits Part G of Section 9.160.060 identifies the requirement of a refundable deposit in order to insure that all temporary signs are properly removed once the permitted posting time expires. The proposed amendment language identifies that only 50% of the deposit (currently established at $200) will be refunded to the applicant. Please note that the aforementioned represents the amendment language as presented to the Planning Commission at their April 13, 2010 meeting. As described later in this report, the Planning Commission recommendation does not include three of the five changes identified in this section and analyzed below. ANALYSIS: As previously stated, this code update has come at the request of the City Council as concerns have been raised regarding the ability for persons to adequately view political signs posted in the community. During the January 19, 2010 study session meeting, concerns were raised over the aesthetic impacts, sign placement within the public right-of-way, number of signs, and maximum time period allowable for sign placement. The proposed amendment addresses these items. Signs located within the center median of a public right-of-way create a visual impediment to drivers, create a potential safety hazard to those placing and removing the signs, and can be an aesthetic nuisance. Though prohibiting such signs from being placed in the medians may limit visibility and exposure of these signs it does minimize the risk faced with the placement and removal of temporary signs in locations that require entering into arterials accustomed to heavy volumes of traffic typically traveling at speeds in excess of 50 miles per hour. The amendment proposes to allow for twice the number of temporary signs per application, increasing the number from fifty (50) to one hundred (100). It should be noted that a particular candidate or issue could have more than one application for placement of temporary signs. For example, a candidate can make application and receive approval for the placement of temporary signs while another party could also make application for the placement of temporary signs for that particular candidate. Other parties could also do the same to where the number of signs could be a considerable amount. By increasing the number of such signs from 50 290 to 100 could have a significant effect should there be multiple applications from different parties for the same candidate or issue. Staff recommends that the City Council give careful consideration to this proposed amendment item. The current maximum posting period for permitted temporary signs is forty-five (45) days. The code amendment will increase the maximum time length to sixty (60) days. The increase in number of days will likely have a nominal impact overall, but will provide greater exposure to those who choose to vote via absentee ballot, which is typically cast well in advance of the actual voting date. The proposed amendment to retain 50% of the deposit has been brought forth in order to help recapture the cost associated with enforcement and collection of temporary signs being placed in violation of the code requirements. As the fee schedule currently provides for a deposit of $200 for each application, the applicant would be entitled to a refund of $100 if all signs are properly removed. Planning Commission The Planning Commission considered the proposed sign code amendment and conducted a public hearing at its April 13, 2010 meeting. Commissioners discussed the proposed amendment and expressed concern with another amendment to the temporary signs being proposed with minimal time lapsing since the last change. Commissioners discussed all five amendment categories and concluded that the existing language should remain the same except for: 1) the clarification of miscellaneous items and 2) allowing for only up to 50% of the deposit to be retained if an applicant violates the code requirements. After further discussion, summarized in the attached minutes (Attachment 3), the Planning Commission unanimously approved Resolution 2010-012, recommending City Council approve the proposed Sign Code Amendments as described above. The attached resolution and exhibit represent the Planning Commission recommendation. A separate exhibit (Attachment 4) represents the amendment language as presented to the Planning Commission. CEQA The approval of the Zoning Ordinance Amendments has been determined to be exempt from the California Environmental Quality Act (CEQA). The activity of amending the sign ordinance is covered by the general rule that CEQA only applies to projects with a potential for causing a significant effect on the environment. Future projects that may be affected by changes to the ordinance would be reviewed under CEQA individually, and would have their impacts addressed under CEQA. 291 Public Notice This request was published in The Desert Sun newspaper on April 23, 2010. To date, no letters have been received. A copy of this request has been sent to all applicable public agencies and City Departments. Any comments from public agencies have been included in the recommended conditions of approval. FINDINGS AND ALTERNATIVES: The Findings for approval can be made as noted above and in the attached Ordinance. The alternatives available to the Council include: 1. Motion to take up Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. on first reading amending the La Quinta Charter and Municipal Code to Section 9, Zoning 2. Do not move to take up Ordinance No. 3. Provide staff with alternative direction. Respectfully/6hbmitted, Approved for submission y: Thomas P. Genovese, City Manager Attachments: 1. City Council Study Meeting Minutes dated January 19, 2010 2. City Council Meeting Minutes dated February 16, 2010 3. Planning Commission Meeting Minutes dated April 13, 2010 4. Exhibit A — Alternative (represents language presented to Planning Commission) ro... 29? ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE TO CLARIFY LANGUAGE OF CERTAIN MISCELLANEOUS PROVISIONS AND PROVIDE FOR RETAINAGE OF DEPOSIT FOR VIOLATIONS OF TEMPORARY SIGN REQUIREMENTS (9.160.060). WHEREAS, the City has found that changes in policies, procedures, and issues with permitting have arisen as staff implements the Zoning Ordinance that necessitate an amendment to the Zoning Ordinance ("Zoning Ordinance Amendment"); and, WHEREAS, said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061(B)(3), Review for Exemptions of the CEQA Guidelines; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13`h of April, 2010, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment proposing to allow the placement of permitted temporary signs within the public right-of-way (9.160.060), to increase the time period for placement of temporary signs, to increase the number of temporary signs, clarify certain language, provide for retaining a portion of deposits for temporary signs; and recommended approval of certain portions of the proposed Amendments to the City Council; and WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on April 23, 2010, as prescribed by the Municipal Code, advertising the public hearing before the City Council on the Zoning Ordinance Amendment; and WHEREAS, The City Council held a duly noticed public hearing on the 4" day of May, 2010, and considered the evidence, both written and oral, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of La Quinta does ordain as follows: Ordinance No. Zoning Code 9.160 Amendment Adopted: Page 2 SECTION 1. Title 9, the Zoning Ordinance of the La Quinta Municipal Code, is amended as identified on Exhibit "A", attached hereto and incorporated herein by reference. SECTION 2. ENVIRONMENTAL. The Planning Director has determined said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061 (13)(3), Review for Exemptions of the CEQA Guidelines. SECTION 3. SEVERABILITY. The provisions of this Ordinance shall be severable, and is any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operations to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 4. LEGAL CONSTRUCTION. The provisions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety and welfare. SECTION 5. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 6. POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED, and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 41" day of May, 2010, by the following vote: AYES: NOES: 29L Ordinance No. Zoning Code 9.160 Amendment Adopted: Page 3 ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California .. 