2010 07 06 CCea# 4 44(ha
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, JULY 6, 2010
3:30 P.M. Closed Session / 4:00 P.M. Open Session
Beginning Resolution No. 2010-049
Ordinance No. 483
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 — NONE
RECESS TO REDEVELOPMENT AGENCY
RECONVENE AT 4:00 P.M.
4:00 P.M.
PLEDGE OF ALLEGIANCE
City Council Agenda 1 July 6, 2010 001
I\
PUBLIC COMMENT
At this time members of the public may address the City Council on any matter not listed
on the agenda. Please complete a "request to speak" form and limit your comments to
three minutes.
CONFIRMATION OF AGENDA
PRESENTATIONS — NONE
WRITTEN COMMUNICATIONS — NONE
APPROVAL OF MINUTES
1 . APPROVAL OF MINUTES OF JUNE 15, 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 JULY 6, 2010.
2. APPROVAL OF AWARD OF CONTRACT TO TSR CONSTRUCTION, AND
APPROPRIATION OF FUNDS FOR THE COLONEL PAIGE MIDDLE SCHOOL
SPORTS FIELD LIGHTING, PROJECT NO. 2008-06.
3. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO.
482 AMENDING THE LA QUINTA MUNICIPAL CODE TO IMPOSE HIGHER
PENALTIES FOR INFRACTIONS AND MISDEMEANORS IN GENERAL AND
ADDING A NEW SECTION RELATING TO ANIMAL BITES.
4. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE
(PS&E) OF PROBABLE CONSTRUCTION COSTS AND AUTHORIZATION TO
ADVERTISE FOR BID THE VILLAGE AREA SIDEWALK INFILL
IMPROVEMENTS, PROJECT NO. 2009-19.
5. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE
(PS&E) AND AUTHORIZATION TO ADVERTISE FOR BID THE DRAINAGE
IMPROVEMENTS (NORTHEAST CORNER OF SIMON DRIVE AND
WASHINGTON STREET), PROJECT 2009-15.
City Council Agenda 2 July 6, 2010 ` 002
6. APPROVAL TO AWARD A CONTRACT TO PTM GENERAL ENGINEERING
SERVICES, INC., TO CONSTRUCT THE PHASE II VILLAGE ENHANCED
PEDESTRIAN CROSSING AND TRAFFIC CALMING DEVICES, PROJECT NO.
2008-04B.
7. ACCEPTANCE OF A GRANT OF EASEMENT AND AGREEMENT FOR RIGHT-
OF-WAY, PUBLIC STREET, UTILITY PURPOSES AND ANCILLARY USES
ALONG WASHINGTON STREET BY LEVITAN DEVELOPMENT, A NEVADA
LIMITED LIABILITY COMPANY, FOR THE DESERT EXPRESS CARWASH.
8. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION
OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 32279, PALO VERDE,
STANDARD PACIFIC COACHELLA VALLEY.
9. APPROVAL TO DISTRIBUTE A REQUEST FOR PROPOSALS (RFP) TO
OBTAIN CONSTRUCTION INSPECTION SERVICES.
10. APPROVAL TO DISTRIBUTE A REQUEST FOR PROPOSALS (RFP) TO
OBTAIN CONSTRUCTION SURVEYING SERVICES.
11. APPROVAL TO DISTRIBUTE A REQUEST FOR PROPOSALS (RFP) TO
OBTAIN MATERIALS TESTING SERVICES.
12. ACCEPTANCE OF PLAYGROUND EQUIPMENT AT FRITZ BURNS PARK,
PROJECT NO. 2009-07, AND AT SEASONS PARK, PROJECT NO. 2009-08.
13. APPROVAL OF A LEASE AGREEMENT AND A MEMORANDUM OF
UNDERSTANDING OF LAND LEASE AGREEMENT WITH VERIZON WIRELESS
FOR INSTALLATION OF A CELL TOWER AT FIRE STATION 70.
14. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE
(PS&E) OF PROBABLE CONSTRUCTION COSTS AND AUTHORIZATION TO
ADVERTISE FOR BID THE PIONEER PARK IMPROVEMENTS, PROJECT NO.
2009-09.
15. APPROVAL OF AN ADMINISTRATIVE SERVICES AGREEMENT BETWEEN
THE COUNTY OF RIVERSIDE AND CITY OF LA QUINTA FOR THE CSA 152
NPDES PROGRAM.
16. AUTHORIZATION OF OVERNIGHT TRAVEL FOR ASSISTANT CITY
MANAGER -DEVELOPMENT SERVICES AND TWO ECONOMIC
DEVELOPMENT PROJECT MANAGERS TO ATTEND THE ICSC WESTERN
CONFERENCE IN SAN DIEGO, CALIFORNIA, SEPTEMBER 22-24, 2010.
City Council Agenda 3 July 6, 2010„ 003
17. APPROVAL OF TRAVEL FOR THE ASSISTANT CITY MANAGER -
DEVELOPMENT SERVICES AND ONE COUNCIL MEMBER TO ATTEND A
HEARING ON AB 288 IN SACRAMENTO, CALIFORNIA, JUNE 29, 2010.
18. DENIAL OF CLAIM FOR DAMAGES FILED BY PAUL LEVENSON — DATE OF
LOSS: MARCH 11, 2010.
19. APPROVAL TO REJECT BIDS AND AUTHORIZATION TO RE -ADVERTISE A
CONTRACT TO CONSTRUCT THE SPORTS COMPLEX REHABILITATION
PROJECT NO. 2007-19, AND APPROPRIATION OF FUNDS IF APPLICABLE.
BUSINESS SESSION
1. CONSIDERATION OF APPOINTMENTS TO THE HOUSING COMMISSION
AND INVESTMENT ADVISORY BOARD.
A. MINUTE ORDER ACTION
2. CONSIDERATION OF APPROVAL OF PLANS, SPECIFICATIONS, AND
ENGINEER'S ESTIMATE (PS&E) AND ADVERTISE FOR BID THE SLURRY
SEAL AND RE -STRIPING OF AVENIDA BERMUDAS, PROJECT NO. 2010-12.
A. MINUTE ORDER ACTION
3. CONSIDERATION OF A TEMPORARY ART DONATION AND APPROVAL OF
AN AGREEMENT FOR TEMPORARY LOAN OF ARTWORK WITH RENEE
RAUSO-WOODWARD.
A. MINUTE ORDER ACTION
4. CONSIDERATION OF IMPLEMENTATION OF THE INCREASED
DEVELOPMENT IMPACT FEES FOR RESIDENTIAL DEVELOPMENT.
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004
City Council Agenda 4 July 6, 2010
5. CONSIDERATION OF A RESOLUTION APPROVING THE FISCAL YEAR 2010-
2011 CITY OF LA QUINTA BUDGET AND ESTABLISHING THE CITY'S
APPROPRIATION LIMIT.
A. RESOLUTION ACTION
STUDY SESSION - NONE
REPORTS AND INFORMATIONAL ITEMS
1. ANIMAL CAMPUS COMMISSION (FRANKLIN)
2. BOB HOPE CLASSIC FUND DISTRIBUTION COMMITTEE (ADOLPH)
3. CITY COUNCIL AD HOC COMMITTEE REPORTS
4. CVAG COMMITTEE REPORTS
5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE
COMMITTEE (EVANS)
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)
18. INVESTMENT ADVISORY BOARD MINUTES OF MAY 12, 2010
19. COMMUNITY SERVICES COMMISSION MINUTES OF MAY 10, 2010
DEPARTMENT REPORTS
1. CITY MANAGER
A. ECONOMIC DEVELOPMENT BUSINESS SURVEY
2. CITY ATTORNEY
3. CITY CLERK
4. BUILDING & SAFETY DEPARTMENT REPORT - NONE
5. COMMUNITY SERVICES DEPARTMENT REPORT - NONE
6. FINANCE DEPARTMENT REPORT - NONE
City Council Agenda 5 July 6, 2010 -,, ,� 005
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 — NONE
RECESS TO REDEVELOPMENT AGENCY MEETING
RECESS TO 7:00 P.M.
7-00 P_M_
PUBLIC COMMENT
At this time members of the public may address the City Council on any matter not listed
on the agenda. Please complete a "request to speak" form and limit your comments to
three minutes.
PRESENTATIONS — NONE
PUBLIC HEARINGS
For all Public Hearings on the agenda, a completed "request to speak" form must be filed
with the City Clerk prior to consideration of that item.
A person may submit written comments to City Council before a public hearing or appear
in support or opposition to the approval of a project. If you challenge a project in court,
you may be limited to raising only those issues you or someone else raised at the public
hearing or in written correspondence delivered to the City Clerk at, or prior to the public
hearing.
1. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION
APPROVING THE PLACEMENT OF PUBLIC NUISANCE ABATEMENT
ASSESSMENTS ON THE 2010-2011 PROPERTY TAX ROLL.
A. RESOLUTION ACTION
2. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION TO
VACATE A 2,426 SQUARE FOOT PORTION OF AVENIDA ULTIMO EAST OF
WASHINGTON STREET.
A. RESOLUTION ACTION
City Council Agenda 6 July 6, 2010
--•r 006
ADJOURNMENT
The next regular meeting of the City Council will be held on July 20, 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 July 6, 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 111, on
July 2, 2010.
DATED:/July 2, 2010
VERONICA J,,�VIONTECINO, City
City of La Quinta, California
Public Notices
The La Quinta City Council Chamber is handicapped accessible. If special equipment is
needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty-
four (24) hours in advance of the meeting and accommodations will be made.
If special electronic equipment is needed to make presentations to the City Council,
arrangement should be made in advance by contacting the City Clerk's Office at 777-
7103. A one (1) week notice is required.
If background material is to be presented to the City Council during a City Council meeting,
please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to
the City Clerk for distribution. It is requested that this take place prior to the beginning of
the meeting.
Any writings or documents provided to a majority of the City Council regarding any item
on this agenda will be made available for public inspection at the City Clerk counter at City
Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal
business hours.
City Council Agenda 7 July 6, 2010'1 o-V . 007
E`y OF Tt�'94
AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: July 6, 2010
BUSINESS SESSION
ITEM TITLE: Demand Register Dated
July 6, 2010 CONSENT CALENDAR
STUDY SESSION
PUBLIC HEARING
RECOMMENDATION:
Approve Demand Register Dated July 6, 2010
BACKGROUND:
Prepaid Warrants:
87717 - 87748)
47,212.48
87749 - 87798)
208,744.18
87799)
72,660.11
Voids}
(9,083.79)
Wire Transfers}
293,673.20
P/R 36080 - 36100
224,289.79
P/R Tax Transfers}
64,280.54
Payable Warrants:
87800 - 87928} 2,239,280.01
$3,141,056.52
FISCAL IMPLICATIONS:
Demand of Cash -City $2,730,941.22
Demand of Cash -RDA $410,115.30
Demand of Cash - HA $0.00
John M. Falconer, Finance Director
�Lq• 008
CITY OF LA QUINTA
BANK TRANSACTIONS 6/08/10 - 6/22/10
6/08110 WIRE TRANSFER - LANDMARK
6/11/10 WIRE TRANSFER - ICMA
6/11/10 WIRE TRANSFER - PERS
6/15/10 WIRE TRANSFER - TASC
6/17110 WIRE TRANSFER - LANDMARK
$133,905.45
$13,413.75
$23,585.18
$1,528.37
$121,240.45
TOTAL WIRE TRANSFER OUT $293,673.20
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�OF7
COUNCIL/RDA MEETING DATE: July 6, 2010
ITEM TITLE: Approval to Award a Contract to TSR
Construction and Appropriate Funds for the Colonel
Paige Middle School Sports Field Lighting, Project No.
2008-06
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Award a contract to TSR Construction in the amount of $87,400; appropriate funds in
the amount of $96,772 from Quimby Funds; and authorize the City Manager to
execute the Contract (Attachment 1) for the Colonel Paige Middle School Sports Field
Lighting, Project No. 2008-06.
FISCAL IMPLICATIONS:
The Fiscal Year 2008-2009 Carryover Capital Improvement Project Budget (Account
No. 401-1794-551.00) includes funding for the construction of the Colonel Paige
Middle School field lighting as follows:
Professional Services
$6,375
Technical Services
$24,863
Design
$25,500
Construction
$255,000
Contingency
$0
Administration
$12,750
TOTAL
$324,488
The current costs for this project are as follows:
Design (MRC Engineering)
$30,000
DSA Inspection Services
$14,000
Equipment Purchase
$264,000
Construction
$87,400
Administration
$12,750
Contingency
$13,1 10
TOTAL
$421,260
�. 060
Due to the difference in the project budget and the actual costs, staff is requesting an
appropriation of $96,772 from undesignated Quimby Funds to cover the cost of
construction.
CHARTER CITY IMPLICATIONS:
Quimby funds are generated 100% locally from developer fees. Therefore, this will be
a non -prevailing wage project.
BACKGROUND AND OVERVIEW:
In 2006, staff began discussions with Desert Sands Unified School District (DSUSD)
for the use of the sports fields at the new Colonel Paige Middle School due to the
popularity of youth soccer and the increasing demand for field space in the City.
A DSUSD facility use contract (rental agreement) was approved in 2007 to utilize the
Colonel Paige Middle School soccer fields. The contract allowed the La Quinta
American Youth Soccer Organization (AYSO) to use the fields for 90 hours during the
soccer season. This contract is currently subject to annual renewal.
The La Quinta AYSO moved their youngest divisions (ages 5-9) to the Colonel Paige
Middle School site and began conducting practices and games on Saturdays. Due to
the short days in the fall and the lack of lighting, the younger age divisions are not able
to use the Colonel Paige Middle School fields on the week days for practice. The field
lighting will help address concerns of overcrowding and overuse of the soccer fields at
La Quinta Park and will allow more use of the fields at Colonel Paige Middle School.
On January 12, 2010, the Planning Commission adopted Resolution 2010-001,
approving Conditional Use Permit 2008-1 16, for the installation of sports lighting at
Colonel Paige Middle School. Prior to approving the Project, the Planning Commission
certified a mitigated negative declaration that assessed the potential environmental
impacts of the sports lighting and concluded that the impacts would be mitigated to
less than significant.
The scope of work for this project is to provide materials and labor to install nine 75
foot light poles with a total of 62 light assemblies to provide lighting for five soccer
fields at Colonel Paige Middle School.
On May 18, 2010, City Council approved the request to procure the lighting equipment
and poles based upon that procurement being in the best interest of the City, approved
the Plans, Specifications and Engineer's Estimate, and authorized staff to advertise for
bid the Colonel Paige Middle School Field Lighting Installation, Project No. 2008-06.
The lighting equipment and poles are being manufactured and it is anticipated they will
be shipped by the time construction begins.
p. ^ 061
The bid opening was held on June 10, 2010. Thirteen bids were received and the
lowest bid was submitted by TSR Construction. Staff and MRC Engineering reviewed
the bid from TSR Construction and found them to be responsive to the project
requirements. If awarded, this project is scheduled to be completed by September 7,
2010.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
Award a contract to TSR Construction in the amount of $87,400; appropriate
funds in the amount of $96,772 from Quimby Funds; and authorize the City
Manager to execute the Contract for the Colonel Paige Middle School Sports
Field Lighting, Project No. 2008-06; or
2. Do not award a contract to TSR Construction in the amount of $87,400;
appropriate funds in the amount of $96,772 from Quimby Funds; and authorize
the City Manager to execute the Contract for the Colonel Paige Middle School
Sports Field Lighting, Project No. 2008-06; or
3. Provide staff with alternative direction.
Respec fully submitted,
Edie Community Services Director
Attachment: 1. Contract
Approved for submission by:
l
Thomas P. Genovese, City Manager
0 ^ 062
ATTACHMENT 1
SECTION 1300
CONTRACT
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal
corporation, herein referred to as "City," and TSR Construction and Inspection, herein
referred to as, "Contractor."
WITNESSETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation and
services for Colonel Paige Middle School Sports Field Lighting, Project No. 2008-06, in the
City of La Quinta, California pursuant to the Invitation to Bid, dated May 2010 the project
Specifications, and Contractor's Bid, dated June 10, 2010, all of which documents shall
be considered a part hereof as though fully set herein.
Should any provisions of Contractor's Bid be in conflict with the Notice Inviting
Bids, Specifications, or this Contract, then the provisions of said Contract, Specifications,
and Invitation to Bid shall be controlling, in that order of precedence. The time frame for
construction work shall be in accordance with that specified in the Invitation to Bid.
2. Contractor will comply with all Federal, State, County, and La Quinta Municipal
Code, which are, as amended from time to time, incorporated herein by reference.
3. All work shall be done in a manner satisfactory to the City Engineer.
4. Contractor shall commence work after the issuance of a written Notice to Proceed
and agrees to have all work completed within 45 working days from the date of
Notification to Proceed.
5. In consideration of said work, City agrees to pay Contractor such sums as shall be
approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's
Bid, the base consideration of Eighty -Seven Thousand Four Hundred Dollars and Zero
Cents ($87,4OO.00). All payments shall be subject to approval by the City Engineer and
shall be in accordance with the terms, conditions, and procedures provided in the
Specifications.
7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of
a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost
of which shall be paid by Contractor.
8. Contractor shall defend, indemnify and hold harmless the City, its officers,
employees, representatives and agents ("Indemnified Parties"), from and against those
actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal
costs and attorneys' fees, for injury to or death of person(s), for damage to property
(including property owned by City) and for errors and omissions committed by Contractor,
its officers, employees and agents, which arise out of Contractor's negligent performance
under this Contract, except to the extent of such loss as may be caused by City's own
negligence or that of its officers or employees. In the event the Indemnified Parties are p63
made a party to any action, lawsuit, or other adversarial proceeding in any way involvirld*
Contract 9 300-1
such claims, Contractor shall provide a defense to the Indemnified Parties, or at the City's
option, reimburse the Indemnified Parties their costs of defense, including reasonable
attorney's fees, incurred in defense of such claim. In addition, Contractor shall be
obligated to promptly pay any final judgment or portion thereof rendered against the
Indemnified Parties.
9. Except as otherwise required, Contractor shall concurrently with the execution of
this contract, furnish the City satisfactory evidence of insurance of the kinds and in the
amounts provided in said Specifications. This insurance shall be kept in full force and
effect by Contractor during this entire contract and all premiums thereon shall be promptly
paid by it. Each policy shall further state that it cannot be canceled without 30 days
unconditional written notice to the City and shall name the City as an additional insured.
Contractor shall furnish evidence of having in effect, and shall maintain, Workers
Compensation Insurance coverage of not less than the statutory amount or otherwise
show a certificate of self-insurance, in accordance with the Workers Compensation laws of
the State of California. Failure to maintain the required amounts and types of coverage
throughout the duration of this Contract shall constitute a material breach of this Contract.