295 Ordinance No. Zoning Code 9.160 Amendment Adopted: Page 4 EXHIBIT A 9.160.060 Permitted temporary signs A. Definition. "Temporary sign" means any non -illuminated sign which may require a sign permit and which is intended to be posted for a maximum of forty-five days. Temporary signs include without limitation: political campaign signs, garage sale signs and seasonal sales signs. B. Maximum Time Periods. No temporary sign shall be posted for more than forty- five consecutive days nor shall such temporary sign or sign displaying similar messages regarding the same event, if any, which is the subject of such temporary sign be reposted upon the same site, or any site which is visible from the original site, within ninety days of the removal of the original temporary sign. In addition, all temporary signs shall be removed within seven days after the occurrence of the event, if any, which is the subject of the temporary sign. (For example, a temporary sign advertising a garage sale on a particular date, or a temporary sign promoting a candidate in a particular election). The date of posting and permit number shall be permanently and legibly marked on the lower right-hand corner of the face of the sign. C. Maximum Sign Area. Except where an approval is obtained under subsection F of this section, temporary signs placed on public property may not exceed six square feet in area and temporary signs placed on private property may not exceed twelve square feet in area. The aggregate area of all temporary signs maintained on any private property parcel of real property in one ownership may not exceed twenty-four square feet. Area shall be calculated on the basis of the entire sign area, as defined in Section 9.160.030. D. Maximum Height. Freestanding temporary signs which are placed on public or private property shall not exceed six feet in height. Temporary signs which are posted, attached or affixed to private multiple -floor buildings shall not be placed higher than eight feet or the finish floor line of the second floor of such buildings, whichever is less, and temporary signs which are posted, attached or affixed to private single -floor buildings shall not be higher than the eave line or top of wall of the building. All heights shall be measured to the highest point of the surface of the sign. E. Maximum Number. In no case shall the total number of temporary signs for any permit exceed fifty. F. Placement Restrictions. Temporary signs shall not be posted within the public right-of-way, or on sidewalk surfaces, mailboxes, utility boxes, electric light or power or telephone wires, poles or appendages, hydrants, trees, shrubs, tree stakes or guards, public bridges, fences or walls, fire alarm or police telegraph systems, drinking fountains, life buoys, life preservers, lifesaving equipment, street signs and traffic signs or signals. Temporary signs shall not be posted within the public right-of-way and shall not be located closer than five feet from the edge of the paved area of any public road or street. Temporary signs shall be placed no less than two hundred feet apart from identical or substantially similar temporary signs placed within the city limits. and shall Rot be '"'e simultaReOUGly with the ba ndaF Af th city. Temporary signs shall not be posted in a manner which obstructs the visibility of traffic or street signs or signals or emergency equipment. W Ordinance No. Zoning Code 9.160 Amendment Adopted: Page 5 G. Sign Permit Required. Any person, business, campaign organization, or other entity who proposes to post more than five temporary signs on private or public property shall make application to the planning department for a sign permit. To insure sign removal upon expiration of the permitted posting time, a refundable deposit as established by city council resolution shall be paid in conjunction with the issuance of the sign permit. Upon the successful removal of all temporary signs, up to 100% of the deposit shall be refunded to the applicant. However, violations of the temporary sign provisions may result in up to 50% of said deposit being retained by the city. 1. Statement of Responsibility Required. Each applicant for a temporary sign permit shall submit to the planning department a statement of responsibility certifying a natural person who will be responsible for removing each temporary sign for which a permit is issued by the date removal is required, and who will reimburse the city for any costs incurred by the city in removing each such sign which violates the provisions of this section. Standards for Approval. a. Within ten business days of the planning department's receipt of a temporary sign permit application, the planning director shall approve or disapprove such application. If the director disapproves an application, the notice of disapproval shall specify the reasons for disapproval. The director shall approve or disapprove any permit application for temporary signs based on character, location and design, including design elements such as materials, letter style, colors, sign type or shape, and the provisions of this section. b. The director's decision with respect to a permit application for a temporary sign may be appealed to the planning commission. H. Maintenance and Removal of Temporary Signs. 1. Maintenance. All temporary signs shall be constantly maintained in a state of security, safety and good repair. 2. Removal from Public Property. If the city determines that a temporary sign located on public property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this section, it may be removed summarily. If the sign contains identification, the owner shall be notified that the sign may be recovered within five days of the date of notice. 3. Removal from Private Property. If the city finds that a temporary sign located on private property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this section, the city shall give written notice to the owner of the temporary sign, or the person who has claimed responsibility for the temporary sign pursuant to subsection F of this section, that the temporary sign is in violation of this section, shall specify the nature of the violation, and shall direct the owner of the temporary sign or responsible person to remove or alter such temporary sign. If the city cannot determine the owner of the sign or person responsible therefore, the city shall post such notice on or adjacent to each temporary sign which is in violation. If the owner of the temporary sign or the person responsible therefore fails to comply with the notice within five days after such notice is given, the temporary sign shall be deemed abandoned, and the city may cause such temporary sign to 297 Ordinance No. Zoning Code 9.160 Amendment Adopted: Page 6 be removed and the cost thereof shall be payable by the owner or person responsible for the temporary sign to the city. I. The placement of temporary signs for existing commercial businesses during the construction of any department of public works contract over forty-five days in length, where the ingress and egress points to a commercial establishment, have been interrupted, and further when the construction/modification of the public street involves a distance of more than three thousand feet in length, the above regulations pertaining to temporary signs and the associated processing fees, shall not be enforced for the duration of the department of public works street contract. However, the placement of temporary signs must not interfere with site visibility for vehicular movement. J. A grand opening banner is allowed on each building street frontage within six months of the business opening with a sign permit. The signs shall consist of light -weight fabric or similar material attached to the building wall below the eave line for a period not to exceed thirty days. The signs shall be non -illuminated and its size shall not exceed thirty-two square feet. (Ord. 468 § 1, 2009; Ord. 293 § 1, 1996; Ord. 284 § 1 (Exh. A) (part), 1996) Ordinance No. Zoning Code 9.160 Amendment Adopted: Page 7 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 468 which was introduced at a regular meeting on the 51" day of May, 2009, and was adopted at a regular meeting held on the 19t" day of May, 2009, not being less than five days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution No. 2006-115. VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California 101 Xy W_11 it_A 9 re] I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on pursuant to Council Resolution. VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California 299 A l l AL;NMtN 11 City Council Minutes 8 1January 19, 2010 City Manager Genovese stated staff can investigate the rules but part of it is going to come down to the political role of the issue if the City Council wishes to participate in the program. Council Member Henderson asked if the City Attorney is prepared to .give a definitive opinion. City Attorney Jenson stated she is willing to contact RCTC counsel or County counsel and investigate the provisions of the agreement for repayment of the shortfall. The City Council concurred. 