10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or
mechanic employed in the execution of this Contract by said Contractor, or any
subcontractor under it, upon any of the work herein mentioned, for each calendar day
during which such laborer, workman, or mechanic is required or permitted to work at other
than a rate of pay provided by law for more than 8 hours in any one calendar day and 40
hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of
the Labor Code of the State of California.
11. In accepting this Contract, Contractor certifies that in the conduct of its business it
does not deny the right of any individual to seek, obtain and hold employment without
discrimination because of race, religious creed, color, national origin, ancestry, physical
handicap, medical condition, marital status, sex or age as provided in the California Fair
Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees
that a finding by the State Fair Employment Practices Commission that Contractor has
engaged during the term of this Contract in any unlawful employment practice shall be
deemed a breach of this Contract and Contractor shall pay to City $1,607.00 liquidated
damages for each such breach committed under this contract.
12. This Contract shall not be assignable by Contractor without the written consent of
City.
13. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is
deemed completed.
14. In accepting this Contract, Contractor certifies that no member or officer of the firm
or corporation is an officer or employee of the City except to the extent permitted by law.
15. Contractor certifies that it is the holder of any necessary California State
Contractor's License and authorized to undertake the above work.
16. The City, or its authorized auditors or representatives, shall have access to and the
right to audit and reproduce any of the Contractor records to the extent the City deems
necessary to insure it is receiving all money to which it is entitled under the contract
064
Contract 9 300-2
and/or is paying only the amounts to which Contractor is properly entitled under the
Contract or for other purposes relating to the Contract.
17. The Contractor shall maintain and preserve all such records for a period of at least
three years after termination of the contract.
18. The Contractor shall maintain all such records in the City of La Quinta. If not, the
Contractor shall, upon request, promptly deliver the records to the City or reimburse the
City for all reasonable and extra costs incurred in conducting the audit at a location other
than at City offices including, but not limited to, such additional lout of the City) expenses
for personnel, salaries, private auditors, travel, lodging, meals and overhead.
19. The further terms, conditions, and covenants of the Contract are set forth in the
Contract Documents, each of which is by this reference made a part hereof.
IN WITNESS WHEREOF, the parties have executed this Contract as of the dates
stated below.
"CITY"
CITY OF LA QUINTA
a California municipal corporation
Dated:
Thomas P. Genovese, City Manager
ATTEST:
Veronica J. Montecino, CMC
City Clerk
APPROVED AS TO FORM:
Dated:
M. Katherine Jenson
City Attorney
~ 065
Contract 1300-3
"CONTRACTOR"
TSR CONSTRUCTION AND INSPECTION
Dated: By:
Name:
Print Name
Address:
Street Address, City, State, Zip Code
Dated:
Name:
Print Name
Address:
M
Street Address, City, State, Zip Code
(If corporation, affix seal)
066
Contract q 300_4
� o�z
Fiy T"df 4
OF
COUNCIL/RDA MEETING DATE: July 6, 201 0
ITEM TITLE: Approval Of Second Reading And
Adoption Of Ordinance No. 482 Amending The La
Quinta Municipal Code To Impose Higher Penalties For
Infractions And Misdemeanors In General, And Adding
A New Section Relating To Animal Bites
RECOMMENDATION
Adopt Ordinance No. 482 on second reading.
FISCAL IMPLICATIONS:
AGENDA CATEGORY:
BUSINESS SESSION:_g
CONSENT CALENDAR: lJ
STUDY SESSION:
PUBLIC HEARING:
The City would receive additional fines under the increased fine schedule provided in
the Ordinance. However, the City will likely incur additional administrative costs in
enforcing the new regulations. In addition, it is likely that additional attorneys' fees
would be incurred by the City for code enforcement activities relating to these
proposed new regulations.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On June 15, 2010, the City Council moved to take up Ordinance No. 482 by title and
number only and waive further reading. The City Council further moved to introduce
Ordinance No. 482 on first reading.
067
The motion to introduce Ordinance No. 482 carried by the following vote:
AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
Once the ordinance goes into effect in August, the Code Enforcement Officers will
begin implementing the new provision regarding animal bites, and will also begin
imposing the higher fines on all infractions, including those not relating to animal Code
violations. The increased fine levels are $100 for the first offense, $200 for the
second citation, and $500 for the third citation.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
Adopt Ordinance No. 482 on second reading; or
2. Do not adopt Ordinance No. 482 on second reading; or
3. Provide staff with alternative direction.
Respectfully submitted,
Approved for submission by:
Thomas P. Genovese, City Manager
�' " 068
ORDINANCE NO. 482
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, AMENDING THE LA
QUINTA MUNICIPAL CODE TO IMPOSE HIGHER
PENALTIES FOR INFRACTIONS AND MISDEMEANORS IN
GENERAL, AND ADDING A NEW SECTION RELATING TO
ANIMAL BITES
WHEREAS, animal bites pose a potential threat to public health, safety, and
general welfare; and
WHEREAS, the City finds that in order to help prevent animal bites from
occurring, it is necessary to impose stricter penalties on the owners of animals that
bite; and
WHEREAS, the City further wishes to increase the maximum fine amounts
for general infractions and misdemeanors to bring those fines into line with the
maximum penalties allowed under state law.
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. Chapter 1 .01 of Title 1 of the La Quinta Municipal Code is hereby
amended by revising Section 1.01.220 and Section 1.01.230 thereof as shown in
Exhibit A, attached hereto and incorporated herein by this reference.
SECTION 2. Chapter 10.16 of Title 10 of the La Quinta Municipal Code is hereby
amended by revising Section 10.16.090 thereof as shown in Exhibit B, attached
hereto and incorporated herein by this reference.
SECTION 3. Chapter 10.28 of Title 10 of the La Quinta Municipal Code is hereby
amended by revising Section 10.28.010 thereof as shown in Exhibit C, attached
hereto and incorporated herein by this reference.
SECTION 4. EFFECTIVE DATE: This Ordinance shall become effective and be in
full force and effect thirty (30) days after its adoption.
SECTION 5. 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.
•0. " 069
Ordinance No. 482
Amending Title 1 and 10
Animal Bite Penalties
Adopted: July_, 2010
Page 2
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta
City Council held this _day of July 2010, by the following vote:
AYES: Council Members
NOES:
ABSENT:
ABSTAIN:
ATTEST:
VERONICA J. MONTECINO, CIVIC, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
DON ADOLPH, Mayor
City of La Quinta, California
a r 070
Ordinance No. 482
Amending Title 1 and 10
Animal Bite Penalties
Adopted: July , 2010
Page 3
EXHIBIT A
Amendments to La Quinta Municipal Code Chapter 1.01
(Note: Deletions are shown in , tFi-1 e tnFouo text and
additions are shown in italics and double underlines.)
1.01.220 Establishment of offenses as infractions.
Any violation expressly declared to be punishable, in the discretion of the
court, by either a fine, or by a fine or imprisonment, or both, shall become an
infraction for all purposes under any of the following circumstances:
A. Where a judgment imposes a punishment of a fine not exceeding #4y
one hundred dollars in the case of a first offense; or
B. When the court grants probation to a defendant without the imposition
of a sentence and, at the time of granting probation, or on application of the
defendant or probation officer thereafter, the court declares the offense to be an
infraction; or
C. When the city attorney or any deputy district attorney files in a court
having jurisdiction over misdemeanor offenses a complaint specifying that the
offense is an infraction.
1.01.230 Punishments.
A. Any person convicted of a misdemeanor under the provisions of this
code shall be punishable by a fine of not more than five hundred one thousand
dollars, or by imprisonment in the county jail for a period not exceeding six months,
or by both such fine and imprisonment.
B. Any person convicted of an infraction under the provisions of this
code shall be punishable for a first conviction by a fine of not more than fifty one
hundred dollars, for a second conviction within a period of one year by a fine of not
more than ene two hundred dollars, and for a third or any subsequent conviction
within a period of one year by a fine of not more than two five hundred fifty
dollars.
w..A 071
Ordinance No. 482
Amending Title 1 and 10
Animal Bite Penalties
Adopted: July _, 2010
Page 4
EXHIBIT B
Amendments to La Quinta Municipal Code Chapter 10.16
(Note: Deletions are shown in strike through text and
additions are shown in italics and double underlines.)
10.16.090 Animal bite unlawful.
a -a
-
a a a
a
A. Biting animal defined. For .purposes of this Section, an animal bite
shall be considered _to_have _occurred when any animal bites any person in the City,
Provided, however, that the bite will not be subiect to this Section if: (1) the
person bitten was provoking the animal at the time of the bite,-_(2the person
bitten was engaged in an unlawful activity at the time of the bite; (3) the animal
was within a fenced or otherwise enclosed area at the time of the bite;•_(4/ the
animal was on a_leash meeting the requirements of Section 10.28.010 at the time
of the bite; or (5) the person bitten is performing services at a veterinary facility at
the time of the bite. For the purposes of this Sectiori the records of animal bites
kept by the City shall be deemed official records and shall establish a rebuttal
presumption of the number of bites recorded against a_. particular animal_
B. First offense. if an anima! is reported to and determined by City to
have bitten any person, the owner or guardian of said animal shall be ,guilty of an
infraction punishable by a fine as Provided in Section 1 01.220 of this Code. Upon
investioatin o and verifying a com lap int of an animal bite, an animal control officer
shall issue a citation to the owner or guardian of said animal. This citation shall be
in addition to any action the animal control officer may deem appropriate pursuant
to Section 10.20.090 of this Title.
C. Subsequent offense. if an animal is reported to and determined the
City to have bitten any person after a first offense citation has been issued._ or the
animal has previously been adjudged to be dangerous or vicious as provided in
Section 10.20 090 of this Title and bites any., person_ subsequent to that
adjudication, the owner or guardian of said animal shall be quip !ty of a misdemeanor
punishable by -a fine of not more than $1,000 or by imprisonment in the Co_u
Jail for a period of not more than six months, or by both such fine and
imprisonment. on investigating and verifying a complaint of a second anima!
« 072
Ordinance No. 482
Amending Title 1 and 10
Animal Bite Penalties
Adopted: July_, 2010
Page 5
bite or any animal bite by a dangerous or vicious animal an animal control officer
shall issue a citation to the owner or guardian of said animal. This citation shall be
in addition to any action the animal control officer may deem appropriate pursuant
to Section 10.20.090 of this Title.
D. The owner of any animal which has bitten attacked, or shown the disposition
tendency or propensity to attack, bite, or otherwise cause injury,or attemptto
__- -
cause injury to a person engaged in lawful activity who causes or allows such
animal to be at large shall be guilty of a misdemeanor punishable by a fine of not
more than $1 000 or by imprisonment in the County Jail for a period of notmore
than six months, or by both such fine and imprisonment.
. " 073
Ordinance No. 482
Amending Title 1 and 10
Animal Bite Penalties
Adopted: July_, 2010
Page 6
EXHIBIT C
Amendments to La Quinta Municipal Code Chapter 10.28
(Note: Deletions are shown in stri"- trough+ text and
additions are shown in italics and double underlines.)
10.28.010 Dogs running at large.
A. No owner or keeper of a dog shall allow or permit the dog, whether
licensed or unlicensed, to be or run at large in or upon any public place or premises,
or in or upon any unenclosed private place or premises, or in or upon any enclosed
private place or premises other than those of the owner or keeper except with
consent of the person in charge of the private place or premises where the dog is
found, unless the dog is securely restrained by a substantial leash not exceeding
twelve feet in length and is in charge and control of a person competent to keep
the dog under effective control. No lead, leash, tether, or chain used to secure a
dog on private property shall extend into the right-of-way. Voice control, electronic
control, eye control or signal control shall not be considered adequate restraint. /f
andog at large bites any_per_son the owner or guardian of such _dog_shall be
deemed guilty of an infraction or a misdemeanor as provided in Section 10. 16.090.
B. Any animal found at large three times or more during any twenty-four
month period shall be deemed a public nuisance. Such animal, upon impoundment,
will be held until the owner provides secure containment for the animal and
satisfactory proof of liability insurance. The owner shall be responsible for any fees
incurred in holding the animal. If the owner fails to provide acceptable containment
within thirty days, the animal may be destroyed by humane means after following
the normal procedures for impounded animals. Only when acceptable containment
has been provided, and approved by the animal control department, will the animal
be released to the owner. The determinations by the animal control department
shall be subject to appeal, and any appeal to a decision under this section shall be
handled consistent with the hearing procedures as set forth in Section 10.20.090
of this title.
0 � 074
Ordinance No. 482
Amending Title 1 and 10
Animal Bite Penalties
Adopted: July , 2010
Page 7
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify the foregoing to be a full, true, and correct copy of Ordinance No.
482 which was introduced at a regular meeting on the 151h day of June, 2010, and
was adopted at a regular meeting held on the day of July, 2010, not being
less than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution No. 2006-1 15.
VERONICA J. MONTECINO, CIVIC, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify that the foregoing ordinance was posted on July , 2010 pursuant
to Council Resolution.
VERONICA J. MONTECINO, CIVIC, City Clerk
City of La Quinta, California
" 075
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COUNCIL/RDA MEETING DATE: JUIy 6, 2010
ITEM TITLE: Approval of the Plans, Specifications
and Engineer's Estimate of Probable Construction
Costs and Authorization to Advertise for Bid, the
Village Area Sidewalk Infill Improvements, Project
Number 2009-19
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
1
Approve the plans, specifications and engineer's estimate (PS&E) and authorize
staff to advertise the Village Area Sidewalk Infill Improvements, Project Number
2009-19 for bid.
FISCAL IMPLICATIONS:
The following is the approved funding and funding sources:
RDA Project Area Number 1
SB 821 Sidewalk and Bicycle Account
Total Funding Available:
The following is the project budget:
Design
Inspection/Testing/Survey
Construction
Contingency
$87,300
$87,300
$174,600
$21,225
$12,650
$129, 600
$11,125
$174,600
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With the revised engineer's estimate of $219,075, there is a shortfall in funding for
the project. Staff will request appropriation of additional funds from Project Area
Number 1 when the project is awarded.
CHARTER CITY IMPLICATIONS:
The project is partially funded with Redevelopment Agency (RDA) project area
funding and partially funded with State funding. As such, the project will be bid
with prevailing wage requirements.
BACKGROUND AND OVERVIEW:
The proposed improvements include the construction of several missing sidewalks
and/or handicap ramps within the Village Area. The missing segments total
approximately 3,300 linear feet. A project vicinity map is attached for the City
Council's consideration as Attachment 1 .
On April 21, 2009, the City Council adopted Resolution 2009-033 approving the
Fiscal Year 2009-2010 through 2013-2014 Capital Improvement Program (CIP) and
making certain findings pursuant to Health and Safety Code Section 33445(a).
Sidewalk — Various Locations and Handicap Ramps — Various Locations were
included within the adopted CIP and scheduled for funding during Fiscal Year 2009-
2010. In addition, the City Council, in a separate action, approved an SB 821
program grant application in the amount of $87,300 for the design and
construction of sidewalks within the Village Area. At that time, the City Council
was advised that the total cost for the proposed village sidewalk infill project was
estimated to be $174,600. The increase in project costs was caused by additional
requirements to meet Americans with Disabilities Act (ADA) requirements. The
City's grant application committed a 50% match (or $ 87,300), which would be
funded by the RDA through the Sidewalks — Various Locations, CIP Account #401-
1651-551.45-01 and Handicap Ramps at Various Locations, CIP Account #401-
1652-551.45-01.
The City received formal notification from the Riverside County Transportation
Commission (RCTC) that the City's grant request was approved for funding in the
amount of $87,300 on July 14, 2009. The provisions of the grant require that
funding be claimed prior to June 30, 2010.
On October 6, 2009, the City Council appropriated SB 821 funding, in the amount
of $87,300, and authorized staff to distribute a Request for Proposal (RFP) to
obtain professional engineering services to prepare the plans, specifications and
engineer's estimate (PS&E) for the Village Area Sidewalk Infill Improvements,
Project Number 2009-19.
»...^ 077
The PS&E for the Project No. 2009-19 improvements are completed at this time,
and are available for review within the City's Public Works Department. Staff
requests the City Council approve the PS&E at this time and authorize staff to
advertise the project for construction.
Contingent upon City Council authorization to advertise the project for bid on July
6, 2010, the following is the anticipated project schedule:
City Council Approves PS&E
Project is Advertised
City Council Awards Contract
Sign Contracts and Mobilize
Construction (45 working days)
Project Closeout
FINDINGS AND ALTERNATIVES:
July 6, 2010
July 7, 2010 to July 29, 2010
August 3, 2010
August 4, 2010 to August 17, 2010
August, 2010 through September, 2010
October, 2010
The alternatives available to the City Council include:
1. Approve the PS&E, and authorize staff to advertise the Village Area Sidewalk
Inf ill Improvements, Project Number 2009-19 for bid; or
2. Do not approve the PS&E, and do not authorize staff to advertise the Village
Area Sidewalk Infill Improvements, Project Number 2009-19 for bid; or
3. Provide staff with alternative direction.
Respectfully submitted,
Ti othy R. J na
Public Works Di
r or/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Vicinity Map
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COUNCIL/RDA MEETING DATE: July 6, 2010
ITEM TITLE: Approval of the Plans, Specifications
and Engineer's Estimate (PS&E) and Authorization to
Advertise for Bid, Drainage Improvement (Northeast
Corner of Simon Drive and Washington Street),
Project No. 2009-15
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: _
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve the PS&E; and authorize staff to advertise for bid, Drainage Improvement
(Attachment 1 — Vicinity Map) located at Northeast Corner of Simon Drive and
Washington Street, Project Number 2009-15.
FISCAL IMPLICATIONS:
The following is the project's approved funding and funding sources:
RDA Project Area No. 2 Funds: $500,000
Total: $500,000
Based upon the Engineer's estimate of probable construction costs, in the amount
$198,650, the following is the anticipated project budget:
Construction:
$198,650
Design:
$37,106
Professional:
$37,106
Inspection/Testing/Survey:
$36,178
Contingency:
$190,960
Total:
$500,000
Adequate funding is available to support staff's recommendation.
CHARTER CITY IMPLICATIONS:
The project includes Redevelopment Agency (RDA) funding. The project will be
advertised with prevailing wage requirements.
Iil
BACKGROUND AND OVERVIEW:
The proposed improvements will install drainage improvements on the northeast
corner of Washington Street and Simon Drive. The need for the project was
generated by a Memorandum of Understanding (MOU) between the City and the
developer of the Washington Square development, Washington 1 1 1, Ltd., executed
May 18, 2005 which required the City to make offsite drainage improvements in
order to prevent drainage from Simon Drive going south onto private property. The
improvements were agreed to be installed within 60 months of the execution of the
MOU.
Due to the nature and scope of the improvements, the PS&E for the project was
prepared in-house. The PS&E is complete and available for review within the Public
Works Department.
Contingent upon City Council authorization to advertise the project for bid on July
6, 2010, the following is the anticipated project schedule:
City Council Approves PS&E
Project is Advertised
City Council Awards Contract
Sign Contracts and Mobilize
Construction (30 working days)
Project Closeout
July 6, 2010
July 7, 2010 to July 29, 2010
August 3, 2010
August 17, 2010 to September 7, 2010
September, 2010 to September 29, 2010
October, 2010
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the PS&E; and authorize staff to advertise for bid, Drainage
Improvement (Northeast Corner of Simon Drive and Washington Street),
Project Number 2009-15; or
2. Do not approve the PS&E; and do not authorize staff to advertise for bid,
Drainage Improvement (Northeast Corner of Simon Drive and Washington
Street), Project Number 2009-15; or
3. Provide staff with alternative direction.
081
Respectfully submitted,
�mothy on s on, P.E.
Public Wor s Director/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Vicinity Map
082
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COUNCIL/RDA MEETING DATE: July 6, 2010
ITEM TITLE: Approval to Award a Contract to PTM
General Engineering Services, Inc., to Construct the
Phase II Village Enhanced Pedestrian Crossing and
Traffic Calming Devices, Project Number 2008-04B
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Award a contract to PTM General Engineering Services, Inc., in the amount of
$527,027, to construct the Phase II Village Enhanced Pedestrian Crossings and
Traffic Calming Devices, Project Number 2008-04, and authorize the City Manager
to execute the contract.
FISCAL IMPLICATIONS:
The following is the project's approved funding and funding sources:
CDBG Funds
State Gas Tax Funds
Total Approved Funding:
Less Project Costs to Date:
Total Funding Available:
$308,832
$594,393
$903,225
($156,470)
$746,755
Based on the low bid received from PTM General Engineering Services, Inc., in the
amount of $527,027, the following is the estimated project budget:
p
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Design:
$55,130
Professional:
$8,620
Inspection/Testing/Survey:
$42,023
Construction:
$527,027
Administration:
$21,550
Contingency:
$92,405
Total:
$746,755
As shown adequate funding is available to support staff's recommendation.
CHARTER CITY IMPLICATIONS:
The project is partially funded with Community Development Block Grant (CDBG)
and State Gas Tax funds. As such, the project will be bid as a prevailing wage
improvement.
BACKGROUND AND OVERVIEW:
The purpose of the project is to install aesthetically pleasing pedestrian crossings
and to calm traffic within the City's Village area near "Old Town". The Phase II
improvements include: installing decorative pavers within the crosswalks at the
Avenida Bermudas/Calle Tampico intersection along with dry wells; and installing
decorative pavers within the crosswalks at the Desert Club Drive/Calle Tampico
intersection, dry wells, and an enhanced pedestrian crossing with speed tables,
immediately south of Calle Tampico on Desert Club Drive.
On April 15, 2008, the City Council adopted Resolution 2008-023 approving the
Fiscal Year 2008-2009 through 2012-2013 Capital Improvement Program (CIP).
The Village Enhanced Pedestrian Crossings are included within the adopted CIP and
scheduled for funding during Fiscal Years 2008-2009.
On November 18, 2008, the City Council conducted a public hearing and adopted
Resolution 2008-073 allocating the use of CDBG funds. The public facility
improvements included within the Village Enhanced Pedestrian Crossings and
Traffic Calming Devices project were included in this action and allocated an
additional $160,000 bringing the total including previous CDBG allocation to
$308,832.
085
On August 4, 2009, the City Council approved the plans, specifications and
engineer's estimate (PS&E) and authorized staff to advertise for bid the Village
Enhanced Pedestrian Crossings and Traffic Calming Devices, Project Number 2008-
04. The project scope was subsequently revised into two phases in order to
expedite construction of the speed humps last fall prior to the start of the holiday
season. The remaining improvements were intended to be advertised and
constructed in the summer of 2010.
On November 3, 2009 the City Council awarded a contract to Contreras
Construction Co., in the amount of $47,014, to construct the Phase I Village
Enhanced Pedestrian Crossings and Traffic Calming Devices, Project Number 2008-
04.
On March 16, 2010, the City Council accepted the Phase I Village Enhanced
Pedestrian Crossings and Traffic Calming Devices Project No. 2008-04A, CDBG
Project Nos. 4.LQ.04-08 & 4.LQ.06-09, as 100% complete; authorized the City
Clerk to file a Notice of Completion with the Office of the County Recorder; and
authorized staff to release retention in the amount of $5,192, thirty-five (35) days
after the Notice of Completion was recorded.
On June 24, 2010, three (3) sealed bids were received for the construction of
Phase II improvement. A detailed bid comparison summary is provided for the City
Council's review (Attachment 1). The basis of award is the lowest combined price
of the base bid area, plus Base Bid Area 2, plus Additive Bid Alternate 1.
Desert Concepts Construction, Inc. submitted the lowest apparent bid in the
amount of $466,146.55. Following the due diligence performed by staff, it was
determined that Desert Concepts Construction, Inc. did not properly complete the
bid schedule by not providing a bid for all of the project components.
Subsequently, the bid submitted by Desert Concepts Construction, Inc. has been
determined to be non -responsive.
Staff therefore recommends the project be awarded to the lowest responsive
bidder, PTM General Engineering Services, Inc., in the amount of $527,027.
Contingent upon City Council's authorization to award a construction contract on
June 24, 2010, the following is the anticipated project schedule:
« 086
City Council Awards Contract July 6, 2010
Sign Contracts and Mobilize (10 Working Days) July 7 - 17, 2010
Construction (40 Working Days) July — September 2010
Project Close-out October 2010
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
Award a contract to PTM General Engineering Services, Inc. in the amount of
$527,027, to construct the Phase II Village Enhanced Pedestrian Crossings
and Traffic Calming Devices, Project Number 2008-04, and authorize the
City Manager to execute the Contract; or
2. Do not award a contract to PTM General Engineering Services, Inc. in the
amount of $527,027, to construct the Phase II Village Enhanced Pedestrian
Crossings and Traffic Calming Devices, Project Number 2008-04; or
3. Provide staff with alternative direction.
Respectfully submitted,
T oton ntE
ic ctor/CPubly.
Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Bid comparison summary
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COUNCIL/RDA MEETING DATE: July 6, 2010
ITEM TITLE: Acceptance of a Grant of Easement and
Agreement for Right -of -Way, Public Street, Utility
Purposes and Ancillary Uses Along Washington Street
by Levitan Development, a Nevada Limited Liability
Company for the Desert Express Carwash
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Accept a Grant of Easement and agreement for right-of-way, public street, utility
purposes and ancillary uses along Washington Street by Levitan Development, a
Nevada Limited Liability Company for the Desert Express Carwash.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The Public Works Department requires additional right-of-way to be dedicated for
roadway purposes along the east side of Washington Street per conditions of approval
for site development permit 2008-905.
Levitan Development, a Nevada Limited Liability Company, owner of the development,
proposes to develop this property located on Washington Street and north of Fred.
Waring Drive (Attachment 1)•
The Developer desires at this time to dedicate the easement (Attachment 2), for the
additional right-of-way to the City of La Quinta.
.= 089
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Accept a Grant of Easement and agreement for right-of-way, public street,
utility purposes and ancillary uses along Washington Street by Levitan
Development, a Nevada Limited Liability Company for the Desert Express
Carwash; or
2. Do not acceptance a Grant of Easement and agreement for right-of-way, public
street, utility purposes and ancillary uses along Washington Street by Levitan
Development, a Nevada Limited Liability Company for the Desert Express
Carwash; or
3. Provide staff with alternative direction.
Respectfully submitted,
T' othy R. Jon son, P.E.
Public W s ector/City Engineer
Approved for submission by:
nK��Af�4��.
Thomas P. Genovese, City Manager
Attachments: 1. Vicinity Map
2. Grant of Easement and Agreement with Exhibits A thru C
090
ATTACHMENT 1
091
ATTACHMENT 2
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of La Quinta }
78-495 Calle Tampico }
La Quinta, Ca. 92253 }
Attn: City Clerk }
APN: 609-070-047 (Space above this line for Recorder's use)
Exempt recording fee p mmant to Govt. Code 6103.
GRANT OF EASEMENT AND AGREEMENT
THIS GRANT OF EASEMENT AND AGREEMENT (hereinafter referred to as the
"Agreement" is made this day of , 20, by
Levitan Development, a Nevada 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 43-632 Washington Street, La
Quinta, California, which property is identified by Riverside County Assessor Parcel Number
609-070-047 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"), a non-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 easement to the
City.
2. PURPOSE. The easement is for a non-exclusive, perpetual and irrevocable
easement in, on, under and across the Easement Area for right-of-way, public street, utility
purposes and ancillary uses.
092
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. 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]
093
Executed this 03 day of 44V 20 10 , at La Quinta, California.
"Grantor"
Levitan Development,
A Nevada Limited Liability Company
0
TALI SHULMAN
whiny Public
GmWomem ofMunchusan
my gmMusioo FROM
06l0310
aCity"
CITY OF LA QUINTA, a California municipal
corporation and charter city
By:
Thomas P. Genovese
City Manager
Attest:
Veronica J. Montecito, CMC, City Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
M. Katherine Jensen
City Attorney
094
2156/015610-0002
824642.02.0422/10
EXHIBIT A
(Legal Description of Easement Area Attached)
-5-
095
EXHIBIT "Alp
RW-D 2010-077
RIGHT-OF-WAY DEDICATION
That portion of the South half of Section 18, Township 5 South, Range 7 East, San Bernardino
Meridian, described as follows:
Commencing at the southwesterly corner of said Section:
Thence North 00011'07* East along the Westerly line of said Section 854.40 feet;
Thence North 89028'40" East 55.00 feet to the True Point of Beginning;
Thence North 00011'07° East along a line parallel to and distant 55.00 feet east of the West line
of aforementioned Section, 150 feet;
Thence North 89028'40" East, 13.00 feet;
Thence South 00*11'07" West, 150 feet;
Thence South 89028'40° West, 13.00 feet to the True Point of Beginning.
CONTAINING: 1, 950 square feet (0.04 Acres), more or less.
SUBJECT TO: ALL COVENANTS, RIGHTS, RIGHT-OF-WAYS AND EASEMENTS OF
RECORD.
PREPARED UNDER THE SUPERVISION OF:
JOHN H. HACKER, RCE 14614
EXPIRES 3/31/11
C 14614 T7%
oc S1.
DATE
« " 096
EXHIBIT B
(Depiction of Easement Area Attached)
2156/01%10-0002
824642.02 a0422/10 -6-
4 � 097
I
AREA
20.00'
LANDSCAPE
EASEMENT
EXHIBIT "B"
RW-D 2010-077
PARCEL A
INST. NO. 2004-1001432
PORTION OF LOT 26
RECORD OF SURVEY 15/32
272.06
PARCEL 1
P.M. NO. 31876
P.M.B. 210/64-65
GRAPHIC SCALE
( IN FEET)
1 inch = 60 ft_
GRANT OF EASEMENT
LINE DATA TABLE
L1) N8928'40'E 13.00'
285.00'
N
0
R
Y40 T
1" H 60'
SEC. 18, T. 5 S., R. 7 E.
DESIGN BY: SCALE: FILE NO.:
W.A.P. 1" = 60'
CHK'D BY: DWG. NO.: SHT NO.:
J. H.H.
a
EXHIBIT C
(Legal Description of Property Attached)
2156/015610-"2
824642.02 a0422/10
W_ 099
EXHIBIT "C"
RW-D 2010-077
EXISTING LEGAL DESCRIPTION
That portion of the South half of Section 18, Township 5 South, Range 7 East, San Bernardino
Meridian, described as follows:
Commencing at the southwest comer of said Section:
Thence North 00011'07" East along the West line of said Section 854.40 feet;
Thence North 89°28'40" East, leaving said West line, 55.00 feet to the True point of beginning;
Thence North 00011'070 East 150.00 feet along a line parallel with and distant 55.00 feet east of
aforementioned West line of Section 18;
Thence North 89028'40 East, 285.00 feet;
Thence South 0001 1'07"West, 150.00 feet;
Thence South 89028'40" West, 285.00 feet to the True Point of Beginning.
CONTAINING: 0.98 Acres, more or less.
SUBJECT TO: ALL COVENANTS, RIGHTS, RIGHT-OF-WAYS AND EASEMENTS OF
RECORD.
100
Tjht 4 4Kxii4
COUNCIL/RDA MEETING DATE: July 6, 2010
ITEM TITLE: Adoption of a Resolution to Extend the
Time for Completion of the On -Site Improvements for
Tract Map No. 32279, Palo Verde, Standard Pacific
Coachella Valley
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: _
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a resolution to extend the time for completion of the on -site improvements as
specified in the approved Subdivision Improvement Agreement (SIA) to June 18, 2011
for Tract Map No. 32279, Palo Verde, Standard Pacific Coachella Valley.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Palo Verde (Tract Map No. 32279) is located north of Avenue 58 and approximately
half a mile west of Madison Street (Attachment 1).
On February 8, 2006, the City and Standard Pacific Coachella Valley entered into an
SIA for Tract Map No. 32279. Section 6 of the SIA requires: "that the subdivision
improvements shall be complete within twelve months after the approval of the SIA.
Failure by Subdivider to begin or complete construction of the improvements within the
specified time periods shall constitute cause for City, in its sole discretion and when it
deems necessary, to declare Subdivider in default of this SIA, to revise improvement
security requirements as necessary to ensure completion of the improvements, and/or
to require modifications in the standards or sequencing of the improvements in
p• 101
response to changes in standards or conditions affecting or affected by the
improvements. "
On August 7, 2007, the City Council adopted a resolution granting a time extension
for the completion of the on -site improvements to June 18, 2009.
On June 16, 2009, the City Council adopted a resolution granting a second time
extension for the completion of the on -site improvements to June 18, 2010.
In a letter dated June 9, 2010 (Attachment 2), the developer states that the current
housing market conditions have resulted in a considerable slow down of the
construction schedule to complete this project. The remaining on -site improvements
include the installation of two roundabouts. The underground conduits for the
roundabout, the grade adjustment of the valves and manholes, and the final lift of
street paving were completed by August 2009, which was a condition of the 2009
time extension. The developer anticipates the new home market to recover in two to
three years and requests a two-year time extension. Staff has prepared the attached
resolution which provides for approval of the third time extension of the SIA for one
year to June 18, 2011 .
Attachment 3 is a letter from a resident of Palo Verde requesting the developer to
install the median islands with landscape and lighting now. Since future homes will
still be constructed, the developer has proposed to install the two roundabouts or
center medians when the tract is build out. Staff concurs that the landscaped
roundabouts can be installed when the construction of the homes is complete since
the roundabouts would likely be damaged during construction of the future homes and
are not necessary for safe operation of the street.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council to extend the time for completion of the
on -site improvements as specified in the approved Subdivision Improvement
Agreement to June 18, 2011 for Tract Map No. 32279, Palo Verde, Standard
Pacific Coachella Valley; or
2. Do not adopt a Resolution of the City Council to extend the time for completion
of the on -site improvements time as specified in the approved Subdivision
Improvement Agreement to June 18, 2011 for Tract Map No. 32279, Palo
Verde, Standard Pacific Coachella Valley; or
3. Provide staff with alternative direction.
102
Respectfully submitted,
4imothy ona s n, P.E
Public Wor s Dir ctor/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Vicinity Map
2. Letter from Standard Pacific Homes dated June 9, 2010
3. Letter from Jan Junkin dated June 11, 2010
103
[ &i.A4r 0iJIJI:911111kkilDa
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION
OF TIME FOR THE COMPLETION OF THE ON -SITE
IMPROVEMENTS AS SPECIFIED IN THE APPROVED
SUBDIVISION IMPROVEMENT AGREEMENT TO JUNE 18,
2011 FOR TRACT MAP NO. 32279, PALO VERDE
WHEREAS, the City Council approved the Subdivision Improvement
Agreement (SIA) for Tract Map No. 32279, Palo Verde, on February 8, 2006; and
WHEREAS, Section 6. Completion of Improvements, of the approved SIA
requires that the Subdivider begin construction of the improvements within ninety
days and complete the construction within twelve months after the approval of the
Agreement; and
WHEREAS, failure by the Subdivider to complete construction of the
improvements by June 18, 2010, shall constitute cause for the City, in its sole
discretion and when it deems necessary, to declare the Subdivider in default of the
approved agreement; and
WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the
City Council's sole and absolute discretion, an extension of time for completion of
the improvements with additions or revisions to the terms and conditions of the
Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
Section 1. The time for the completion of the on -site improvements as
required by the approved SIA is extended to June 18, 2011 .
Section 2. The time extension for completing the improvements shall expire
when City offices close for regular business on June 18, 2011. If the Subdivider
has not completed the improvements, the City, in its sole discretion and when
deems necessary, may declare the Subdivider in default of the Agreement.
Section 3. The provided security amount as required in the approved SIA is
satisfactory. No additional securities are required.
Section 4. All other terms, responsibilities and conditions as listed in the
approved SIA shall remain in full force and effect.
104
Resolution No. 2010-
Tract Map No. 32279, Palo Verde
Adopted: July 6, 2010
Page 2
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 6`" day of July 2010, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
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
DON ADOLPH, Mayor
City of La Quinta, California
0 ' 105
ATTACHMENT 1
TM 32279 PALO VERDE
Y MAP
NOT TO SCALE
CITY COUNCIL MEETING: July 6, 2010
APPLICANT: Mr. Sean Doyle, Standard Pacific Homes
106
ATTACHMENT 2
STANDARD PACIFIC HOMES'
June 9, 2010
Timothy R: jonasson, PE`
Public Works Director/City Engineer
CITY OF LA QUINTA
78-450 Avenida La Fonda
La Quinta, CA 92253
Re. Request for Time Extension of Improvements
Tract map No. 32279 — Mirage of La Quanta (a.k.a. Palo Verde)
Subdivision Improvement Agreement (SIA), On -site Improvements
Dear Mr. jonasson,
Pursuant to Section 8 of the Subdivision Agreement for Tract Map No. 32279, this letter is
intended to serve as our application to the City Counsel for an extension of time for completion
of the on site improvements. The current housing market conditions have resulted in a
considerable slow down of the construction schedule for this neighborhood from our original
business plan which had the neighborhood being completed in 2009.