2. DISCUSSION OF LA QUINTA MUNICIPAL CODE SECTION 9.160.060 — PERMITTED TEMPORARY SIGNS. In response to Mayor Adolph, Council Member Evans stated she requested this matter be brought back for discussion because she was not present when the changes were made to the ordinance in 2009; and requested staff to.identify the changes and the implications of prohibited temporary signs. .Planning Director Johnson explained the amendment affects the size of directional and non-profit informational- signs, prohibits placement of within the public right-of-way, and reduces the duration of placement from 60 to 45 days. Council Member Henderson asked where the signs can be placed. Planning Director Johnson stated they are limited to private property. Mayor Adolph asked if Council Member Evans is clear where the signs are allowed to be posted. Council Member Evans confirmed. Council Member Sniff stated he has no problem looking at the current ordinance and what is specifically prohibited; requested this item be brought back to discuss the reasonable amount of signs posted during a reasonable period of time; and would like to take another look and discuss possible amendments to the ordinance. Mayor Adolph stated the City did not spent hundreds of thousands of dollars to beautify the City to have signs posted in the landscaped areas; stated he views the signs as eye pollution, and commented on.the number of illegal signs picked up by Code Compliance. Council Member Sniff stated he understands Mayor Adolph's concern but stated the reason many signs were removed by Code Compliance may be due to the ordinance being overly restrictive; stated the posting of signs •• 3-).0 City Council Minutes 9 January 19, 2010 throughout the city enables unknown candidates to compete fairly with incumbents. Mayor Adolph conveyed disagreement with Council Member Sniff's points. Council Member Henderson stated she recalls the motion made by former Council Member Kirk to amend the ordinance and prohibit posting temporary signs in the right-of-way; there are a number of communities that have adopted the prohibition; and the problem has been to coordinate the regulation of temporary directional signs and political signs. Council Member Sniff requested this matter be brought back for discussion and possible amendment. Council Members Evans and Franklin concurred. City Attorney Jenson stated this item can be brought back for Council approval to initiate proceedings to take action as a public hearing item. REPORTS AND INFORMATIONAL ITEMS Animal Campus Commission - Council Member Franklin reported a guest requested support from the Commission to establish permit requirements for groomers; and another guest announced an event was held last weekend which received national attention for their efforts to spay/neuter and vaccinate as many dogs and cats as they could accommodate. Jacqueline Cochran Regional Airport Authority - Council Member Franklin reported new landing fees will be implemented with the funds going to the County; due to the economy, the committee has postponed building a new terminal; and she announced Taxi Way G is under construction and scheduled to be open February 1, 2010. Chamber of Commerce Workshop/Information Exchange Committee - Council Member Franklin announced the Rod and Custom Car Show will be held on January 31, 2010; Main Street will be closed for the Taste of La Quinta on February 20th; and the Chamber received 61 new members since July 2009 but has 126 non - renewal memberships. C. V. Mountains Conservancy - Council Member Franklin reported the committee has appointed a new Chair and Vice Chair; and adopted a resolution supporting the designation of a portion of Highway 74 as Roy Wilson Highway. CVAG - Council; Member Sniff stated the dedication of the highway was discussed at a CVAG committee and it was determined that the portion to be dedicated is 3Q1 ATTACHMENT 2 City Council Minutes 9 February 16, 2010 of he City; and stated although she does not with to use reserved fun , the nning to build reserves was for the purpose of having it whe it is needed. Council Mem ' Sniff commended staff for their planning foresight; and conveyed pride i e stability of the City. Council Member FranklinlsQmmended staff on ter job performance. Mayor Adolph stated he is very oud the City, and of staff's excellent performance. MOTION — It was movad b ouncil Memb s Sniff/Evans to approve a net reduction in appropriate , totaling $(940,53 rom the General Fund and an increase in appro ations of $1,238,967 in oth City Funds (as outlined in Attachment 1 through 5); approve a net re ction in estimated revenues tote' g $(902,943) for the General Fund and a at reduction of $(428,919 rom other City Funds (as outlined in Attachment 1 through 5); app ve the modifications to the Management Assistant job d ription; and receive and file the Mid -Year Budget Report. Motion rried 3. CONSIDERATION OF INITIATION OF ZONING CODE AMENDMENT TO MUNICIPAL CODE SECTION 9.160.060 — PERMITTED TEMPORARY SIGNS. Planning Director Johnson presented the staff report. Council Member Franklin asked the City Attorney if the deposit for political signs can be made non-refundable. City Attorney Jenson confirmed it can be done but staff would need to prepare a fee resolution for Council's consideration. MOTION — It was moved by Council Members Evans/Franklin to initiate the process to amend La Quinta Municipal Code Section 9.160.060 — Permitted Temporary Signs, pursuant to Government Code Section 9.220.010.C.2. Mayor Adolph stated he would not support the motion because he is not in favor of changing the temporary sign regulations. Council Member Sniff. stated he supports the motion; and stated the sign program is an important component of the election process. 302 City Council Minutes 10 ebruary 16, 2010 Motion carried by a vote of 3-2, Council Members Henderson and Mayor Adolph dissenting. 4. CIRNSIDERATION OF ADOPTION OF A RESOLUTION ADOPTING THE CITY OF•JDS QUINTA RECORDS MANAGEMENT MANUAL, INCLUDING HE RERETENTION SCHEDULE, AND RESCINDING RESOLUTI NO. 199, 5. City Clerk Wntecino .presented the staff report. In response. to ouncil Member Henderson, City Clerk Mo ecino stated the retention far pap records depends on the type of r ord but State law requires all paper r cords be kept a minimum of tw years. She further explained permanent ecords, such as Capital I rovement Program or historical documents, a scanned into an imagi system to help reduce paper storage in the futur. Mayor Adolph asked if a sVstilM is in place research records electronically. City Clerk Montecino explained he City rrently scans vital records, such as minutes, ordinances, resoluti s a agreements, into the LaserFiche imaging system and confirmed docu is can be printed from that system. Council Member Sniff asked if t \room. ords are secure or have any potential risks. City Clerk Mon cind there is potential risk to all documents, whether it is fro fire damage, as each department houses records in their own a stora In response to Council ember Evans, City Cler Montecino stated vendors are not subj/estroys cords Retention Policy. In responseMember Sniff, Finance Directo, Falconer stated the Finance Detains records for seven years r the purpose of auditing, anrecords after seven years, excep for the general ledgers. Council ember Henderson asked about the legal length of timelrecords are open 0 audit. Finance Director Falconer explained financial records re open to dit anytime during the seven years prior to destruction. Council Member Henderson asked if all documents are public records. City Attorney Jenson stated the purpose of establishing a "records. retention" policy is to adopt a reasonable schedule and adhere to it; explained. the City 30 ATTACHMENT # 3 MINUTES (EXCERPTS FROM) PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 13, 2010 7:03 P.M. D. Zoning Ordinance Amendment 2010-101; a request by City of La Quinta for consideration of the Following Amendments to the La Quinta Municipal Code: Restrict the Placement and Maximum Time Period of Permitted Temporary Signs Within the Public Right -Of -Way; and Revise Table 9-17, to Remove Maximum Sign Size and height Restrictions for Exempt Signs. Planning Director Les Johnson 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. There being no further questions of the staff, and the City being the applicant, Chairman Alderson asked if there was any public comment. There being no additional questions, or public comment, Chairman Alderson opened the matter for Commission discussion. Commissioner Wilkinson asked about 200 foot spacing of signs on private property. Staff responded private property was exempt; unless they had more than four signs. City Attorney Jenson said the changes referred to public right- of-way only. Chairman Alderson commented only four signs were allowed on private property. Staff responded that was correct. Five signs, or more, would require a Temporary Sign Permit and you would have to post them 200 feet apart. Commissioner Wilkinson asked if the number of signs allowed had changed from 50 to 100. Staff said yes. 1 1.. 