As you are aware almost all of the improvements are complete under the SIA as depicted in the
table below. To date all that remains are the two roundabouts and landscaping within the
roundabouts.: Due to the current market conditions we requested an extension of. the SIA as
construction activity has been halted until the new home market rebounds. Our current.
anticipation is potentially two to three years before the market recovers in the area. It is my
understanding that two year extensions are not granted for SIA's, however we would like to
propose a two year extension again.
Improvement
% Complete
Schedule
Completion
Street
98
June 2012
Storm Drain
106
Domestic Water
100
Sewer
100
Dry Utilities
100
Perimeter Wall
100
Monumentation
100
If you have any questions, please feel free to contact me at (949) 789-1716.
p.. ^ 107
26 Technology, Irvine, CA92618 { TEL.949.789-I660 ( FAX 949,789.1609 u msu vian*=fulzorrus.com
Mr. Timothy R. jonasson
Re- Tract' map No. 32.279 Request forTime Extension of Improvements
June 9,2010
Page 2 of 2
Smcerely,
STAN15ARD PACIFIC
Cc: Michael Battaglia; Standard Pacific Nouns
Ed Wir m , City of U Quints
Anty Yu, City of La, Quints
0,.IPRWCrMAt4A,GMDMPMMM_VC,UR"NIJAMAC+MU . A,V4UZYNEl(;kWRHODW%PALQ VEMMO CITY-COUNTY:OlDRRSSP%GZ3ary-sw
COKMMTR32279WR32M$lA WMNWN KNUMOUN99.14DW,
108
26.Te6nology, Irvine, CAlUIS 11 TEL 9.49,789-16.00 1 FAX 9.49.789.1609 1 =W$WO4nOaw-Vb WMCM
ATTACHMENT 3
JUNE 11, 2010.
City of La Quinta RECEIVED
P.O. Box 1504
La Quinta, Ca. 92247 JUN 1 4 2010
Att; Tim Jonasson PUBLIC WORKS
Public Works Director
To Whom it may concern;
The developer, Standard Pacific, has again asked for another two year extension of their
Subdivision Improvement agreement (#929383642) that expires on June 16, 2010. We
anticipate that the item will be heard by Council at the meeting on July 6; 2010.
The residents that are now a part of this subdivision would like to express their concerns
at this meeting. Several of us have been waiting almost _ for a completion of
the street that was promised when we signed as buyers. Under the current economy, if
we do not act now on getting the center islands in as promised, we will most likely be
waiting a 111M of another JIM !
I believe that is going. beyond what is fair to the residents of Palo Verde at La Quinta. All
of the homes on the street that were built have been sold and are occupied. We plead
with you at .this point to take into consideration the feelings of the residents. We
purchased our homes in good faith and some of us at top dollar_ We only ask that the
street have the center islands installed to make it look more pleasing and most important
for safety. We have no street lights and it is very dark. ff any of us had to sell, we could
be taking a huge loss. The betterment of the street might make a difference. We know
the argument from the developer has been that the trucks would have. difficulty delivering
when production restarts. However, this is more of an excuse than fact. It can be done
with little or no damage to the islands. The developer has not returned after the previous
extension granted and therefore, we feel all the extensions granted have reached the end.
We also, have not seen the final plans for these islands which should consist of trees,
foliage and lighting. We would appreciate a copy of the plans that the city has on file.
If after reading this letter, you feel funther discussion is necessary before the meeting, I
would be pleased to meet with you.
. We do plan to amend this council meeting with at least one spokesperson This item is
of utmost importance to all of us. Please try to help us this time!
Thankyou
uffor your time and consideration.
57-568 Rosewood Court
La Quints,. Ca. 92253
760 771-0026
Cc: Don Adolph, Mayor
109.
Cs,4a.V+ ate, -2L- 4a
The Honorable Mayor and City Council Members July 6, 2010
Don Adolph, Mayor
Kristy Franklin
Stanley Sniff
Terry B_Henderson
Linda Evans
78-495 Calle Tampico
La Quinta, CA 92253
Honorable Mayor Don Adolph and Council Meyers_
We are writing to ask you to support the performances of terms of the completion of the
street improvements agreement for Tract Map No32279 on Rosewood Court, in the
City of La Quinta. Before granting a two year extension requested by the Developer
Standard Pacific again for the third time, please note.... Rosewood Court is a street
where all the homes are occupied l and the meet must be fully serviceable in
accordance with the approved street plans. The islands which are part of the approved
plan have not been installed on Rosewood CourL The street was originally designed
and approved to provide street speed calg effect as well as a more pleasing living
environment. We believe lack of the center istands makes the required mitigation
measures incomplete and as a result creates use conditions on Rosewood Court.
All of us at the Palo Verde community are do ft our share to keep the rmlghborhood
well maintained. Your support wilt insure a sailer arid more pleasing a xmvx ity_ Please
note that the installation of islands has-been parto€ fm street rrremerts but has not
been constructed yeL The Palo Verde Itrrwanier Association wit pay kx tine
maintenance costs of the -islands,
When the benefits are so great and #here is no to lie C&)f. # good sale io
support this reasonable request Thank you so ouch for
low support -
Sincerely,
HOME OWNERS OF PALO VERDE
fit & Janice Junkin
✓;
57685 Rosewood Court
110
Nasim &(�AMir (M� od�a�rressi
57690 Rose wood Court
John & Pam Broyles
Rosewood Court
Steen & Victoria Cholas
57655 Rosewood Court
Craig & Renee Surdy
37720'Rosewood Court
& Marilyn al
6SC Rosewood Court
C. AM
Mares & -ersy Lin
R� Court i
111
Ernest & Donna Richter
57505 Rosewood Court
Delores Crain
— tc
57565 Rosewoo6 Court
Richard
& Debra Divine
57595 Rosewood Court
Edward & Celeste Lindemann
57600 Rosewood Court
Rodney & Madre Knaak
.57570 Rosewood Court
Colin & Elizabeth Niven
57925 Rosewood Court
" 112
�aylnond & Meggen Stodcstill
57865 osewood Court
Todd Palmer
57895 Rosewood Court
Gary & Melanie Singer
57715 Rosewood Court
4 113
Page I of 1
Subj: letter to city council
Date: 7/5/2010 10:29:59 P.M. Pacific Daylight Time
From: melanie.sinoerOgmail com
To: Janiunkin8oaol.com
Hi Jan,
I am sorry I forgot to call you back today. It has been very busy as Gary just flew in from Asia last week
and left again today for London.
And with puppy things are always a bit chaotic these days! She is going in on Wednesday for her female
surgery, so I am a bit preoccupied with that as well.
Please do add our names to the letter, and thank you for taking the lead on this issue_
I miss coming down and look forward to seeing you again after the summer. Rosie is a sweetheart and
we are enjoying her so much. TMac was quite jealouse at first, but she adores him and I think he is
crumbling!
Best,
Melanie
Tuesday, July 06, 2010 AOL: Janjunkin8
1:14
JUNE 11, 2010
City of La Quinta
P.O. Box 1504
La Quinta, Ca. 92247
Att; Tim Jonasson
Public Works Director
To Whom it may concern;
The developer, Standard Pacific, has again asked for another two year extension of their
Subdivision Improvement agreement (#929383642) that expires on June 16, 2010. We
anticipate that the item will be heard by Council at the meeting on July 6, 2010.
The residents that are now a part of this subdivision would like to express their concerns
at this meeting. Several of us have been waiting almost three years for a completion of
the street that was promised when we signed as buyers. Under the current economy, if
we do not act now on getting the center islands in as promised, we will most likely be
waiting a minimum of another two years!
I believe that is going beyond what is fair to the residents of Palo Verde at La Quinta. All
of the homes on the street that were built have been sold and are occupied. We plead
with you at this point to take into consideration the feelings of the residents. We
purchased our homes in good faith and some of us at top dollar. We only ask that the
street have the center islands installed to make it look more pleasing and most important
for safety. We have no street lights and it is very dark. If any of us had to sell, we could
be taking a huge loss. The betterment of the street might make a difference. We know
the argument from the developer has been that the trucks would have difficulty delivering
when production restarts. However, this is more of an excuse than fact. It can be done
with little or no damage to the islands. The developer has not returned after the previous
extension granted and therefore, we feel all the extensions granted have reached the end.
We also, have not seen the final plans for these islands which should consist of trees,
foliage and lighting. We would appreciate a copy of the plans that the city has on file.
If after reading this letter, you feel further discussion is necessary before the meeting, I
would be pleased to meet with you.
. We do plan to attend this council meeting with at least one spokesperson. This item is
of utmost importance to all of us. Please try to help us this time!
Thank you for your time and consideration.
Jan Junkin
57685 Rosewood Court
La Quinta, Ca. 92253
760 771-0026
Cc: Don Adolph, Mayor
115
m
O
-4 � 0
00
0%
W
O
Tjhf 4 lwR"
COUNCIL/RDA MEETING DATE: JUIv 6, 2010
ITEM TITLE: Approval to Distribute a Request
Proposal to Obtain Construction Inspection Services
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
for
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve and authorize staff to distribute a Request for Proposal (RFP) to obtain
construction inspection services.
FISCAL IMPLICATIONS:
None at this time. Agreement for services from successful responder will be brought
back to City Council for approval at a future date.
Funding for construction inspection services is included in the Fiscal Year 2010-201 1
budget.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Since its inception, the City has relied on contract construction inspection for private
development and capital improvement projects. The City has an existing Professional
Services Agreement (PSA) with PSOMAS for construction inspection services, which
expires on August 4, 2010.
Staff has prepared an RFP to obtain construction inspection services, which includes a
sample of the PSA (Attachment 1)• The PSA calls for an initial 2-year term of August
5, 2010 through August 4, 2012, with an option for up to two (2) 1-year extended
terms upon mutual agreement by both parties. Staff anticipates hiring one (1) firm on
ill
an hourly basis in order to meet the construction inspection demand for both private
development and the City's Capital Improvement Program (CIP).
The consultant selection process outlined within City Resolution No. 2005-096,
adopted December 6, 2005, shall be followed. In accordance with Resolution 2005-
096, the guidelines for major services will be followed as the estimated cost may
exceed $50,000.
The City Manager intends to appoint a consultant selection committee consisting of
the following members: Tim Jonasson, P.E., Public Works Director/City Engineer,
Bryan McKinney, Engineering Services/CIP, Principal Engineer, and Leonard St. Sauver,
Public Works Inspection Supervisor. If the City Council wishes to appoint a different
committee, the committee would be subject to the Brown Act unless the committee
consists solely of two council members.
If approved by City Council, the schedule will be as follows:
July 7, 2010
RFP Distributed
July 30, 2010
Proposals Due on/before 5:00 p.m.
August 2010
Selection Committee Reviews Proposals
September 2010
Negotiations with Top Ranked Proposer
September 21, 2010
City Council Awards PSA
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve and authorize staff to distribute the RFP to obtain construction
inspection services; or
2. Do not approve and authorize staff to distribute the RFP to obtain construction
inspection services; or
3. Provide staff with alternative direction.
Respectfully submitted,
d
thy R. JQfi so P/.E.
Public Works 6i ecto:{City Engineer
Approved for submission by:
K /? -
Thomas P. Genovese, City Manager
Attachment: 1. Request for Proposal and sample professional services
agreement for construction inspection services
119
ATTACHMENT 1
Request for Proposals (RFP) to Provide
Construction Inspection Services
The Consultant shall provide services as follows:
1. CONSTRUCTION INSPECTOR — provide qualified technical field
representative to monitor the construction of a variety of public works
capital improvement and private development construction projects. Must
be able to work evening/night shifts as necessary to provide coverage
a. Prepare and track project schedules as directed by the City.
b. As directed by the City, prepare necessary correspondence, reports,
and memos necessary to administer various City capital improvement
projects and/or private development projects.
c. Observe, photograph, document and report on project progress, daily
construction activities, assume the City's role and act as the City's
agent with contractors, developers, other outside agencies and with
City contracted technical consultants.
2. Proposal Format
Proposals (work proposal and cost proposal) are to be submitted in separate
envelopes clearly marked with the consultant's name, address and phone
number Only one proposal per consultant will be considered.
Proposal packages are to be submitted to the City on/before 5:00 P.M. Friday,
August 6, 2010. Proposals received after the stated deadline shall not be
accepted. Proposal packages are to be delivered to:
Bryan McKinney, Principal Engineer, Engineering Services Division
City of La Quinta Public Works Department
78-495 Calle Tampico, P.O. Box 1504, La Quinta, CA 92247
3. Selection Process
Work Programs will be reviewed by a Selection Committee. The Committee will
rank the consultants for contract negotiations based upon the materials
submitted within the Work Proposal, The Selection Committee may chose to
interview two or more closely ranked firms, but will not expect or schedule time
for elaborate presentations. Cost proposals will be opened only after the
ranking process is complete. Contractors are encouraged to keep their
proposals brief and relevant to the specific work required. The City will open
a ^ 120
contract negotiations with the top ranked firm. The successful consultant will
be expected to enter into the attached Professional Services Agreement (PSA)•
Proposals shall include the following items:
A. Work Proposal (envelope 1) — submit 4 copies
1 . Cover Letter
(1) The name, address and phone number of the consultant's contact
person for the remainder of the selection process.
(2) Any qualifying statements or comments regarding the consultant's
proposal, the information provided in the RFP, or the proposed
Professional Services Agreement.
(3) Identification of sub -contractors and their responsibilities.
2. Statement of Qualifications
(1) A listing of proposed project personnel, including personal
experiences and individual resumes for prime consultants and sub-
contractors.
(2) Consultant's and sub -contractor experience with similar work,
including names and current phone numbers of references for
existing and past clients.
3. Project Understanding and Approach
A description of your project understanding and how you will approach
the project.
4. Cost Proposal (envelope 2) — 1 copy
The Consultant is to submit a detailed cost proposal for all services and
materials anticipated in completing the project.
121
CITY OF LA QUINTA, CA
REQUEST FOR PROPOSAL (RFP)
COST PROPOSAL SHEET
The following is a summary of costs to provide the services outlined in the Request
for Proposal (RFP) for Construction Inspection Services and will be used as the
basis for negotiating a Professional Services Agreement (PSA):
Item
Unit
Est. Quantity
Unit Cost
Extended Cost
Description
$
$
Prime Consultant:
Date Signed:
0. ^ 122
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made
and entered into by and between the CITY OF LA QUINTA, ("City"), a California
municipal corporation, and ("Consultant"). The parties
hereto agree as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services related to Construction
Inspection 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.
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a. Care of Work. Consultant shall adopt reasonable methods during the life
of the Agreement to furnish continuous protection to the work performed by
Consultant, and the equipment, materials, papers and other components thereof to
prevent losses or damages, and shall be responsible for all such damages, to
persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City's own negligence. The performance of
services by Consultant shall not relieve Consultant from any obligation to correct
any incomplete, inaccurate or defective work at no further cost to City, when such
inaccuracies are due to the negligence of Consultant.
b. Standard of Work. Consultant acknowledges and understands that the
services and work contracted for under this Agreement require specialized skills
and abilities and that, consistent with this understanding, Consultant's services and
work will be held to a heightened standard of quality and workmanship. Consistent
with Section 1.4 hereinabove, Consultant represents to City that it holds the
necessary skills and abilities to satisfy the heightened standard of work as set forth
in this Agreement.
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Consultant shall perform services in addition to those specified in the
Scope of Services when directed to do so by the Contract Officer, provided that
Consultant shall not be required to perform any additional services without
compensation. Any addition in compensation not exceeding five percent (5%) of
the Contract Sum may be approved by the Contract Officer. Any greater increase
must be approved by the City Council.
1.7 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the
"Special Requirements"). In the event of a conflict between the provisions of the
Special Requirements and any other provisions of this Agreement, the provisions of
the Special Requirements shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of
Compensation") at a flat rate $ per hour for construction inspection services.
TOTAL NOT TO EXCEED
($) (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
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methods as may be specified in the Schedule of Compensation. Compensation
may include reimbursement for actual and necessary expenditures for reproduction
costs, transportation expense, telephone expense, and similar costs and expenses
when and if specified in the Schedule of Compensation.
2.2 Method of Payment. Any month in which Consultant wishes to
receive payment, Consultant shall submit to City no later than the tenth (10th)
working day of such month, in the form approved by City's Finance Director, an
invoice for services rendered prior to the date of the invoice. Such invoice shall (1)
describe in detail the services provided, including time and materials, and (2)
specify each staff member who has provided services and the number of hours
assigned to each such staff member. Such invoice shall contain a certification by a
principal member of Consultant specifying that the payment requested is for work
performed in accordance with the terms of this Agreement. City will pay
Consultant for all expenses stated thereon which are approved by City pursuant to
this Agreement no later than thirty (30) days after invoices are received by the
City's Finance Department.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in
Exhibit "C" (the "Schedule of Performance"). Extensions to the time period
specified in the Schedule of Performance may be approved in writing by the
Contract Officer.
3.3 Force Majeure. The time period specified in the Schedule of Performance
for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control
and without the fault or negligence of Consultant, including, but not restricted to,
acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargoes, acts of any governmental agency
other than City, and unusually severe weather, if Consultant shall within ten (10)
days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the
extent of delay, and extend the time for performing the services for the period of
the forced delay when and if in his or her judgment such delay is justified, and the
Contract Officer's determination shall be final and conclusive upon the parties to
this Agreement.
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3.4 Term. The term of this agreement shall commence on August 5, 2010
and terminate on August 4, 2012 (initial term). This agreement may be extended
for two (2) additional 1-year terms upon mutual agreement by both parties
(extended terms)• Unless earlier terminated in accordance with Sections 7.7 or 7.8
of this Agreement, this Agreement shall continue in full force and effect until
completion of the services, except as otherwise provided in the Schedule of
Performance.
4.0 COORDINATION OF WORK
4.1 Representative of Consultant. The following principals of Consultant are
hereby designated as being the principals and representatives of Consultant
authorized to act in its behalf with respect to the work specified herein and make
all decisions in connection therewith:
a.
b.
C.
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing principals were a substantial inducement for City to
enter into this Agreement. Therefore, the foregoing principals shall be responsible
during the term of this Agreement for directing all activities of Consultant and
devoting sufficient time to personally supervise the services hereunder.
The foregoing principals may not be changed by Consultant and no other
personnel may be assigned to perform the service required hereunder without the
express written approval of City.
4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson,
Public Works Director/City Engineer or such other person as may be designated by
the City Manager of City. It shall be Consultant's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the
services and Consultant shall refer any decisions, which must be made by City to
the Contract Officer. Unless otherwise specified herein, any approval of City
required hereunder shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees
were a substantial inducement for City to enter into this Agreement. Except as set
forth in this Agreement, Consultant shall not contract with any other entity to
perform in whole or in part the services required hereunder without the express
written approval of City. In addition, neither this Agreement nor any interest herein
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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 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.
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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
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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.
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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, 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.
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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
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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.
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17. The provisions of any workers' compensation or similar act will not
limit the obligations of Consultant under this agreement. Consultant expressly
agrees not to use any statutory immunity defenses under such laws with respect to
City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or
insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and
distinct from any other provision in this agreement and are intended by the parties
here to be interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge
City or Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums or
other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this agreement. City
assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve City.
6.0 RECORDS AND REPORTS.
6.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning Consultant's performance of the services required
by this Agreement as the Contract Officer shall require.
6.2 Records. Consultant shall keep such books and records as shall be
necessary to perform the services required by this Agreement and enable the
Contract Officer to evaluate the cost and the performance of such services. Books
and records pertaining to costs shall be kept and prepared in accordance with
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generally accepted accounting principals. The Contract Officer shall have full and
free access to such books and records at all reasonable times, including the right to
inspect, copy, audit, and make records and transcripts from such records.
6.3 Ownership of Documents. Originals of all drawings, specifications,
reports, records, documents and other materials, whether in hard copy or electronic
form, which are prepared by Consultant, its employees, subcontractors and agents
in the performance of this Agreement, shall be the property of City and shall be
delivered to City upon termination of this Agreement or upon the earlier request of
the Contract Officer, and Consultant shall have no claim for further employment or
additional compensation as a result of the exercise by City of its full rights of
ownership of the documents and materials hereunder. Consultant shall cause all
subcontractors to assign to City any documents or materials prepared by them, and
in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages suffered thereby.
In the event City or any person, firm or corporation authorized by City reuses
said documents and materials without written verification or adaptation by
Consultant for the specific purpose intended and causes to be made or makes any
changes or alterations in said documents and materials, City hereby releases,
discharges, and exonerates Consultant from liability resulting from said change.
The provisions of this clause shall survive the completion of this Contract and shall
thereafter remain in full force and effect.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of
services under this Agreement shall not be released publicly without the prior
written approval of the Contract Officer or as required by law. Consultant shall not
disclose to any other entity or person any information regarding the activities of
City, except as required by law or as authorized by City.
7.0 ENFORCEMENT OF AGREEMENT.
7.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising
out of or in relation to this Agreement shall be instituted in the Superior Court of
the County of Riverside, State of California, or any other appropriate court in such
county, and Consultant covenants and agrees to submit to the personal jurisdiction
of such court in the event of such action.
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
a ' 135
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 7.7.
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, 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
�. 136
immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Consultant shall be entitled to compensation for
all services rendered prior to receipt of the notice of termination and for any
services authorized by the Contract Officer thereafter in accordance with the
Schedule of Compensation or such as may be approved by the Contract Officer,
except as provided in Section 7.3.
7.8 Termination for Default of Consultant. If termination is due to the failure
of Consultant to fulfill its obligations under this Agreement, City may, after
compliance with the provisions of Section 7.2, take over work and prosecute the
same to completion by contract or otherwise, and Consultant shall be liable to the
extent that the total cost for completion of the services required hereunder exceeds
the compensation herein stipulated (provided that City shall use reasonable efforts
to mitigate such damages), and City may withhold any payments to Consultant for
the purpose of setoff or partial payment of the amounts owed City as previously
stated in Section 7.3.
7.9 Attorneys' Fees. If either party commences an action against the other
party arising out of or in connection with this Agreement, the prevailing party shall
be entitled to recover reasonable attorneys' fees and costs of suit from the losing
party.
8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
8.1 Non -liability of City Officers and Employees. No officer or employee of
City shall be personally liable to Consultant, or any successor in interest, in the
event or any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this
Agreement.
8.2 Conflict of Interest. No officer or employee of City shall have any
personal interest, direct or indirect, in this Agreement nor shall any such officer or
employee participate in any decision relating to the Agreement which affects his or
her personal interest or the interest of any corporation, partnership or association in
which she or he is, directly or indirectly, interested, in violation of any State statute
or regulation. Consultant warrants that it has not paid or given and will not pay or
give any third party any money or general consideration for obtaining this
Agreement.
8.3 Covenant against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them,
that there shall be no discrimination against or segregation of, any person or group
of persons on account of race, color, creed, religion, sex, marital status, national
origin or ancestry in the performance of this Agreement. Consultant shall take
M. ^ 137
affirmative action to insure that applicants are employed and that employees are
treated during employment without regard to their race, color, creed, religion, sex,
marital status, national origin or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give the other party or any other person shall
be in writing and either served personally or sent by prepaid, first-class mail to the
address set forth below. Either party may change its address by notifying the other
party of the change of address in writing. Notice shall be deemed communicated
forty-eight (48) hours from the time of mailing if mailed as provided in this section.
To City: To Consultant:
CITY OF LA QUINTA
Attention: Thomas P. Genovese
City Manager
78-495 Calle Tampico
P.O. Box 1504
La Quinta, California 92247-1504
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.
re n 138
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA a California municipal corporation
Thomas P. Genovese, City Manager
ATTEST:
Veronica J. Montecino, CMC, City Clerk
APPROVED AS TO FORM:
M. Katherine Jenson, City Attorney
CONSULTANT:
By:
Name:-
Title: -
Date:
Date
0 139
Exhibit A
Scope of Services
The Consultant shall provide services as follows:
3. CONSTRUCTION INSPECTOR — provide qualified technical field
representative to monitor the construction of a variety of public works
capital improvement and private development construction projects. Must
be able to work evening/night shifts as necessary to provide coverage
4. Prepare and track project schedules as directed by the City.
5. As directed by the City, prepare necessary correspondence, reports, and
memos necessary to administer various City capital improvement projects
and/or private development projects.
6. Observe, photograph, document and report on project progress, daily
construction activities, assume the City's role and act as the City's agent
with contractors, developers, other outside agencies and with City
contracted technical consultants.
Exhibit B
Schedule of Compensation
Payment shall be on a "Fixed Fee" basis in accordance with the Consultants
Schedule of Compensation attached herewith for the work tasks performed in
conformance with Section 2.2 of the Agreement. Total compensation for all work
under this contract shall not exceed
($ ) except as specified in Section 1.6 - Additional Services of the
Agreement. The agreed upon hourly rate for qualified construction inspection
personnel provided by the consultant shall be $ per hour flat rate for
Construction Inspection Services for all time periods. The City shall not pay any
additional hourly wage for hours worked over 8 hours per day nor over 40 hours
per week. Compensable time shall begin when the inspector arrives at the
designated work site and shall end when the inspector leaves the designated work
site to commute or stops conducting business associated to the City.
a ^ 141
Exhibit C
Schedule of Performance
Consultants Project Schedule shall provide services on a full-time basis for
twenty-four (24) months beginning September 7, 2010 through September 7,
2012 (initial term), and upon mutual agreement by both parties, the term of this
agreement may be extended for up to two (2) additional 1-year terms (extended
terms).
p ^ 142
Exhibit D
Special Requirements
AT NO ADDITIONAL COST TO THE CITY:
1. The consultant shall provide a cellular telephone and service
compatible with the City's cellular phone service for each inspector
assigned to the City.
2. The consultant shall provide a hand held digital "smart level", one for
each inspector, calibrated for use in the performance of the
inspector's duties to determine percent of slope of inspected
horizontal surfaces for compliance with various design guidelines.
3. The consultant shall provide each inspector a "digital" camera for daily
photographic documentation. The City shall provide the necessary
means of printing and downloading of digital photos for archive
purposes. Said camera shall have "date back" capability and of
sufficient mega pixel resolution to review relevant details of the work
inspected.
4. The consultant shall provide each inspector with a hand held digital
weather monitoring device. The device shall provide site -specific data
of wind speed, ambient temperature and relative humidity, all data to
be recorded in inspector's daily report.
5. The consultant shall insure that each inspector has successfully
completed the "Coachella Valley Fugitive Dust Control Class" provided
by the South Coast Air Quality Monitoring District and renewed every
two years.
6. The consultant shall provide his or her own transportation to and from
the designated works site.
AT NO ADDITIONAL COST TO THE CONSULTANT:
7. The City shall make available office equipment (i.e. fax, copier, land -
based telephone service) for use by consultant's inspectors in carrying out
City business under this agreement.
^ 143
ceitit 4 4 QU&M
AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: July 6, 2010
BUSINESS SESSION:
ITEM TITLE: Approval to Distribute a Request for
Proposal to Obtain Construction Surveying Services CONSENT CALENDAR: A
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Approve and authorize staff to distribute a Request for Proposal (RFP) to obtain
construction surveying services.
FISCAL IMPLICATIONS:
None at this time. Agreement for services from successful responder will be brought
back to City Council for approval at a future date.
Funding for construction surveying services is included in the Fiscal Year 2010-201 1
CIP budget.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The City's construction inspection process requires construction surveying services for
capital improvement projects. Costs for construction surveying services are included
within each project's budget in the Capital Improvement Program (CIP). The City has
an existing Professional Services Agreement (PSA) with Tri-State Land Surveyors for
construction surveying services that expires on August 4, 2010.
Staff has prepared an RFP to obtain construction surveying services, which includes a
sample of the PSA (Attachment 1). The PSA calls for an initial 2-year term of August
5, 2010 through August 4, 2012, with an option for up to two (2) 1-year extended
terms upon mutual agreement by both parties.
j it
The consultant selection process outlined within City Resolution No. 2005-096,
adopted December 6, 2005, shall be followed. In accordance with Resolution 2005-
096, the guidelines for major services will be followed as the estimated cost may
exceed $50,000.
The City Manager intends to appoint a consultant selection committee consisting of
the following members: Tim Jonasson, P.E., Public Works Director/City Engineer,
Bryan McKinney, Engineering Services/CIP, Principal Engineer, and Leonard St. Sauver,
Public Works Inspection Supervisor. If the City Council wishes to appoint a different
committee, the committee would be subject to the Brown Act unless the committee
consists solely of two council members.
If approved by City Council, the schedule will be as follows:
July 7, 2010
RFP Distributed
July 30, 2010
Proposals Due on/before 5:00 p.m.
August, 2010
Selection Committee Reviews Proposals
September, 2010
Negotiations with Top Ranked Proposer
September 21, 2010
City Council Awards PSA
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve and authorize staff to distribute the RFP to obtain construction
surveying services; or
2. Do not approve and authorize staff to distribute the RFP to obtain construction
surveying services; or
3. Provide staff with alternative direction.
Respectfully submitted,
6othy R. o ass
Public Works Direc r/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
1. 145
Attachment: 1 . Request for Proposal and sample professional services
agreement for construction surveying services
I.," 146
ATTACHMENT
Request for Proposals (RFP) to Provide
Construction Surveying Services
The Consultant shall provide services as follows:
1. CONSTRUCTION SURVEYING SERVICES — Services and products to be
rendered in performing all work associated with this agreement may include, but
are not limited to, the consultant shall be required to provide one (1) set of
construction stakes for each of the following items as detailed:
a. Survey Control — will be sufficiently marked and will be preserved
and protected, monuments protected or replaced as needed.
b. Clearing/Removals — one set of reference stakes or marks at 200 foot
intervals on tangent line and 100 foot on curves will be set along the
limits of the construction area or Right -of -Way for clearing purposes.
C. Rough Grade — (A) one set of grid stakes at 50 foot intervals. Stakes
will indicate cut or fill to finish grad as shown on approved mass
grading plan. (B) one set of stakes at 25 foot intervals and all angle
points with appropriate cut or fill. (C) provide one set of offset
stakes for sidewalks at 25 foot intervals, grade breaks and angle
points with cut or fill to finish surface.
d. Finish Grade — (A) Provide one set of stakes to delineate at 25 foot
intervals and all angle points with appropriate cut or fill. (B) Provide
one set of offset stakes for sidewalk at 25 foot intervals, grade
breaks and angle points with grades to finish surface. (C) Provide
one Blue Top for building pad. Stake to be set at pad grade. (D) Pad
Certifications — prior to construction of improvements, provide
inspection services necessary to provide certification of pad grade as
shown on the approved grading plan.
e. Retaining/Garden Wall — Provide one (1) set of offset, line and grade
stakes for wall construction set at 50 foot intervals with appropriate
cut or fill to top of footing.
f. Bridge Structures — Provide one set of stakes for foundation layout
and deck grades.
g. Entrance Structures — Provide one set of stakes with appropriate cut
or fill for the construction of entrance structures.
147
h. Building Foundations — Provide one set of stakes at an offset of
10'x10' to the building corners, one stale per corner with grades to
the finish pad.
Water, Sewer, Storm Drain, or Irrigation Lines — Provide one set of
offset stakes at 50 foot intervals with grades to finish surface.
Drainage Boxes — Provide one set of stakes at a 5 foot offset to
centerline of box with grades to top of grate.
k. Tree Locations — Provide one stake at centerline of each tree
location.
Protect Administration — The Engineer of Work shall be available
during the length of the project to address any questions or concerns
which may arise. Three (3) sets of Grade Sheets shall be prepared
and submitted to the City of La Quinta within 48 hours of receipt of
the "Staking Request" for the said work.
M. Office Calculations — Calculations as necessary to provide the field
survey crews with data as needed for staking and supervision as
required.
1 . Proposal Format
Proposals (work proposal and cost proposal) are to be submitted in separate
envelopes clearly marked with the consultant's name, address and phone
number Only one proposal per consultant will be considered.
Proposal packages are to be submitted to the City on/before 5:00 P.M. Friday,
August 6, 2010. Proposals received after the stated deadline shall not be
accepted. Proposal packages are to be delivered to:
Bryan McKinney, Principal Engineer, Engineering Services Division
City of La Quinta Public Works Department
78-495 Calle Tampico, P.O. Box 1504, La Quinta, CA 92247
3. Selection Process
Work Programs will be reviewed by a Selection Committee. The Committee will
rank the consultants for contract negotiations based upon the materials
submitted within the Work Proposal. The Selection Committee may chose to
interview two or more closely ranked firms, but will not expect or schedule time
for elaborate presentations. Cost proposals will be opened only after the
ranking process is complete. Contractors are encouraged to keep their
proposals brief and relevant to the specific work required. The City will open
contract negotiations with the top ranked firm. The successful consultant will
be expected to enter into the attached Professional Services Agreement (PSA).
Proposals shall include the following items:
A. Work Proposal (envelope 1) — submit 4 copies
1. Cover Letter
(1) The name, address and phone number of the consultant's contact
person for the remainder of the selection process.
(2) Any qualifying statements or comments regarding the consultant's
proposal, the information provided in the RFP, or the proposed
Professional Services Agreement.
(3) Identification of sub -contractors and their responsibilities.
2. Statement of Qualifications
(1) A listing of proposed project personnel, including personal
experiences and individual resumes for prime consultants and sub-
contractors.
(2) Consultant's and sub -contractor experience with similar work,
including names and current phone numbers of references for
existing and past clients.
3. Project Understanding and Approach
A description of your project understanding and how you will approach
the project.
4. Cost Proposal (envelope 2) — 1 copy
The Consultant is to submit a detailed cost proposal for all services and
materials anticipated in completing the project.
149
CITY OF LA QUINTA, CA
REQUEST FOR PROPOSAL (RFP)
COST PROPOSAL SHEET
The following is a summary of costs to provide the services outlined in the Request
for Proposal (RFP) for Construction Surveying Services and will be used as the
basis for negotiating a Professional Services Agreement (PSA):
Item
Description
Unit
Est. Quantity
Unit Cost
Extended Cost
$
$
Prime Consultant:
Date Signed:
1.50
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement') is made
and entered into by and between the CITY OF LA QUINTA, ("City"), a California
municipal corporation, and ("Consultant"). The parties
hereto agree as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services related to Construction
Surveying 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).
151
1.5 Care of Work and Standard of Work.
a. Care of Work. Consultant shall adopt reasonable methods during the life
of the Agreement to furnish continuous protection to the work performed by
Consultant, and the equipment, materials, papers and other components thereof to
prevent losses or damages, and shall be responsible for all such damages, to
persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City's own negligence. The performance of
services by Consultant shall not relieve Consultant from any obligation to correct
any incomplete, inaccurate or defective work at no further cost to City, when such
inaccuracies are due to the negligence of Consultant.
b. Standard of Work. Consultant acknowledges and understands that the
services and work contracted for under this Agreement require specialized skills
and abilities and that, consistent with this understanding, Consultant's services and
work will be held to a heightened standard of quality and workmanship. Consistent
with Section 1.4 hereinabove, Consultant represents to City that it holds the
necessary skills and abilities to satisfy the heightened standard of work as set forth
in this Agreement.
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Consultant shall perform services in addition to those specified in the
Scope of Services when directed to do so by the Contract Officer, provided that
Consultant shall not be required to perform any additional services without
compensation. Any addition in compensation not exceeding five percent (5%) of
the Contract Sum may be approved by the Contract Officer. Any greater increase
must be approved by the City Council.
1.7 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the
"Special Requirements"). In the event of a conflict between the provisions of the
Special Requirements and any other provisions of this Agreement, the provisions of
the Special Requirements shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of
Compensation") TOTAL NOT TO EXCEED
($ ) (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
.. el3.52
methods as may be specified in the Schedule of Compensation. Compensation
may include reimbursement for actual and necessary expenditures for reproduction
costs, transportation expense, telephone expense, and similar costs and expenses
when and if specified in the Schedule of Compensation.
2.2 Method of Payment. Any month in which Consultant wishes to
receive payment, Consultant shall submit to City no later than the tenth (10th)
working day of such month, in the form approved by City's Finance Director, an
invoice for services rendered prior to the date of the invoice. Such invoice shall (1)
describe in detail the services provided, including time and materials, and (2)
specify each staff member who has provided services and the number of hours
assigned to each such staff member. Such invoice shall contain a certification by a
principal member of Consultant specifying that the payment requested is for work
performed in accordance with the terms of this Agreement. City will pay
Consultant for all expenses stated thereon which are approved by City pursuant to
this Agreement no later than thirty (30) days after invoices are received by the
City's Finance Department.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in
Exhibit "C" (the "Schedule of Performance"). Extensions to the time period
specified in the Schedule of Performance may be approved in writing by the
Contract Officer.