304 Discussion then followed regarding multiple sign requests, the impact of a proliferation of signs, and the current average number of sign requests Commissioner Barrows asked for clarification of the amendment recently approved by City Council, and if it would be legally possible to limit a candidate's allowance of signs. City Attorney Jenson responded it become problematic if you limit individuals to a certain number of signs. She stated the Planning Commission was free to recommend something else. Discussion followed regarding the number of signs allowed per candidate, the fairness of all candidates having the same number of signs, the current ordinance prohibiting the placement of temporary signs within public right-of-way and public property, the change extension of time period from 45 to 60 days, garage sales signs and the five-foot setback, as well as the removal of the garage sales signs. Commissioner Weber then commented on the City's ability to recoup costs for temporary political signs ($100) which was woefully inadequate considering the staff it took to address the situation. Staff then explained the 50% provision and why staff had requested the percentage versus a dollar amount. Commissioner Weber commented about 1) visual clutter and blight, 2) the adequacy of a 7-day requirement to clean up, 3) a limitation on the number of signs, 4) some type of a cost recovery method for the offenders to bear at least a portion of the burden, 5) 45 days versus 60 days, and 6) signs within site of City limits. Staff gave some history and commented on the reason for inclusion of the language on signs posted outside of the City's jurisdiction and how the current language would clarify that. Commissioner Barrows commented on keeping the 50% deposit and the fairness to all candidates. Staff gave examples of previous situations where the signs had not been removed. Chairman Alderson had some background on these campaign signs and commented on the importance of having those signs available for public viewing. He commented on the number of 2 �.. , 3 -% 5 signs, visual blight, and the burden of the deposit on a potential candidate who is trying to do some good for the community. He did say he would like to see the $100 automatic rebate removed. Commissioner Quill asked about Council's direction on the political signs and the options available to the Commission. Discussion followed on the history of the political sign issue before Council and included staff's comments on the Planning Commission's responsibility. Commissioner Weber commented he was in favor of 1) the 7- day removal plan, 2) 50 signs versus 100, 3) including language regarding deposit and refunding the whole deposit, 4) prohibiting that signs in the center median, 5) the setback off the right-of-way, 6) a maximum time period of 45 days, and 7) not increasing the signs to 100 per applicant. Commissioner Barrows said should was supportive of 1) the existing condition that signs are not allowed in the right of way, 2) no increase in maximum time allowed, 3) not allowing more than 50 signs per application, 4) clarification and prevention of signs from being posted outside the City limits, and 5) if all signs are removed the applicant should get their full deposit and if not, only 50%. City Attorney Jenson asked Commissioner Barrows to clarify that she thought there should not be any signs in the right of way. Commissioner Barrows said that was the current code. City Attorney Jenson said under our current code that is what the current law is and you would carry that forward. Commissioner Barrows said yes, that would be her motion. Discussion followed where Commissioners re -stated their positions and the proposed changes. Planning Director Johnson asked to clarify the changes which referred to item 4 - the clarifying language about the perimeter, item 5 - regarding the deposit; that it be 100% unless code enforcement action is taken. Also that the existing language regarding posting within the public right-of-way, the number of 3 306 signs and the duration of time, would remain as currently shown in the Municipal Code. There was no further discussion and it was moved and seconded by Commissioners Barrows/Wilkinson to adopt Resolution 2010-012 recommending approval to Council of Zoning Ordinance Amendment 2010-101 as noted above. Unanimously approved. 4 301 ATTACHMENT 4 EXHIBIT "A" (Amendment language as presented to the Planning Commission) 9.160.060 Permitted temporary signs. A. Definition. 'Temporary sign" means any non -illuminated sign which may require a sign permit and which is intended to be posted for a maximum of feFr five sixty days. Temporary signs include without limitation: political campaign signs, garage sale signs and seasonal sales signs. B. Maximum Time Periods. No temporary sign shall be posted for more than feFty- five sixty consecutive days nor shall such temporary sign or sign displaying similar messages regarding the same event, if any, which is the subject of such temporary sign be reposted upon the same site, or any site which is visible from the original site, within ninety days of the removal of the original temporary sign. In addition, all temporary signs shall be removed within seven days after the occurrence of the event, if any, which is the subject of the temporary sign. (For example, a temporary sign advertising a garage sale on a particular date, or a temporary sign promoting a candidate in a particular election). The date of posting and permit number shall be permanently and legibly marked on the lower right-hand corner of the face of the sign. C. Maximum Sign Area. Except where an approval is obtained under subsection F of this section, temporary signs placed on public property may not exceed six square feet in area and temporary signs placed on private property may not exceed twelve square feet in area. The aggregate area of all temporary signs maintained on any private property parcel of real property in one ownership may not exceed twenty-four square feet. Area shall be calculated on the basis of the entire sign area, as defined in Section 9.160.030. D. Maximum Height. Freestanding temporary signs which are placed on public or private property shall not exceed six feet in height. Temporary signs which are posted, attached or affixed to private multiple -floor buildings shall not be placed higher than eight feet or the finish floor line of the second floor of such buildings, whichever is less, and temporary signs which are posted, attached or affixed to private single -floor buildings shall not be higher than the eave line or top of wall of the building. All heights shall be measured to the highest point of the surface of the sign. E. Maximum Number. In no case shall the total number of temporary signs for any permit exceed fifty one hundred. F. Placement Restrictions. Temporary signs shall not be posted within the pubiis right-ef way, OF on sidewalk surfaces, mailboxes, utility boxes, electric light or power or telephone wires, poles or appendages, hydrants, trees, shrubs, tree stakes or guards, public bridges, fences or walls, fire alarm or police telegraph systems, drinking fountains, life buoys, life preservers, lifesaving equipment, street signs and traffic signs or signals. Temporary signs shall not be posted withiR the PUbIiG Fight of way and shall not be located closer than five feet from the edge of the paved area of any public road or street and shall not be posted within any median located in a public road or street. Temporary signs shall be placed no less than two hundred feet apart from identical or substantially similar temporary signs placed within the city limits. . Temporary signs shall not be posted in a manner which obstructs the visibility of traffic or street signs or signals or emergency equipment. G. Sign Permit Required. Any person, business, campaign organization, or other entity who proposes to post more than five temporary signs on private or public property shall make application to the planning department for a sign permit. To insure sign removal upon expiration of the permitted posting time, a refundable deposit as established by city council resolution shall be paid in conjunction with the issuance of the sign permit. Upon the successful removal of all temporary signs, up to 50% of said deposit shall be refunded to the applicant. 