3.3 Force Majeure. The time period specified in the Schedule of Performance
for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control
and without the fault or negligence of Consultant, including, but not restricted to,
acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargoes, acts of any governmental agency
other than City, and unusually severe weather, if Consultant shall within ten (10)
days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the
extent of delay, and extend the time for performing the services for the period of
the forced delay when and if in his or her judgment such delay is justified, and the
Contract Officer's determination shall be final and conclusive upon the parties to
this Agreement.
.• r 153
3.4 Term. The term of this agreement shall commence on August 5, 2010
and terminate on August 4, 2012 (initial term)• This agreement may be extended
for two (2) additional 1-year terms upon mutual agreement by both parties
(extended terms). Unless earlier terminated in accordance with Sections 7.7 or 7.8
of this Agreement, this Agreement shall continue in full force and effect until
completion of the services, except as otherwise provided in the Schedule of
Performance.
4.0 COORDINATION OF WORK
4.1 Representative of Consultant. The following principals of Consultant are
hereby designated as being the principals and representatives of Consultant
authorized to act in its behalf with respect to the work specified herein and make
all decisions in connection therewith:
a.
b.
G.
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing principals were a substantial inducement for City to
enter into this Agreement. Therefore, the foregoing principals shall be responsible
during the term of this Agreement for directing all activities of Consultant and
devoting sufficient time to personally supervise the services hereunder.
The foregoing principals may not be changed by Consultant and no other
personnel may be assigned to perform the service required hereunder without the
express written approval of City.
4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson,
Public Works Director/City Engineer or such other person as may be designated by
the City Manager of City. It shall be Consultant's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the
services and Consultant shall refer any decisions, which must be made by City to
the Contract Officer. Unless otherwise specified herein, any approval of City
required hereunder shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees
were a substantial inducement for City to enter into this Agreement. Except as set
forth in this Agreement, Consultant shall not contract with any other entity to
perform in whole or in part the services required hereunder without the express
written approval of City. In addition, neither this Agreement nor any interest herein
.. ' 1.54
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 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)
155
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.
.. ^ 1.56
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
.. r. 157
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.
•• r.1.53
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, 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.
., r,159
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
1.
160
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.
' 1.61
17. The provisions of any workers' compensation or similar act will not
limit the obligations of Consultant under this agreement. Consultant expressly
agrees not to use any statutory immunity defenses under such laws with respect to
City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or
insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and
distinct from any other provision in this agreement and are intended by the parties
here to be interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge
City or Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums or
other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this agreement. City
assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve City.
6.0 RECORDS AND REPORTS.
6.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning Consultant's performance of the services required
by this Agreement as the Contract Officer shall require.
6.2 Records. Consultant shall keep such books and records as shall be
necessary to perform the services required by this Agreement and enable the
Contract Officer to evaluate the cost and the performance of such services. Books
and records pertaining to costs shall be kept and prepared in accordance with
r. 162
generally accepted accounting principals. The Contract Officer shall have full and
free access to such books and records at all reasonable times, including the right to
inspect, copy, audit, and make records and transcripts from such records.
6.3 Ownership of Documents. Originals of all drawings, specifications,
reports, records, documents and other materials, whether in hard copy or electronic
form, which are prepared by Consultant, its employees, subcontractors and agents
in the performance of this Agreement, shall be the property of City and shall be
delivered to City upon termination of this Agreement or upon the earlier request of
the Contract Officer, and Consultant shall have no claim for further employment or
additional compensation as a result of the exercise by City of its full rights of
ownership of the documents and materials hereunder. Consultant shall cause all
subcontractors to assign to City any documents or materials prepared by them, and
in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages suffered thereby.
In the event City or any person, firm or corporation authorized by City reuses
said documents and materials without written verification or adaptation by
Consultant for the specific purpose intended and causes to be made or makes any
changes or alterations in said documents and materials, City hereby releases,
discharges, and exonerates Consultant from liability resulting from said change.
The provisions of this clause shall survive the completion of this Contract and shall
thereafter remain in full force and effect.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of
services under this Agreement shall not be released publicly without the prior
written approval of the Contract Officer or as required by law. Consultant shall not
disclose to any other entity or person any information regarding the activities of
City, except as required by law or as authorized by City.
7.0 ENFORCEMENT OF AGREEMENT.
7.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising
out of or in relation to this Agreement shall be instituted in the Superior Court of
the County of Riverside, State of California, or any other appropriate court in such
county, and Consultant covenants and agrees to submit to the personal jurisdiction
of such court in the event of such action.
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
.. " 163
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 7.7.
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, 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
^ 164
immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Consultant shall be entitled to compensation for
all services rendered prior to receipt of the notice of termination and for any
services authorized by the Contract Officer thereafter in accordance with the
Schedule of Compensation or such as may be approved by the Contract Officer,
except as provided in Section 7.3.
7.8 Termination for Default of Consultant. If termination is due to the failure
of Consultant to fulfill its obligations under this Agreement, City may, after
compliance with the provisions of Section 7.2, take over work and prosecute the
same to completion by contract or otherwise, and Consultant shall be liable to the
extent that the total cost for completion of the services required hereunder exceeds
the compensation herein stipulated (provided that City shall use reasonable efforts
to mitigate such damages), and City may withhold any payments to Consultant for
the purpose of setoff or partial payment of the amounts owed City as previously
stated in Section 7.3.
7.9 Attorneys' Fees. If either party commences an action against the other
party arising out of or in connection with this Agreement, the prevailing party shall
be entitled to recover reasonable attorneys' fees and costs of suit from the losing
party.
8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
8.1 Non -liability of City Officers and Employees. No officer or employee of
City shall be personally liable to Consultant, or any successor in interest, in the
event or any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this
Agreement.
8.2 Conflict of Interest. No officer or employee of City shall have any
personal interest, direct or indirect, in this Agreement nor shall any such officer or
employee participate in any decision relating to the Agreement which affects his or
her personal interest or the interest of any corporation, partnership or association in
which she or he is, directly or indirectly, interested, in violation of any State statute
or regulation. Consultant warrants that it has not paid or given and will not pay or
give any third party any money or general consideration for obtaining this
Agreement.
8.3 Covenant against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them,
that there shall be no discrimination against or segregation of, any person or group
of persons on account of race, color, creed, religion, sex, marital status, national
origin or ancestry in the performance of this Agreement. Consultant shall take
165
affirmative action to insure that applicants are employed and that employees are
treated during employment without regard to their race, color, creed, religion, sex,
marital status, national origin or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give the other party or any other person shall
be in writing and either served personally or sent by prepaid, first-class mail to the
address set forth below. Either party may change its address by notifying the other
party of the change of address in writing. Notice shall be deemed communicated
forty-eight (48) hours from the time of mailing if mailed as provided in this section.
To City: To Consultant:
CITY OF LA QUINTA
Attention: Thomas P. Genovese
City Manager
78-495 Calle Tampico
P.O. Box 1504
La Quinta, California 92247-1504
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.
1.66
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA a California municipal corporation
Thomas P. Genovese, City Manager Date
ATTEST:
Veronica J. Montecino, CIVIC, City Clerk
APPROVED AS TO FORM:
M. Katherine Jenson, City Attorney
CONSULTANT:
By:
Name:
Title:
.• 1 167
Exhibit A
Scope of Services
The Consultant shall provide services as follows:
1. CONSTRUCTION SURVEYING SERVICES — Services and products to be
rendered in performing all work associated with this agreement may include, but
are not limited to, the consultant shall be required to provide one (1) set of
construction stakes for each of the following items as detailed:
n. Survey Control — will be sufficiently marked and will be preserved
and protected, monuments protected or replaced as needed.
o. Clearing/Removals — one set of reference stakes or marks at 200 foot
intervals on tangent line and 100 foot on curves will be set along the
limits of the construction area or Right -of -Way for clearing purposes.
P. Rough Grade — (A) one set of grid stakes at 50 foot intervals. Stakes
will indicate cut or fill to finish grad as shown on approved mass
grading plan. (B) one set of stakes at 25 foot intervals and all angle
points with appropriate cut or fill. (C) provide one set of offset
stakes for sidewalks at 25 foot intervals, grade breaks and angle
points with cut or fill to finish surface.
q. Finish Grade — (A) Provide one set of stakes to delineate at 25 foot
intervals and all angle points with appropriate cut or fill. (B) Provide
one set of offset stakes for sidewalk at 25 foot intervals, grade
breaks and angle points with grades to finish surface. (C) Provide
one Blue Top for building pad. Stake to be set at pad grade. (D) Pad
Certifications — prior to construction of improvements, provide
inspection services necessary to provide certification of pad grade as
shown on the approved grading plan.
r. Retaining/Garden Wall — Provide one (1) set of offset, line and grade
stakes for wall construction set at 50 foot intervals with appropriate
cut or fill to top of footing.
S. Bridge Structures — Provide one set of stakes for foundation layout
and deck grades.
t. Entrance Structures — Provide one set of stakes with appropriate cut
or fill for the construction of entrance structures.
.. r.1.68
U. Building Foundations — Provide one set of stakes at an offset of
10'x10' to the building corners, one stale per corner with grades to
the finish pad.
V. Water, Sewer, Storm Drain, or Irrigation Lines — Provide one set of
offset stakes at 50 foot intervals with grades to finish surface.
W. Drainage Boxes — Provide one set of stakes at a 5 foot offset to
centerline of box with grades to.top of grate.
X. Tree Locations — Provide one stake at centerline of each tree
location.
Y. Protect Administration — The Engineer of Work shall be available
during the length of the project to address any questions or concerns
which may arise. Three (3) sets of Grade Sheets shall be prepared
and submitted to the City of La Quinta within 48 hours of receipt of
the "Staking Request" for the said work.
Z. Office Calculations — Calculations as necessary to provide the field
survey crews with data as needed for staking and supervision as
required.
Prevailing Wage — In accordance with Seciton 1770 of the Labor Code, the
City has ascertained and does hereby specify that the prevailing wage rates
shall be those provided in Article 1110-20.0, WAGE RATES. The said rates
shall include all employer payments that are required by Section 1773.1 of the
Labor Code. The City will furnish to the Contractor, upon request, a copy of
such prevailing wage rages.
r 169
Exhibit B
Schedule of Compensation
Payment shall be on a "Fixed Fee" basis in accordance with the Consultants
Schedule of Compensation attached herewith for the work tasks performed in
conformance with Section 2.2 of the Agreement. Total compensation for all work
under this contract shall not exceed
($ 1 except as specified in Section 1.6 - Additional Services of the
Agreement.
1.70
Exhibit C
Schedule of Performance
Consultants Project Schedule shall provide services for an initial term of
twenty-four (24) months beginning September 7, 2010 through September 7,
2012 (initial term), and upon mutual agreement by both parties, the term of this
agreement may be extended for up to two (2) additional 1-year terms (extended
terms).
171
Exhibit D
Special Requirements
AT NO ADDITIONAL COST TO THE CITY:
1. The consultant shall provide a cellular telephone and service
compatible with the City's cellular phone service.
2. The consultant shall provide his or her own transportation to and from
the designated works site.
3. The Consultant shall respond to the job site for surveying services
within 24 hours and shall provide any/all written materials to City
within 48 hours of completing the survey work.
4. The Consultant shall provide all necessary survey equipment to its
survey crew to provide digital measurement and recordation of line,
grade, and angle measurements.
5. Upon request these data files will be made available to the City at no
additional cost.
' 172
4
COUNCIL/RDA MEETING DATE: July 6, 2010
AGENDA CATEGORY:
BUSINESS SESSION:
ITEM TITLE: Approval to Distribute a Request for CONSENT CALENDAR:
Proposal to Obtain Materials Testing Services
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Approve and authorize staff to distribute a Request for Proposal (RFP) to obtain
materials testing services.
FISCAL IMPLICATIONS:
None at this time. Agreement for services from successful responder will be brought
back to City Council for approval at a future date.
Funding for material testing services is included in the Fiscal Year 2010-2011 CIP
budget.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The City's construction inspection process requires professional materials testing
services for both private development and capital improvement projects. Costs for
materials testing services are paid through development fees or are included within
each project's budget within the Capital Improvement Program (CIP). The City has an
existing Professional Services Agreement (PSA) with Landmark Geo-Engineers &
Geologists for materials testing services that expire on August 4, 2010.
r.
S
113
Staff has prepared an RFP to obtain materials testing services, which includes a
sample of the PSA (Attachment 1). The PSA calls for an initial 2-year term of August
5, 2010 through August 4, 2012, with an option for up to two (2) 1-year extended
terms upon mutual agreement by both parties.
The consultant selection process outlined within City Resolution No. 2005-096,
adopted December 6, 2005, shall be followed. In accordance with Resolution 2005-
096, the guidelines for major services will be followed as the estimated cost may
exceed $50,000.
The City Manager intends to appoint a consultant selection committee consisting of
the following members: Tim Jonasson, P.E., Public Works Director/City Engineer,
Bryan McKinney, Engineering Services/CIP, Principal Engineer, and Leonard St. Sauver,
Public Works Inspection Supervisor. If the City Council wishes to appoint a different
committee, the committee would be subject to the Brown Act unless the committee
consists solely of two council members.
If approved by City Council, the schedule will be as follows:
July 7, 2010
RFP Distributed
July 30, 2010
Proposals Due on/before 5:00 p.m.
August, 2010
Selection Committee Reviews Proposals
September, 2010
Negotiations with Top Ranked Proposer
September 21, 2010
City Council Awards PSA
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve and authorize staff to distribute the RFP to obtain materials testing
services; or
2. Do not approve and authorize staff to distribute the RFP to obtain materials
testing services; or
3. Provide staff with alternative direction.
Respectfully submitted,
mothy R. onas o , P.E.
Public Wor<s Dire Or/City Engineer
•. 1 174
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Request for Proposal and sample Professional Services
Agreement for Materials Testing Services
175
ATTACHMENT 1
Request for Proposals (RFP) to Provide
Material Testing Services
1. Consultant shall provide equipment, services and products to be rendered in
performing all designated work associated with the project which may
include, but are not limited to, performing the following intermittent
observation and testing services:
• Provide a qualified technician as necessary to conduct density tests on
roadway sub -grade, aggregate base, asphaltic concrete, slope fill and
trench backfill placement as required. The tests will be performed with
a nuclear densometer in accordance with ASTM D2922 or sand cone in
accordance with ASTM D1556. Maximum density curves (ASTM
D1557) will be performed on various material types as they are
encountered. Marshall density tests on the asphaltic concrete.
• Provide an ACI-certified technician as necessary to make sets of
concrete cylinders as needed and perform slump tests for the curb,
gutter, concrete dip section, and other minor concrete.
• Provide a Caltrans certified technician and laboratory to perform tests
on federally funded projects.
• Perform compression strength tests in accordance with ASTM C39.
• Perform extraction/gradation tests in accordance with ASTM
D2172/C136 on the asphaltic concrete.
• Perform R Value Testing of street subgrade and recommend a pavement
section based on the results of the test.
• Reporting of any Non -Compliance results of materials to the City within
twenty-four (24) hours from the time of sampling.
2. Proposal Format
Proposals (work proposal and cost proposal) are to be submitted in separate
envelopes clearly marked with the consultant's name, address and phone
number Only one proposal per consultant will be considered.
Proposal packages are to be submitted to the City on/before 5:00 P.M. Friday,
August 6, 2010. Proposals received after the stated deadline shall not be
accepted. Proposal packages are to be delivered to:
.. " 1.76
Bryan McKinney, Principal Engineer, Engineering Services Division
City of La Quinta Public Works Department
78-495 Calle Tampico, P.O. Box 1504, La Quinta, CA 92247
3. Selection Process
Work Programs will be reviewed by a Selection Committee. The Committee will
rank the consultants for contract negotiations based upon the materials
submitted within the Work Proposal. The Selection Committee may chose to
interview two or more closely ranked firms, but will not expect or schedule time
for elaborate presentations. Cost proposals will be opened only after the
ranking process is complete. Contractors are encouraged to keep their
proposals brief and relevant to the specific work required. The City will open
contract negotiations with the top ranked firm. The successful consultant will
be expected to enter into the attached Professional Services Agreement (PSA).
Proposals shall include the following items:
A. Work Proposal (envelope 1) — submit 4 copies
1 . Cover Letter
(1) The name, address and phone number of the consultant's contact
person for the remainder of the selection process.
(2) Any qualifying statements or comments regarding the consultant's
proposal, the information provided in the RFP, or the proposed
Professional Services Agreement.
(3) Identification of sub -contractors and their responsibilities.
2. Statement of Qualifications
(1) A listing of proposed project personnel, including personal
experiences and individual resumes for prime consultants and sub-
contractors.
(2) Consultant's and sub -contractor experience with similar work,
including names and current phone numbers of references for
existing and past clients.
3. Project Understanding and Approach
A description of your project understanding and how you will approach
the project.
4. Cost Proposal (envelope 2) — 1 copy
The Consultant is to submit a detailed cost proposal for all services and
materials anticipated in completing the project.
CITY OF LA QUINTA, CA
REQUEST FOR PROPOSAL (RFP)
COST PROPOSAL SHEET
The following is a summary of costs to provide the services outlined in the Request
for Proposal (RFP) for Material Testing Services and will be used as the basis for
negotiating a Professional Services Agreement (PSA):
Item
Description
Unit
Est. Quantity
Unit Cost
Extended Cost
$
$
Prime Consultant:
Date Signed:
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made
and entered into by and between the CITY OF LA QUINTA, ("City"), a California
municipal corporation, and ("Consultant"). The parties
hereto agree as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services related to Materials Testing
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).
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1.5 Care of Work and Standard of Work.
a. Care of Work. Consultant shall adopt reasonable methods during the life
of the Agreement to furnish continuous protection to the work performed by
Consultant, and the equipment, materials, papers and other components thereof to
prevent losses or damages, and shall be responsible for all such damages, to
persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City's own negligence. The performance of
services by Consultant shall not relieve Consultant from any obligation to correct
any incomplete, inaccurate or defective work at no further cost to City, when such
inaccuracies are due to the negligence of Consultant.
b. Standard of Work. Consultant acknowledges and understands that the
services and work contracted for under this Agreement require specialized skills
and abilities and that, consistent with this understanding, Consultant's services and
work will be held to a heightened standard of quality and workmanship. Consistent
with Section 1.4 hereinabove, Consultant represents to City that it holds the
necessary skills and abilities to satisfy the heightened standard of work as set forth
in this Agreement.
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Consultant shall perform services in addition to those specified in the
Scope of Services when directed to do so by the Contract Officer, provided that
Consultant shall not be required to perform any additional services without
compensation. Any addition in compensation not exceeding five percent (5%) of
the Contract Sum may be approved by the Contract Officer. Any greater increase
must be approved by the City Council.
1.7 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the
"Special Requirements"). In the event of a conflict between the provisions of the
Special Requirements and any other provisions of this Agreement, the provisions of
the Special Requirements shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of
Compensation"). TOTAL NOT TO EXCEED
($ 1 (the "Contract Sum"), except as provided in Section 1.6. The
method of compensation set forth in the Schedule of Compensation may include a
ISO
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 Consultant specifying that the payment requested is for work
performed in accordance with the terms of this Agreement. City will pay
Consultant for all expenses stated thereon which are approved by City pursuant to
this Agreement no later than thirty (30) days after invoices are received by the
City's Finance Department.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in
Exhibit "C" (the "Schedule of Performance"). Extensions to the time period
specified in the Schedule of Performance may be approved in writing by the
Contract Officer.
3.3 Force Maieure. The time period specified in the Schedule of Performance
for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control
and without the fault or negligence of Consultant, including, but not restricted to,
acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargoes, acts of any governmental agency
other than City, and unusually severe weather, if Consultant shall within ten (10)
days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the
extent of delay, and extend the time for performing the services for the period of
the forced delay when and if in his or her judgment such delay is justified, and the
Contract Officer's determination shall be final and conclusive upon the parties to
this Agreement.
3.4 Term. The term of this agreement shall commence on August 5, 2010
and terminate on August 4, 2012 (initial term). This agreement may be extended
for two (2) additional 1-year terms upon mutual agreement by both parties
(extended terms)• Unless earlier terminated in accordance with Sections 7.7 or 7.8
of this Agreement, this Agreement shall continue in full force and effect until
completion of the services, except as otherwise provided in the Schedule of
Performance.
4.0 COORDINATION OF WORK
4.1 Representative of Consultant. The following principals of Consultant are
hereby designated as being the principals and representatives of Consultant
authorized to act in its behalf with respect to the work specified herein and make
all decisions in connection therewith:
a.
b.
C.
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing principals were a substantial inducement for City to
enter into this Agreement. Therefore, the foregoing principals shall be responsible
during the term of this Agreement for directing all activities of Consultant and
devoting sufficient time to personally supervise the services hereunder.
The foregoing principals may not be changed by Consultant and no other
personnel may be assigned to perform the service required hereunder without the
express written approval of City.
4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson,
Public Works Director/City Engineer or such other person as may be designated by
the City Manager of City. It shall be Consultant's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the
services and Consultant shall refer any decisions, which must be made by City to
the Contract Officer. Unless otherwise specified herein, any approval of City
required hereunder shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees
were a substantial inducement for City to enter into this Agreement. Except as set
forth in this Agreement, Consultant shall not contract with any other entity to
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perform in whole or in part the services required hereunder without the express
written approval of City. In addition, neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior
written approval of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode or means by which Consultant, its agents or
employees, perform the services required herein, except as otherwise set forth.
Consultant shall perform all services required herein as an independent contractor
of City and shall remain at all times as to City a wholly independent contractor with
only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents
or employees of City.
4.5 City Cooperation. City shall provide Consultant with any plans,
publications, reports, statistics, records or other data or information pertinent to
services to be performed hereunder which are reasonably available to Consultant
only from or through action by City.
5.0 INSURANCE 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)
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$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.
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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
185
agreement. In the event Consultant fails to obtain such indemnity obligations from
others as required herein, Consultant agrees to be fully responsible according to the
terms of this section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set
forth herein is binding on the successors, assigns or heirs of Consultant and shall
survive the termination of this agreement or this section.
4. Indemnity Provisions for Contracts Related to Construction.
Without affecting the rights of City under any provision of this agreement,
Consultant shall not be required to indemnify and hold harmless City for liability
attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of
competent jurisdiction. In instances where City is shown to have been actively
negligent and where City's active negligence accounts for only a percentage of the
liability involved, the obligation of Consultant will be for that entire portion or
percentage of liability not attributable to the active negligence of City.
b. Indemnification Provision for Design Professionals.
1. Applicability of Section 5.2(b)• Notwithstanding Section
5.2(a) hereinabove, the following indemnification provision shall apply to
Consultants who constitute "design professionals" as the term is defined in
paragraph 3 below.
2. Scope of Indemnification. To the fullest extent permitted by
law, Consultant shall indemnify, defend, and hold harmless City and City's agents,
officers, officials, employees, representatives, and departments ("Indemnified
Parties") from and against any and all claims, losses, liabilities of every kind, nature
and description, damages, injury (including, without limitation, injury to or death of
an employee of Consultant or subconsultants), costs and expenses of any kind,
whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees
of expert consultants or expert witnesses incurred in connection therewith and
costs of investigation, that arise out of, pertain to, or relate to, directly or
indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of
Consultant, any subconsultant, anyone directly or indirectly employed by them or
anyone that they control.
3. Design Professional Defined. As used in this Section 5.2(b),
the term "design professional" shall be limited to licensed architects, registered
professional engineers, licensed professional land surveyors and landscape
architects, all as defined under current law, and as may be amended from time to
time by Civil Code § 2782.8.
. 1.186
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, 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
.. 1. 188
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.
» 189
17. The provisions of any workers' compensation or similar act will not
limit the obligations of Consultant under this agreement. Consultant expressly
agrees not to use any statutory immunity defenses under such laws with respect to
City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or
insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and
distinct from any other provision in this agreement and are intended by the parties
here to be interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge
City or Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums or
other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this agreement. City
assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve City.
6.0 RECORDS AND REPORTS.
6.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning Consultant's performance of the services required
by this Agreement as the Contract Officer shall require.
6.2 Records. Consultant shall keep such books and records as shall be
necessary to perform the services required by this Agreement and enable the
Contract Officer to evaluate the cost and the performance of such services. Books
and records pertaining to costs shall be kept and prepared in accordance with
190
generally accepted accounting principals. The Contract Officer shall have full and
free access to such books and records at all reasonable times, including the right to
inspect, copy, audit, and make records and transcripts from such records.
6.3 Ownership of Documents. Originals of all drawings, specifications,
reports, records, documents and other materials, whether in hard copy or electronic
form, which are prepared by Consultant, its employees, subcontractors and agents
in the performance of this Agreement, shall be the property of City and shall be
delivered to City upon termination of this Agreement or upon the earlier request of
the Contract Officer, and Consultant shall have no claim for further employment or
additional compensation as a result of the exercise by City of its full rights of
ownership of the documents and materials hereunder. Consultant shall cause all
subcontractors to assign to City any documents or materials prepared by them, and
in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages suffered thereby.
In the event City or any person, firm or corporation authorized by City reuses
said documents and materials without written verification or adaptation by
Consultant for the specific purpose intended and causes to be made or makes any
changes or alterations in said documents and materials, City hereby releases,
discharges, and exonerates Consultant from liability resulting from said change.
The provisions of this clause shall survive the completion of this Contract and shall
thereafter remain in full force and effect.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of
services under this Agreement shall not be released publicly without the prior
written approval of the Contract Officer or as required by law. Consultant shall not
disclose to any other entity or person any information regarding the activities of
City, except as required by law or as authorized by City.
7.0 ENFORCEMENT OF AGREEMENT.
7.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising
out of or in relation to this Agreement shall be instituted in the Superior Court of
the County of Riverside, State of California, or any other appropriate court in such
county, and Consultant covenants and agrees to submit to the personal jurisdiction
of such court in the event of such action.
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
.. ^ 191
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 7.7.
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, 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
.• " 192
immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Consultant shall be entitled to compensation for
all services rendered prior to receipt of the notice of termination and for any
services authorized by the Contract Officer thereafter in accordance with the
Schedule of Compensation or such as may be approved by the Contract Officer,
except as provided in Section 7.3.
7.8 Termination for Default of Consultant. If termination is due to the failure
of Consultant to fulfill its obligations under this Agreement, City may, after
compliance with the provisions of Section 7.2, take over work and prosecute the
same to completion by contract or otherwise, and Consultant shall be liable to the
extent that the total cost for completion of the services required hereunder exceeds
the compensation herein stipulated (provided that City shall use reasonable efforts
to mitigate such damages), and City may withhold any payments to Consultant for
the purpose of setoff or partial payment of the amounts owed City as previously
stated in Section 7.3.
7.9 Attorneys' Fees. If either party commences an action against the other
party arising out of or in connection with this Agreement, the prevailing party shall
be entitled to recover reasonable attorneys' fees and costs of suit from the losing
party.
8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
8.1 Non -liability of City Officers and Employees. No officer or employee of
City shall be personally liable to Consultant, or any successor in interest, in the
event or any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this
Agreement.
8.2 Conflict of Interest. No officer or employee of City shall have any
personal interest, direct or indirect, in this Agreement nor shall any such officer or
employee participate in any decision relating to the Agreement which affects his or
her personal interest or the interest of any corporation, partnership or association in
which she or he is, directly or indirectly, interested, in violation of any State statute
or regulation. Consultant warrants that it has not paid or given and will not pay or
give any third party any money or general consideration for obtaining this
Agreement.
8.3 Covenant against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them,
that there shall be no discrimination against or segregation of, any person or group
of persons on account of race, color, creed, religion, sex, marital status, national
origin or ancestry in the performance of this Agreement. Consultant shall take
^ 193
affirmative action to insure that applicants are employed and that employees are
treated during employment without regard to their race, color, creed, religion, sex,
marital status, national origin or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give the other party or any other person shall
be in writing and either served personally or sent by prepaid, first-class mail to the
address set forth below. Either party may change its address by notifying the other
party of the change of address in writing. Notice shall be deemed communicated
forty-eight (48) hours from the time of mailing if mailed as provided in this section.
To City: To Consultant:
CITY OF LA QUINTA
Attention: Thomas P. Genovese
City Manager
78-495 Calle Tampico
P.O. Box 1504
La Quinta, California 92247-1504
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.
^ 194
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA a California municipal corporation
Thomas P. Genovese, City Manager Date
ATTEST:
Veronica J. Montecino, CMC, City Clerk
APPROVED AS TO FORM:
M. Katherine Jenson, City Attorney
CONSULTANT:
By:
Name:
Title:
,• ^ 195
Exhibit A
Scope of Services
The Consultant shall provide services as follows:
1. MATERIALS TESTING SERVICES
The Consultant will provide equipment, services and products to perform all
designated work associated with the project, which may include, but are not
limited to, performing the following intermittent observation and testing
services:
Provide a qualified technician as necessary to conduct density tests on
roadway sub -grade, aggregate base, asphaltic concrete, slope fill and
trench backfill placement as required. The tests will be performed with
a nuclear densometer in accordance with ASTM D2922 or sand cone in
accordance with ASTM D1556. Maximum density curves (ASTM
D1557) will be performed on various material types as they are
encountered. Marshall density tests on the asphaltic concrete.
Provide an ACI-certified technician as necessary to make sets of
concrete cylinders as needed and perform slump tests for the curb,
gutter, concrete dip section, and other minor concrete.
• Perform compression strength tests in accordance with ASTM C39.
Perform extraction/gradation tests in accordance with ASTM
D2172/C136 on the asphaltic concrete.
Perform R Value Testing of street subgrade and recommend a pavement
section based on the results of the test.
• Reporting of any Non -Compliance results of materials to the City within
twenty-four (24) hours from the time of sampling.
Prevailing Wage — In accordance with Section 1770 of the Labor Code, the City
has ascertained and does hereby specify that the prevailing wage rates shall be
those provided in Article 1110-20.0, WAGE RAGES. The said rates shall include all
employer payments that are required by Section 1773.1 of the Labor Code. The
City will furnish to the Contractor, upon request, a copy of such prevailing rates. It
shall be the duty of the Contractor to post a copy of such prevailing wages at the
job site.
^ 196
Exhibit B
Schedule of Compensation
Payment shall be on a "Fixed Fee" basis in accordance with the Consultants
Schedule of Compensation attached herewith for the work tasks performed in
conformance with Section 2.2 of the Agreement. Total compensation for all work
under this contract shall not exceed
($ ► except as specified in Section 1 .6 - Additional Services of the
Agreement.
a. .^ 197
Exhibit C
Schedule of Performance
Consultant shall provide services for an initial term of (24) months beginning
September 7, 2010 through September 7, 2012 (initial term), and upon mutual
agreement by both parties, the term of this agreement may be extended for up to
two (2) additional 1-year terms (extended terms).
^ 198
Exhibit D
Special Requirements
AT NO ADDITIONAL COST TO THE CITY:
The consultant shall provide a hand held (type) cellular telephone and
service compatible with the City's cellular service for each technician
assigned to the City project.
2. The Consultant shall provide his or her own transportation to and from
the designated work site.
3. The Consultant shall respond at the job site to requests for material
testing within twenty-four (24) hours and provide written test results
to the City within forty-eight (48) hours of testing.
4. The Consultant shall supply all necessary tools and materials to
perform materials testing.
.. 199
Titf 4 4 a"
COUNCIL/RDA MEETING DATE: July 6, 2010
ITEM TITLE: Acceptance of Playground Equipment at
Fritz Burns Park, Project No. 2009-07 and Seasons
Park, Project No. 2009-08
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Accept the Playground Equipment at Fritz Burns Park, Project No. 2009-07, and
Seasons Park, Project No. 2009-08, as 100% complete; authorize the City Clerk to file
a Notice of Completion with the Office of the County Recorder; and authorize staff to
release retention and remaining billing in the amount of $16,372.84, thirty-five (35)
days after the Notice of Completion is recorded.
FISCAL IMPLICATIONS:
The following is a budget summary:
Fritz Burns Project Budget Total
Seasons Project Budget Total
Amount Projected to be Spent Through July 6, 2010
Project Budget Amount Available
Fritz Burns Original Construction Contract Amount
Seasons Original Construction Contract Amount
Amount Paid to Contractor to Date
Total Remaining Fiscal Commitment to Contractor
Total Retention to be Released
Remaining Billing
Contract Amount Remaining to be Billed By Contractor
$141, 573.00
$33,443.00
($140,604.95)
$ 34,411.05
$126,977.98
$29,999.81
($140,604.95)
$16,372.84
$15,697.78
$675.06
$16,372.84
Adequate funding is available to pay the contractor's remaining billing ($675.06) and
retention ($15,697.78) for project closeout.
200
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The Fritz Burns Park playground was completed in 1994. Due to the inability to
purchase replacement parts and changes in the safety standards for playgrounds, staff
recommended replacing the play equipment as part of the Fiscal Year 2009-2010
Capital Improvement Program.
The Seasons Retention Basin playground was completed in 2000. The Public Works
crew removed the playground in August 2009 due to vandalism that required costly
repairs. The replacement for the playground was budgeted in the Fiscal Year 2009-
2010 Capital Improvement Program.
The life expectancy of playground equipment is affected by environmental conditions
and is generally 12 to 14 years with proper maintenance and repair. Any alterations or
changes to the playground equipment require it to conform to current playground
safety standards.
On November 7, 2009, City Council approved a Request for Proposals (RFP) for
playground replacement and installation at Adams Park, Fritz Burns Park, and Seasons
Park. The new playgrounds also required shade over the play structures.
On December 18, 2009, twenty-four playground proposals were received from five
firms. A Selection Committee consisting of Steve Howlett, Golf & Parks Manager;
Greg Butler, Building & Safety Manager; and Tim Batten, Maintenance Foreman;
reviewed the proposals and ranked them according to potential fun, uniqueness, and
vandal resistance.
On January 11, 2010, the Community Services Commission reviewed the top ranked
playground proposals and recommended the top ranked proposals to City Council for
approval.
On February 16, 2010, City Council approved an Agreement with Dave Bang
Associates, Inc. for Playground Equipment at Fritz Burns and Seasons Park, Project
Nos. 2009-07 and 2009-08 in the amount of $156,977.79.
Both playground projects are now complete as per the contractor's proposals.
r 201
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Accept the Playground Equipment at Fritz Burns Park, Project No. 2009-07, and
Seasons Park, Project No. 2009-08, as 100% complete; authorize the City Clerk
to file a Notice of Completion with the Office of the County Recorder; and
authorize staff to release retention and remaining billing in the amount of
$16,372.84, thirty-five (35) days after the Notice of Completion is recorded; or
2. Do not accept the Playground Equipment at Fritz Burns Park, Project No. 2009-
07, and Seasons Park, Project No. 2009-08, as 100% complete; do not
authorize the City Clerk to file a Notice of Completion with the Office of the
County Recorder; and do not authorize staff to release retention and remaining
billing in the amount of $16,372.84, thirty-five (35) days after the Notice of
Completion is recorded; or
3. Provide staff with alternative direction.
Respectfully submitted,
1
Edie Hylton
Community Services Director
Approved for submission by:
Thomas P. Genovese, City Manager
202
Taf 4 4 a9ba
COUNCIL/RDA MEETING DATE: July 6, 2010
ITEM TITLE: Approval of a Lease Agreement and
Memorandum of Land Lease Agreement With Verizon
Wireless for Installation of a Cell Tower at Fire Station
70
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: L13
STUDY SESSION:
PUBLIC HEARING:
Approve a lease agreement and memorandum of land lease agreement with Verizon
Wireless for installation of a cell tower at Fire Station 70, and authorize City Manager
to execute the documents.
FISCAL IMPLICATIONS:
Verizon Wireless will pay $3,000 a month in rental fees which will be increased by 3%
yearly for inflation.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Verizon Wireless approached the City with a proposal to lease a portion of the property
on Madison Street where Fire Station 70 is located (Avenue 54 and Madison Street at
PGA West) for the purpose of installing a second monopalm structure. The subject
property currently has an existing cellular tower. The existing pole is a 60-foot
monopalm with multiple live palm trees surrounding it.
Verizon Wireless received a Conditional Use Permit from the Planning Commission on
March 24, 2009, for a second monopalm structure at this location. Verizon Wireless
will be placing the new cell tower adjacent to the current monopalm and decreasing
w. ^ 203
the height of the new pole by five feet. The monopalm will not interfere with fire
department operations.
The proposed lease, which is included as 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 a lease agreement and memorandum of land lease agreement with
Verizon Wireless for installation of a cell tower at Fire Station 70; or
2. Do not approve a lease agreement and memorandum of land lease agreement
with Verizon Wireless for installation of a cell tower at Fire Station 70; or
3. Provide staff with alternative direction.
Respectfully submitted,
�e,&&e
Bret M. Plumlee
Assistant City Manager — Management Services
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Land lease agreement and memorandum of land lease
agreement
204
SITE NAME: Spanish Bay
SITE NUMBER: 182379
ATTY/DATE: CJZ/06.09
LAND LEASE AGREEMENT
ATTACHMENT 1
This Land Lease Agreement ("Agreement") is made this day of
2010, between the City of La Quinta, a municipal corporation, with a mailing address of 78-495
Calle Tampico, La Quinta, California 92253 hereinafter designated LESSOR, and Los Angeles
SMSA Limited Partnership d/b/a Verizon Wireless, with its principal office located at One
Verizon Way, Mail Stop 4AW 100, Basking Ridge, New Jersey 07920 (telephone number 866-
862-4404), hereinafter designated LESSEE. The LESSOR and LESSEE are at times collectively
referred to hereinafter as the "Parties" or individually as the "Party."