1. Statement of Responsibility Required. Each applicant for a temporary sign permit shall submit to the planning department a statement of responsibility certifying a natural person who will be responsible for removing each temporary sign for which a permit is issued by the date removal is required, and who will reimburse the city for any costs incurred by the city in removing each such sign which violates the provisions of this section. 2. Standards for Approval. a. Within ten business days of the planning department's receipt of a temporary sign permit application, the planning director shall approve or disapprove such application. If the director disapproves an application, the notice of disapproval shall specify the reasons for disapproval. The director shall approve or disapprove any permit application for temporary signs based on character, location and design, including design elements such as materials, letter style, colors, sign type or shape, and the provisions of this section. b. The director's decision with respect to a permit application for a temporary sign may be appealed to the planning commission. H. Maintenance and Removal of Temporary Signs. 1. Maintenance. All temporary signs shall be constantly maintained in a state of security, safety and good repair. 2. Removal from Public Property. If the city determines that a temporary sign located on public property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this section, it may be removed summarily. If the sign contains identification, the owner shall be notified that the sign may be recovered within five days of the date of notice. 3. Removal from Private Property. If the city finds that a temporary sign located on private property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this section, the city shall give written notice to the owner of the temporary sign, or the person who has claimed responsibility for the temporary sign pursuant to subsection F of this section, that the temporary sign is in violation of this section, shall specify the nature of the violation, and shall direct the owner of the temporary sign or responsible person to remove or alter such temporary sign. If the city cannot determine the owner of the sign or person responsible therefore, the city shall post such notice on or adjacent to each temporary sign which is in violation. If the owner of the temporary sign or the person responsible therefore fails to comply with the notice within five days after such notice is given, the temporary sign shall be deemed abandoned, and the city may cause such temporary sign to be removed and the cost thereof shall be payable by the owner or person responsible for the temporary sign to the city. I. The placement of temporary signs for existing commercial businesses during the construction of any department of public works contract over forty-five days in length, where the ingress and egress points to a commercial establishment, have been interrupted, and further when the construction/modification of the public street involves a distance of more than three thousand feet in length, the above regulations pertaining to temporary signs and the associated processing fees, shall not be enforced for the duration of the department of public works street contract. However, the placement of temporary signs must not interfere with site visibility for vehicular movement. J. A grand opening banner is allowed on each building street frontage within six months of the business opening with a sign permit. The signs shall consist of light -weight fabric or similar material attached to the building wall below the eave line for a period not to exceed thirty days. The signs shall be non -illuminated and its size shall not exceed thirty-two square feet. (Ord. 468 § 1, 2009; Ord. 293 § 1, 1996; Ord. 284 § 1 (Exh. A) (part), 1996) 310 O� pa��LILYLtgi � � ��NG/ F U 8 �lI7 nab, �k4 cFy of ttcti9w COUNCIL/RDA MEETING DATE: May 4, 2010 AGENDA CATEGORY: ITEM TITLE: PUbIIC Hearing to Consider an Ordinance BUSINESS SESSION: Amending Title 9, Zoning, and Title 13, Subdivision CONSENT CALENDAR: Regulations Adjust Guesthouse Provisions in the Table of Permitted Uses and the Supplemental Residential STUDY SESSION: Code; Prohibiting Single -Family Homes Within the PUBLIC HEARING: Village Commercial District; Identifying Golf Cart Sales in the Non -Residential Table of Permitted Uses; Adjusting Permitted Date for Christmas Tree Sales; Correcting Error in Used Car Sales Regulations; Permitting Use of Seasonal Sales Businesses; and, Addressing Multi -Tenant Office Complexes with Interior Tenants in the Sign Ordinance RECOMMENDATION Motion to take up Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. on first reading amending the La Quinta Charter and Municipal Code Section 9, Zoning. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS 1►rem BACKGROUND AND OVERVIEW In the past year, the Planning Commission has made a number of policy determinations regarding permitted uses and supplemental regulations which have not been brought forward for codification. In addition, staff has encountered a handful of code inconsistencies and procedural issues which need to be addressed. Routine adjustments to the Municipal Code are typical and necessary in order to stay up to date with state law, policy determinations, and to correct inconsistencies. Last year, 311 staff brought forward code updates to the City Council on April 21, 2009 and July 7, 2009. PROPOSAL: A majority of the Zoning Code amendments being proposed with this update involve code corrections, clarifications, or policy codifications that are in line with past Planning Commission determinations and existing General Plan policies. Staff is proposing some minor changes and additions to development standards that affect temporary businesses, Christmas tree sales lots, and a prohibition on new single family homes in the Village Commercial zoning district. All of the proposed changes and additions are minor in nature and will not have an effect on existing development. Correcting and Adjusting the Guesthouse Provisions (9 40 040 and 9 60 100) In October of 2007, the City Council approved a number of code amendments regarding residential housing that were in response to changes in State housing laws. These changes included eliminating the requirement for builders to obtain Minor Use Permits to construct guesthouses (also referred to as casitas). Although there was some follow up to correct identified errors to the guesthouse provisions in March of 2009, staff has identified some additional inconsistencies and errors in the guesthouse provisions. One of the issues with the current guesthouse provisions relates to their current prohibition in the Medium-, Medium -High, and High -Density Residential Zoning districts. At the time the current guesthouse code was drafted, there was an erroneous assumption that higher density zoning districts would not contain single family homes with lot sizes large enough to accommodate guesthouses. While guesthouses are not permitted in multi -family housing developments, staff determined that there were some existing single-family housing developments located within Medium-, Medium -High, and High -Density Residential Zoning districts that had existing lot sizes large enough to accommodate a guesthouse. Some of these higher -density projects were found to contain existing guesthouses that were approved before the guesthouse code update in 2007. Two existing projects which fall under this scenario are Desert Cove and Trilogy. Trilogy is zoned for Medium -High Density Residential while Desert Cove, located at the northeast corner of Avenue 48 and Adams Street, is zoned for High -Density Residential. Both projects consist of single-family homes with larger lot sizes. Although Trilogy permits guesthouses through their Specific Plan, Desert Cove does not, yet a majority of the homes within the Desert Cove neighborhood have existing approved guesthouses. As a result of scenarios such as these, staff is proposing to modify the Residential Table of Permitted Uses to allow guesthouses with single family homes in all zoning districts (ZOA 10-100 Ordinance Exhibit "A"). Another issue with the guesthouse provisions relates to the use of footnotes in the Residential Table of Permitted Uses. The code typically identifies specific provisions within a separate chapter, rather than in footnotes attached to a table. The insertion of tabular footnotes to regulate guesthouses is inconsistent with the method other code chapters are written, especially in light of the fact that guesthouses already have their own specific code section. This proposal would correct inconsistent formatting by relocating the guesthouse footnote provisions and incorporate them into the guesthouse code chapter of the code, Section 9.60.100 (ZOA 10-100 Ordinance Exhibit "B")• This code amendment would also permit more than one guesthouse in Low- and Very - Low Density Residential zoned properties with Director's approval. This is in part because of past requests from homeowners wishing to construct a second guesthouse on larger properties that could adequately accommodate them. This is also partly in response to interest from residents and developers who have proposed constructing homes with exterior -accessed bedrooms, common with traditional hacienda -style architecture. These types of bedrooms that do not have interior access to the rest of a house are defined under the code as guesthouses. Any director's decision regarding guesthouses could be appealed to the Planning Commission (ZOA 10-100 Ordinance Exhibit "B"). Finally, the proposed amendment would delete an erroneous reference to second dwelling units in the guesthouse provisions. This reference pre -dates the 2007 code update which created a new, separate chapter regulating second dwelling units (ZOA 10-100 Ordinance Exhibit "B"). Prohibiting Single -Family Homes in the Village Commercial District (9.65.020) While the code currently permits the construction of a single-family home in the Village Commercial district with approval of a Village Use Permit, the General Plan specifically references residential development as being appropriate in the Village when developed at Medium -High and High -densities. Past policy discussions with Commission and Council have supported the interest in higher -density residential development in the Village. Based upon General Plan policy, past policy discussions, and the policy of encouraging mixed -use and higher -density development within the Village, this proposed amendment would remove the reference permitting single-family homes in the Village (ZOA 10-100 Ordinance Exhibit "C"). 31 � J Identify Golf Cart Sales in the Table of Permitted Uses (9.80.040) On November 24, 2009, the Planning Commission made the policy determination that golf carts, neighborhood electric vehicles (NEV), and electric scooter sales are a permitted use in the Regional Commercial (CR), Community Commercial (CC), and Commercial Park (CP) zoning districts. This code update will identify them as a permitted use within these zones in the Non -Residential Table of Permitted Uses (ZOA 10-100 Ordinance Exhibit "D"). Adjust the Permitted Date for Christmas Tree Sales (9.100.080) The current Christmas Tree Sales Ordinance requires that temporary outdoor Christmas tree sales lots begin operation no sooner than the Monday following Thanksgiving. As a result, Christmas tree sellers are unable to begin their sales the day after Thanksgiving, on the busiest shopping weekend of the year. Most Christmas tree sales lots obtain their permit approval and set up prior to Thanksgiving, but are unable to operate through the Thanksgiving holiday weekend. Potential nuisance and circulation issues are always addressed for each Christmas tree sales lot application on a case -by -case basis. Approval of this code change would permit temporary Christmas tree sales lots to begin sales operations the day after Thanksgiving (ZOA 10-100 Ordinance Exhibit "E"). Correct an Error in the Used Car Sales Provisions (9.100.300) In July of 2009, the City Council approved a new section regulating stand-alone used car sales facilities. The approved text referenced that stand-alone used car sales were permitted in the Regional Commercial zoning district with an approved Conditional Use Permit (CUP), but neglected to identify that used car sales were also permitted with a CUP in the Commercial Park zoning district, as correctly identified in the Non - Residential Table of Permitted Uses. This proposal would correct the omission by removing the zoning district reference and more appropriately refer the reader to the Non -Residential Table of Permitted Uses (ZOA 10-100 Ordinance Exhibit "F"). Permit the Use of Seasonal Sales Businesses (9.100.310) In recent years, staff has seen growth in the number of temporary seasonal businesses in La Quinta, such as Halloween and Christmas stores. Because these types of businesses typically open for less than 90 days, installing a permanent electric sign is usually infeasible. In addition, because of their short-term nature and tendency to locate in existing tenant spaces, they are less likely to obtain a building permit or business license. In response to these issues, a code section is being proposed to allow temporary businesses to operate and install temporary sign lettering with an approved Temporary 314 Use Permit (TUP). Temporary businesses will be defined in the code chapter as those operating for less than 90 days and, through approval of a TUP, would be subject to the same evaluation process that temporary outdoor businesses such as farm stands and sidewalk sales adhere to, including the requirement to obtain a City of La Quinta Business License and Building Permit if necessary. Through the TUP approval process, temporary businesses would be permitted to install one -inch thick temporary plastic lettering on a building in accord with the sign code or existing sign program (ZOA 10- 100 Ordinance Exhibit "G"). Accommodate Interior Tenants in the Sign Code (9.160.050) The sign code currently does not clearly accommodate situations where interior tenants lack street frontage in a multi -tenant building. These types of second -story interior tenants in commercial projects are currently indentified in Table 9-19 as being unable to have exterior signage. This code amendment would modify the table so that interior tenants in a multi -tenant building seeking exterior sign area may do so through an approved sign program (ZOA 10-100 Ordinance Exhibit "H"). ANALYSIS! All of the proposed codifications, changes, and additions are minor in nature, will not have an effect on existing development or the environment, and are in compliance with past policy determinations and the General Plan. Code errors are a typical by-product of the code update process due to typographical errors, omissions in recorded ordinances, or cross-referencing errors where duplicated or obsolete portions of code are overlooked. None of the proposed Zoning Ordinance Amendments are a departure from past departmental policies and practices. The proposed new section requiring temporary seasonal businesses to obtain a Temporary Use Permit is similar to existing codes that regulate comparable businesses such as outdoor vendors, farm stands, and sidewalk sales. The new procedure is intended to provide staff an opportunity to better communicate with these types of businesses, ensure that they comply with the appropriate zoning, obtain a business license and building permit if necessary, and install an aesthetically appropriate temporary sign. The proposed prohibition on Single Family Homes in the Village is reflective of existing General Plan policy limiting residential development in the Village to higher densities. The proposed change to allow Christmas tree sales during the weekend after Thanksgiving should not have an impact upon parking or general circulation within shopping centers. Most of these centers have parking well in excess of the city's parking standards, which already take into account the "busiest shopping time of the year". Finally, the adjustment to accommodate interior second -story tenants in the Sign Code will clearly provide a way for those businesses to obtain exterior signs in accord with existing Sign Program regulations. The Planning Commission has recommended Council approval of these code amendments, with findings that they will not have an impact on the environment or existing development. Environmental Review The approval of the Zoning Ordinance Amendments has been determined to be exempt from the California Environmental Quality Act (CEQA). Because the proposed changes to the Zoning Ordinance constitute either error corrections, the codification of existing policy, or procedural clarifications, the ordinance amendments will have no impact on the environment. Future projects that may be affected by changes to the ordinance would be reviewed under CEQA individually, and would have their impacts addressed under CEQA. Planning Commission The Planning Commission considered the proposed text amendments and conducted a public hearing at its April 13, 2010 meeting. After discussion, summarized in the minutes (Attachment 1), the Planning Commission unanimously approved Resolution 2010-011, recommending Council approval of the proposed Zoning Code Amendments. Public Notice This project was advertised in The Desert Sun newspaper on April 2, 2010 and April 23, 2010. To date, no comments have been received. Any written comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES The Findings for approval can be made as noted above and in the attached Ordinance. The alternatives available to the Council include: 1. Motion to take up Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. on first reading amending the La Quinta Charter and Municipal Code to Section 9, Zoning, and Section 13, Subdivisions, to 1) Adjust the guesthouse provisions in the Table of Permitted Uses (9.40.040), 2) Adjust the guesthouse provisions in the Supplemental Residential Code (9.60.100), 3) Prohibit single family homes within the Village Commercial District (9.65.020), 4) Identify golf cart sales in the Non -Residential Table of Permitted Uses (9.80.040), 5) Adjust the permitted date for Christmas Tree Sales (9.100.080), 6) Correct an error in the used car 310 sales regulations (9.100.300), 7) Permit the use of seasonal sales businesses (9.100.310) and, 8) Address multi -tenant office complexes with interior tenants in the Sign Ordinance (9.160.050). 2. Do not move to take up Ordinance No. 3. Provide staff with alternative direction. Respectfully sAi bmitted, Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Planning Commission Minutes — April 13, 2010 1. 317 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE, 1) TO ADJUST THE GUESTHOUSE PROVISIONS IN THE TABLE OF PERMITTED USES (9.40.040), 2) TO ADJUST THE GUESTHOUSE PROVISIONS IN THE SUPPLIMENTAL RESIDENTIAL CODE (9.60.100), 3) TO PROHIBIT SINGLE FAMILY HOMES WITHIN THE VILLAGE COMMERCIAL DISTRICT (9.65.020), 4) TO IDENTIFY GOLF CART SALES IN THE NON-RESIDENTIAL TABLE OF PERMITTED USES (9.80.040), 5) TO ADJUST THE PERMITTED DATE FOR CHRISTMAS TREE SALES (9.100.080), 6) TO CORRECT AN ERROR IN THE USED CAR SALES REGULATIONS (9.100.300), 7) TO PERMIT THE USE OF SEASONAL SALES BUSINESSES (9.100.310), AND 8) AND TO ADDRESS MULTI -TENANT OFFICE COMPLEXES WITH INTERIOR TENANTS IN THE SIGN ORDINANCE (9.160.050). WHEREAS, the City has found that changes in policies, procedures, and issues with permitting have arisen as staff implements the Zoning Ordinance; and WHEREAS, the City has, from time to time, made amendments to the Zoning Ordinance to address changes in circumstances; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13`" of April, 2010, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to 1) Adjust the guesthouse provisions in the Table of Permitted Uses (9.40.040), 2) Adjust the guesthouse provisions in the Supplemental Residential Code (9.60.100), 3) Prohibit single family homes within the Village Commercial District (9.65.020), 4) Identify golf cart sales in the Non -Residential Table of Permitted Uses (9.80.040), 5) Adjust the permitted date for Christmas Tree Sales (9.100.080), 6) Correct an error in the used car sales regulations (9.100.300), 7) Permit the use of seasonal sales businesses (9.100.310) and, 8) Address multi -tenant office complexes with interior tenants in the Sign Ordinance (9.160.050); and recommended approval of the proposed Amendments to the City Council; and 318 Ordinance No. Zoning Ordinance Amendment 2010-100 May 4, 2010 Page 2 of 3 WHEREAS, the City Council held a duly noticed public hearing on the 4`h day of May, 2010, and considered the evidence, written and oral, presented at the hearing. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of La Quinta does ordain as follows: SECTION 1. Title 9, the Zoning Ordinance of the La Quinta Municipal Code, is amended as identified on Exhibits "A" through "H," on file in the Planning Department. SECTION 2. CONSISTENCY WITH THE GENERAL PLAN. The City Council hereby finds that this Ordinance is consistent with the La Quinta General Plan. The Zoning Ordinance Amendment is consistent with the General Plan insofar as it amends the Zoning Code to be consistent with California requirements for second units; implements existing City policies that are in conformance with those in the General Plan; removes inconsistent, conflicting, and incompatible portions of text; and allows for continued high quality development in the City. SECTION 3. ENVIRONMENTAL. The Planning Director has determined said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061(13)(3), Review for Exemptions of the CEQA Guidelines. SECTION 4. SEVERABILITY. The provisions of this Ordinance shall be severable, and if any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 5. LEGAL CONSTRUCTION. The provisions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety and welfare. SECTION 6. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. Ordinance No. Zoning Ordinance Amendment 2010-100 May 4, 2010 Page 3 of 3 SECTION 7. PUBLICATION. The City Clerk is directed to publish this Ordinance in the manner and in the time required by law. PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 41h day of May, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN DON ADOLPH, Mayor City of La Quinta California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 320 Exhibit "A" 9.40.040 Residential Table of Permitted Uses. Table 9-1 Permitted Uses in Residential Districts P = Principal use District A= Accessory use Very Medium- C = Low Low Medium High High Conditional Density Density Cove Density Density Density use permit Residential Residential Residential Residential Residential Residential M = Minor use permit H = Home occupation permit S = Specific plan required X= Prohibited use Land Use RVL RL RC RM I RMH RH Accessory Uses and Structures Guesthouses, A A A X A X A X A subject to Section 9.60.100 Second A A A A2 A2 A2 Residential Units, subject to Section 9.60.090'-'a MEME ME E .. _ _ . .. _ Hwr...m P_7Tkill : :NR!�►_1:T3LSt17T3P_►T.[fE1l�TT.' III I 3�� Exhibit "B" 9.60.100 Guesthouses. A. Purpose. This section provides standards and criteria for the establishment of guesthouses where such units are permitted in accordance with Section 9.40.040. B. Definitions. For purposes of this code, the following definitions shall apply: 1. "Guest house" means a detached or attached unit which has sleeping and sanitary facilities but no cooking facilities and which is used primarily for sleeping purposes by members of the family occupying the main building, their nonpaying guests, and domestic employees. 2. "Living area" means the interior habitable area of a dwelling unit, including basements and attics (if permitted) and shall not include a garage or any accessory structure. C. Limitations. 8a1yone One seeand residential use or guesthouse may be established on any single-family residential lot undeF ten ..e.es ie addition to the p ;:na:•;-esidenee as a permitted accessory use. TTheFefe:e; permitted under the PFOViSiOnS of this seetion. In the cove residential, medium density residential medium high density residential and high density residential zones only one guest house may be permitted on a lot, unless otherwise approved through a specific plan. In the very low density residential and low density residential zones, more than one guest house may be permitted with Planning Director approval. D. Standards for Guesthouses. A guesthouse Fnay be GORGtFueted as an perfnit. Guesthouses shall not be permitted when duplexes, tri-plexes, or apartments occur on the lot. All guesthouses shall conform to the following standards: 1. Detached guesthouses shall conform to all applicable building code standards and all development and design standards of the zoning district in which they are located. In addition, the height of the guesthouse shall not exceed seventeen feet and shall not be more than one story. KO 2. Guesthouses shall be architecturally compatible with the main unit. 3. The floor area of the guesthouse shall not exceed thirty percent of the existing living area of the principal residence. 4. The placement of a guesthouse on a lot shall not result in violation of the lot coverage maximums set forth in Section 9.50.030. 5. There shall be no kitchen or cooking facilities within a guesthouse. 6. A guesthouse shall be used only by the occupants of the main residence, their non-paying guests, or domestic employees. The guesthouse shall not be rented or otherwise occupied separately from the main residence. 7. A deed restriction shall be required for recordation against the property to prohibit the use or conversion of the guesthouse to a rental unit, to a unit for sale, or to add a kitchen or cooking facility. 8. If a private sewage disposal system is used, approval of the local health officer shall be required. 9. When constructed with tract homes or prototypical residential units guesthouse location and design shall be reviewed and approved as a part of the Site Development Permit process. On an individual single family lot of record, questhouses shall be reviewed and approved for conformance with these provisions during the building permit plan check process. K4 Exhibit "C" 9.65.020 Permitted uses. A. Permitted uses in the VC zoning district will combine essential day- to-day neighborhood goods and services, tourism and visitor -based retail and entertainment opportunities, and facilities necessary for the operational demands of such uses. B. The following uses are permitted in the VC zoning district with approval of a Village use permit (VUP), pursuant to the procedures set forth in Section 9.65.040. Where a determination on a particular use is necessary, it shall be made pursuant to Section 9.65.040(C): 1. Single and Multifamily Residential dwellings. Such uses include town heroes, condominiums, apartments and similar housing types. Residential density shall be determined on a site specific basis, based on the development capacity for the proposed project uses on the site. The ultimate decision on density shall rest with the planning commission; .m. 3 n J Exhibit "D" 9.80.040 Table of permitted uses. Table 9-5 Permitted Uses In Nonresidential Districts (Continued) P = Principal use District Regional Commercia Community Neighborhood Tourist Office Major Commercial Park Commercial Commercial Commercial Commercial Community A = Accessory use Facilities C = Conditional use permit M = Minor use permit T = Temporary use permit X = Prohibited use Land Use CR CP cc CN CT CO MC Automotive Uses (Subject to Section 9.100.120, Outdoor storage and display) Golf cart, Neighborhood P P P X X X X Electric Vehicle (NEV), and electric scooter sales ,Co.. sus Exhibit "E" 9.100.080 Christmas tree sales. Temporary Christmas tree sales facilities are permitted subject to approval of a temporary use permit and the following requirements: A. The facility shall not be established prior to the Monday following Thanksgiving in any calendar year. B. Such a facility shall not engage in the sale of any merchandise not directly associated with Christmas trees and Christmas decorations. C. The applicant shall secure an electrical permit. D. The facility shall be removed and the premises shall be cleared of all debris and restored to the condition existing prior to the establishment of the facility by the January 8th following the applicable Christmas holiday. A cash bond or other guarantee shall be posted prior to establishment of the facility to ensure cleanup. E. Each facility shall comply with fire prevention standards as approved and enforced by the fire marshal. F. Off-street parking and vehicular access shall be provided to the satisfaction of the director. G. Signs shall be restricted to one banner sign per street frontage, each sign not exceeding thirty-two square feet. Other signs and advertising devices such as pennants, flags, A -frame signs, are prohibited. (Ord. 284 § 1 (Exh. A) (part), 1996) Exhibit "F" 9.100.300 Used Vehicle Sales Not Associated with a New Vehicle Sales Facility A. Use Permit Required. Used vehicle sales not associated with a new vehicle sales facility may be permitted in the GR diStFiet in certain zoning districts subject to approval of a conditional use permit when consistent with a Specific Plan, as per the Non -Residential Table of Permitted Uses. Used vehicle sales facilities are subject to the use and design standards herein. 32B Exhibit "G" 10 Seasonal Sales Businesses. A. Purpose. This section provides regulations for temporary businesses operating at a single location within an existing commercial building or interior tenant space on a seasonal or short-term basis for a period not to exceed 90 consecutive days within a calendar year. This chapter shall not apply to those businesses which intend to operate, or have been in operation, longer than a 90 day period at a single location. B. Where Permitted. Seasonal sales businesses may be permitted with a Temporary Use Permit as per Section 9.210.050 when identified as a permitted land use under Section 9.80.040. C. City Business License Required. All seasonal businesses shall obtain a City Business License and have a point of sale within the City of La Quinta. D. Signs. Temporary signs for seasonal sales businesses shall be permitted in accord with Section 9.160.050 through approval of the Temporary Use Permit. Permitted temporary sign material shall be limited to a minimum one -inch thick plastic formed lettering affixed to the building facade All sign lettering shall promptly be removed upon expiration of the Temporary Use Permit and the facade shall be restored to its prior condition. Seasonal sales businesses shall not be permitted an additional sign permit for a "grand opening" banner or permanent sign. Exhibit "H" 9.160.050 Permanent signs in nonresidential districts. Table 9-19 Permanent Signs Permitted in Nonresidential Districts With a Sign Permit Note: Freestanding -signs shall not be located within 5 feet of a street right-of- way nor within a corner cutoff area identified in Section 9.100.030. Note: "ID" means identification sign. Note: Signs required by law shall be allowed at the minimum size specified by such law. Sign Type Maximum Maximum Maximum Illumination Additional and Number Area Height Requirements Placement Building- 1 flush- Flush 8 ft. Direct or ID signs net mounted or mounted mounted: 1 indirect for peRnitted permanent plus 1 sq. ft. per all signs for tenants window ID under- lineal ft. of above the signs for canopy per lease ground individual tenant frontage up floor in commercial frontage to buildings or office along a maximum with only tenants street or of 50 sq. interior along a ft. access common- aggregate above use parking Under- ground lot with no canopy: 3 floor shall direct street sq. ft. require a frontage sign program 3 '' 0 ATTACHMENT 1 MINUTES (EXCERPTS FROM) PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 13, 2010 7:03 P.M. C. Zoning Ordinance Amendment 2010-100; a request by City of La Quinta for consideration of the following amendments to the La Quinta Zoning Ordinance: Adjust the Guesthouse Provisions in the Table of Permitted Uses (9.409.040), Adjust the Guesthouse Provisions in the Supplemental Residential Code (9.60.100), Prohibit Single -Family Homes Within the Village Commercial District (9.65.020), Identify Golf Cart Sales in the Table of Permitted Uses (9.80.040), Adjust the Permitted Date for Christmas Tree Sales (9.100.080), Adjust the Used Car Sales Regulations (9.100.300), Permit the Use of Seasonal Sales Businesses (9.100.310), Address Multi -Tenant Office Sales Businesses (9.100.310), and Address Multi -Tenant Office Complexes with Interior Tenants in the Sign Code (9.160.050). Principal Planner Andy Mogensen 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. There being no further questions of the staff, and the City being the applicant, Chairman Alderson asked if there was any public comment. There being no additional questions, or public comment, Chairman Alderson opened the matter for Commission discussion. Commissioner Wilkinson commented on the sale of Christmas Trees the weekend of Thanksgiving and his concerns about 1) one holiday interfering with another and 2) the problem of the trees drying out and becoming a fire hazard. Planning Director Johnson explained where the trees come from, when they are cut, and their storage and care. He added there was only a four -day difference, which was not significant, and included the fact that the Fire Department had no 1 331 comments. In addition, he noted that the neighboring jurisdictions were selling trees at that time and there would be no conflict with parking; even on the biggest shopping day of the year. Commissioner Wilkinson asked about the location of the Commercial Park Zoning District. Staff pointed out the various locations. Commissioner Wilkinson asked if it was permissible to sell used cars in the Commercial Park Districts. Staff said yes and then explained what was involved in applying for those permits. Commissioner Quill commented that it was a discretionary approval. Staff responded that was correct. Commissioner Wilkinson asked for an explanation of the updated temporary sign code. Staff asked if he was referring to temporary seasonal sales facilities; to which he responded yes. Staff gave an explanation of different types of signs and banners; as well as code requirements in other cities. Commissioner Wilkinson asked about temporary businesses and their effect on permanent businesses; using the example of the previous flea market request. Staff responded this applied to interior tenants and the Code change would ensure they get a City business license with point -of -sales within the City of La Quinta. Staff could not comment on the competitiveness of a business -to -business relationship. Planning Director Johnson explained why the change was needed; using the example of a seasonal Halloween costume shop. He said the Municipal Code had not previously addressed a temporary business coming in. This change would now allow a mechanism to address any issues involved with those types of businesses. There was no further discussion and it was moved and seconded by Commissioners Barrows/Quill to adopt Resolution 2010-011 recommending approval to Council of Zoning Ordinance Amendment 2010-100 as submitted. Unanimously approved. 2 33`