I 5 1. PREMISES. LESSOR is the owner of that certain parcel of property located at
5400X Madison Street, La Quinta, California 92253, assessor's parcel number 775-100-004,
which property is more particularly described in Exhibit "A", attached hereto and made a part
hereof (the "Property"). LESSOR hereby leases to LESSEE a portion of the Property consisting
of approximately seven hundred thirty-seven (737) square feet of land and a second portion of
the Property consisting of approximately one hundred (100) square feet of land (together, the
"Demised Premises"), together with the non-exclusive right for ingress and egress, seven (7)
days a week twenty-four (24) hours a day, on foot or motor vehicle, including trucks, over a
twelve (12) foot wide right-of-way extending from the nearest public right-of-way, Madison
Sweet, to the Premises, and the right to install and maintain utility wires, poles, cables, conduits
and pipes under or along a one hundred ten (110) foot right-of-way extending from Madison
Street to the Demised Premises (collectively, the "Right -of -Way"). The Demised Premises and
Right -of -Way (together, the "Premises") are described and depicted on Exhibit "A-1" attached
hereto and made a part hereof.
2. SURVEY. A survey of the Property and the Premises is attached hereto as
Exhibit "B", Said survey shall control in the event of boundary and access discrepancies
between it and Exhibit "A". Cost for such work shall be borne by the LESSEE .
3. TERM. This Agreement shall be effective as of the date of execution by both
Parties, provided, however, the initial term shall be for five (5) years and shall commence on the
Commencement Date (as hereinafter defined) at which time rental payments shall commence and
be due at a monthly rental of Three Thousand and 00/100 Dollars ($3,000.00) to be paid on the
first (I") day of the month, in advance, to LESSOR or to such other person, firm or place as
LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of the
due date for any rental payment. The Agreement shall commence on June 1, 2010 (the
"Commencement Date"). LESSOR and LESSEE acknowledge and agree that initial rental
payment(s) shall not actually be sent by LESSEE until thirty (30) days after the Commencement
Date. LESSOR and LESSEE further acknowledge and agree that every rental payment
following the first rental payment shall be due on the first day of the month during which
LESSEE utilizes the Premises.
°° 205
SITE NAME: Spanish Say
SITE NUMBER: 162379
ATTY/DATE: CJZ/06.09
4, EXTENSIONS. This Agreement shall automatically be extended for three (3)
additional five (5) year terms unless the LESSEE terminates the Agreement at the end of the
then -current term by giving the LESSOR written notice of the intent to terminate at least ninety
(90) days prior to the end of the then -current term.
5. FLAT PERCENTAGE RENTAL INCREASE. The annual rental amount shall be
increased on each annual anniversary of the Commencement Date throughout the term of this
Agreement by an amount equal to three percent (3%) of the rent for the previous year.
6. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for
the purpose of constructing, maintaining, repairing and operating a single sixty (60) 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 Demised Premises with approval from LESSOR. Both Parties
acknowledge that the landscaping and irrigation, as further described and depicted in Exhibit
"A", shall be installed, irrigated, owned, and maintained by LESSOR, and will become part of
the Property.
Further, so long as it complies with all applicable local, state, and federal laws, including
the City of La Quinta's Noise Ordinance, LESSEE shall have the right, at its sole option, to
install and use for emergency purposes only at the Premises, a stand-by power generator, of a
type and kind to be determined solely by LESSEE, in connection with LESSEE's
communications facilities. LESSEE shall utilize a stand-by power generator which is rated for
low decibel emission levels relative to its service classification. All improvements shall be at
LESSEE's expense and the installation of all improvements shall be at the discretion and option
of the LESSEE. LESSEE shall have the right to replace, repair, add or otherwise modify its
equipment or any portion thereof, whether the equipment is specified or not on any exhibit
attached hereto, during the term of this Agreement. Before commencing any subsequent
alterations to the Property, LESSEE shall submit plans and specifications to LESSOR for
LESSOR'S written approval, which approval shall not be unreasonably withheld, conditioned or
delayed. In the event LESSOR does not either (i) object to the plans in writing or (ii) furnish
LESSEE with written approval, within thirty (30) calendar days of the date of submission of the
plans, LESSOR will be deemed to have approved them. All work to be done by LESSEE shall
be performed in accordance with the approved plans unless a modification thereto is otherwise
approved in writing by LESSOR, which approval shall not be unreasonably withheld,
conditioned or delayed. LESSEE will maintain the Premises in a good condition, reasonable
wear and tear excepted. It is understood and agreed that LESSEE's ability to use the Premises is
contingent upon its obtaining after the execution date of this Agreement all of the certificates,
permits and other approvals (collectively the "Governmental Approvals") that may be required
by any Federal, State or Local authorities as well as soil boring tests satisfactory to LESSEE,
which will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate, at
no cost to LESSOR, with LESSEE in its effort to obtain such approvals and shall take no action
with respect to the Premises which would adversely affect the status of the Premises with respect
to the proposed use by LESSEE. In the event that any of such applications for such
Governmental Approvals should be finally rejected or any Governmental Approval issued to
2
. r 206
SITE NAME: Spanish Bay
SITE NUMBER: 182379
ATTY/DATE: CJZ/06.09
LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental
authority; LESSEE determines that such Governmental Approvals may not be obtained in a
timely manner; any soil boring tests are found by LESSEE to be unsatisfactory so that LESSEE
in its sole and reasonable discretion will be unable to use the Premises for its intended purposes;
LESSEE determines that the Premises is no longer technically compatible for its intended use; or
LESSEE, in its sole discretion, determines that the use of the Premises is obsolete or
unnecessary, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's
exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return
receipt requested, and shall be effective upon the mailing of such notice by LESSEE, or upon
such later date as designated by LESSEE. All rentals paid to said termination date shall be
retained by LESSOR. Otherwise, the LESSEE shall have no further obligations for the payment
of rent to LESSOR. Notwithstanding the foregoing, if LESSEE terminates this Agreement for
any reason other than its ability to obtain or maintain its Governmental Approvals or due to
unsatisfactory soil boring tests, LESSEE shall concurrently with its notice of termination to
LESSOR, pay LESSOR a termination fee equal to six (6) months of the then -current rent, and
without such payment any purported termination shall be void and LESSEE shall remain liable
for rent and its other obligations under this Agreement. Upon such termination, this Agreement
shall be of no further force or effect except to the extent of the representations, warranties and
indemnities made by each Party to the other hereunder.
7. UTILITIES. LESSEE shall pay for the utilities it consumes in its operations at
the Premises. LESSEE shall have the right to obtain separate utility service from any utility
company that will provide service to the Premises. LESSEE shall design its utility runs to be
underground. If above ground utility runs are required by a servicing utility company, LESSEE
must request and obtain approval of the design of the above ground utility from LESSOR, which
consent shall not be unreasonably withheld, conditioned, or delayed. LESSOR agrees to sign
such documents or easements as may be required by said utility companies to provide such
service to the Premises, including the grant to LESSEE or to the servicing utility company at no
cost to the LESSOR, of an easement in, over, across, or through the Property as required by such
servicing utility company to provide utility services to LESSEE as provided herein. Any
easement necessary for such power or other utilities will be at a location acceptable to LESSOR
and the servicing utility company. Prior to commencing construction of LESSEE's facilities,
LESSOR and LESSEE shall meet to discuss the locations of the existing underground utilities
and irrigation in order to minimize any accidental contact therewith. In the event LESSEE
damages said utilities and/or irrigation, or any other portion of or appurtenance to the Property,
LESSEE shall cause such darnages to be. repaired at LESSEE's sole cost and expense, and to
LESSOR's reasonable satisfaction.
8. [RESERVED]
9. INSURANCE. LESSEE, at LESSEE'S sole cost and expense, shall procure and
maintain on the Premises and on the equipment and appurtenances attached to the Premises,
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 LESSEE, its employees and agents arising from
LESSEE'S use, disuse, occupancy, maintenance, and improvement thereon of the Premises.
3 0. 207
SITE NAME: Spanish Bay
SITE NUMBER: 182379
ATTV/DATE: CJZ/06.09
LESSOR shall also be named as an additional insured on LESSEE'S policy, providing evidence
of same by way of a separate endorsement. Within thirty (30) days following the Effective Date,
LESSEE shall provide LESSOR with either (i) a certificate of insurance ("COI") and "additional
insured" blanket endorsement evidencing the coverage required by this Paragraph 9, or (ii) an
electronic version of a memorandum of insurance ("MOI") and endorsement evidencing the
coverage required by this Paragraph 9. In the event LESSEE elects to provide LESSOR with a
MOI, LESSEE shall provide LESSOR with a uniform resource locator link to LESSEE's MOI
web site.
10. WAIVER OF SUBROGATION. LESSOR and LESSEE waive and release
each other and their respective principals, employees, representatives and agents, from any and
all rights of action for negligence against each other for damage to the Property or the Premises
or to any personal property or appurtenances thereon caused by, or that result from, any fire, or
other casualty of the kind covered by standard fire insurance policies with extended coverage
regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by
the Palsies, or either of them. These waivers and releases shall apply between the Parties and
they shall also apply to any claims under or through either Party as a result of any asserted right
of subrogation. LESSOR and LESSEE shall cause such insurance policies obtained by them to
provide that the insurance company waives all right of recovery by way of subrogation against
the other in connection with any damage covered by such policies.
IL LIABILITY AND INDEMNITY. LESSEE shall indemnify, defend and hold
LESSOR harmless from and against all claims, losses, liabilities, damages, costs and expenses
(including reasonable attorneys' and reasonable consultants' fees, costs and expenses)
(collectively "Losses") to the extent arising from LESSEE's breach of any term or condition of
this Agreement or from the negligence or willful misconduct of LESSEE and/or LESSEE's
agents, employees or contractors in or about the Property, except to the extent caused by the
negligence or willful misconduct of LESSOR and LESSOR's agents, employees and contractors.
The duties described in this Paragraph I 1 shall apply as of the Commencement Date of this
Agreement and survive the termination of this Agreement. Neither Party shall be liable to the
other, or any of their respective agents, representatives or 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.
12. INTERFERENCE. LESSEE shall operate its equipment in compliance with all
applicable Federal Communications Commission ("FCC") requirements and in a manner that
will not cause harmful interference to LESSOR or other lessees or licensees of the Property,
provided that any such installations predate that of LESSEE's facilities and operate in
compliance with applicable laws. In the event LESSEE's equipment causes such interference,
and after LESSOR has notified LESSEE of such interference pursuant to this Agreement,
LESSEE will take all steps necessary to correct and eliminate the interference within thirty (30)
days of said notice. LESSOR acknowledges that interference may come from different sources,
and LESSEE shall only be responsible to con ct interference to the extent caused by LESSEE's
"--") 208
SITE NAME: Spanish Bay
SITE NUMBER: 182379
ATTY/DATE: CJZ/06.09
equipment. In the event LESSEE fails to so correct such interference after said notice and time
period, LESSEE shall be in default of this Agreement. Subsequent to the installation of
LESSEE's facilities, LESSOR will not, and will not permit its lessees or licensees to, install new
equipment on or make any alterations to the Property contiguous thereto owned or controlled by
LESSOR, if such modifications will cause interference with LESSEE's operation of LESSEE's
facilities. In the event interference occurs, LESSOR agrees to use best efforts to eliminate such
interference in a reasonable time period. LESSOR'S failure to comply with this Paragraph shall
be a material breach of this Agreement.
13. TERMINATION.
a. This Agreement may be terminated without further liability on thirty (30)
days prior written notice as follows: (i) by either Party upon a default of any covenant or term
hereof by the other Party, which default is not cured within a sixty (60) day "grace period"
following receipt of written notice of default, except that the Agreement shall not be terminated
if the default cannot reasonably be cured within such sixty (60) day grace period and the
defaulting Party has commenced to cure the default within such sixty (60) day grace period and
diligently pursues the cure to completion; provided that the grace period for any monetary
default is ten (10) days from receipt of written notice; (d) by LESSOR, in the event that
LESSOR determines that it is necessary to protect persons on the Property or in the immediate
community, or both, from conditions dangerous to their health or safety caused by LESSEE's use
of the Property, as determined by proper City of La Quinta procedure; (iii) for purposes of
condemnation as further described in Paragraph 29 and (iv) for purposes outlined in Paragraph 6.
b. On or before the Commencement Date, LESSEE shall furnish or cause to
be furnished to LESSOR a good and sufficient bond, in the form and from an entity approved by
the LESSOR's attorney (the "City Attorney"), entitled "Performance Bond", in the amount of
Fifty Thousand and 00/100 Dollars ($50,000.00), or such other comparable security instrument
as reasonably approved by the City Attorney, securing the faithful performance by LESSEE of
all the terms and conditions of this Agreement.
14, REMOVAL UPON TERMINATION. LESSEE, upon termination of the
Agreement, shall, within ninety (90) days, remove its building (including footings to a depth of
three (3) feet), fixtures and all personal property and otherwise restore the Premises to its original
condition, reasonable wear and tear and casualty excepted. LESSOR agrees and acknowledges
that all of the equipment, fixtures and personal property of the LESSEE shall remain the personal
property of the LESSEE and the LESSEE 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 LESSEE to remain on the Premises after termination of this Agreement,
LESSEE shall pay rent at the then existing monthly rate until such tirne 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 LESSOR and LESSEE. Such payment shall be in addition to any
other rents or early termination fees otherwise required by this agreement.
15. RIGHTS UPON SALE, Should LESSOR, at any time during the term of this
Agreement, decide to sell all or any part of the Property to a purchaser other than LESSEE, such
209
SITE NAME: Spanish Bay
SITE NUMBER: 182379
ATTV/DATE: CJZ/06.09
sale shall be under and subject to this Agreement and LESSEE's rights hereunder, and any sale
by the LESSOR of the portion of this Property underlying the right-of-way herein granted shall
be under and subject to the right of the LESSEE in and to such right-of-way.
16. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and
performing the covenants shall peaceably and quietly have, hold and enjoy the Premises for the
purposes described hereinabove,
17. TITLE. LESSOR covenants that LESSOR is seized of good and sufficient title
and interest to the Property and has full authority to enter into and execute this Agreement.
LESSOR further covenants that there are no liens, judgments or impediments of title on the
Property or affecting LESSOR's title to the same and that there are no covenants, easements or
restrictions which prevent the use of the Premises by the LESSEE as set forth above.
18. INTEGRATION. It is agreed and understood that this Agreement contains all
agreements, promises and understandings between the LESSOR and LESSEE and that no verbal
or oral agreements, promises or understandings shall be binding upon either the LESSOR or
LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or
modification to this Agreement shall be void and ineffective unless made in writing and signed
by the Parties. In the event any provision of the Agreement is found to be invalid or
unenforceable, such finding shall not affect the validity and enforceability of the remaining
provisions of this Agreement. The failure of either Party to insist upon strict performance of any
of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement
shall not waive such rights and such Party shall have the right to enforce such rights at any time
and take such action as may be lawful and authorized under this Agreement, either in law or in
equity.
19. GOVERNING LAW AND CHOICE OF FORUM. 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 Superior Courts of the State of California,
County of Los Angeles.
20. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the
LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates,
subsidiaries of its principal; to any entity which acquires all or substantially all of LESSEE's
assets in the market defined by the FCC in which the Property 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 LESSEE in the market defined by the
FCC in which the Property is located. Said assignment shall require that assignee assume all of
LESSEE's obligations herein. LESSEE shall deliver written notice to LESSOR of any such
assignment within a reasonable time, consisting of not less than ten (10) business days prior to
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 LESSOR, which consent
will not be unreasonably withheld, conditioned, or delayed. LESSEE may sublet the Premises
within its sole discretion, upon notice to LESSOR. No change of stock ownership, partnership
6
w 210
SITE NAME: Spanish Bay
SITE NUMBER: 162379
ATTY/DATE: CJZ/06.09
interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE
shall constitute an assignment hereunder.
21. NOTICES. 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,
provided the courier's regular business is delivery service and provided further that it guarantees
delivery to the addressee by the end of the next business day following the courier's receipt from
the sender, addressed as follows (or any other address that the Party to be notified may have
designated to the sender by like notice):
LESSOR: City of La Quinta
78-495 Calle Tampico
La Quinta, California 92253
Attn: Assistant City Manager, Management Services
Phone: (626) 357-7931
LESSEE: Los Angeles SMSA limited partnership
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
(Site: Spanish Bay)
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained
pursuant to the foregoing.
22. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal
representatives, successors and assigns of the Parties hereto.
23. SUBORDINATION AND NON -DISTURBANCE. At LESSOR's option, this
Agreement shall be subordinate to any mortgage or other security interest by LESSOR which
from time to time may encumber all or part of the Property or right-of-way; provided, however,
every such mortgage or other security interest shall recognize the validity of this Agreement in
the event of a foreclosure of LESSOR's interest and also LESSEE's right to remain in occupancy
of and have access to the Premises as long as LESSEE is not in default under this Agreement.
LESSEE shall execute whatever instruments may reasonably be required to evidence this
subordination clause. In the event the Property is encumbered by a mortgage or other security
interest, the LESSOR immediately after this Agreement is executed, will obtain and furnish to
LESSEE, a non -disturbance agreement for each such mortgage or other security interest in
recordable form. In the event the LESSOR defaults in the payment and/or other performance of
any mortgage or other security interest encumbering the Property, LESSEE, may, at its sole
option and without obligation, cure or correct LESSOR's default and upon doing so, LESSEE
shall be subrogated to any and all rights, titles, liens and equities of the holders of such mortgage
or security interest and the LESSEE shall be entitled to deduct and setoff against all rents that
may otherwise become due under this Agreement the sums paid by LESSEE to cure or correct
such defaults.
SITE NAME: Spanish Bay
SITE NUMBER: 182379
ATTY/DATE: CJZ/06.09
24. TAXES. LESSEE shall pay as additional rent any documented increase in real
estate taxes levied ,against the Property which are directly attributable to the improvements
constructed by LESSEE. LESSOR shall provide to LESSEE a copy of any notice, assessment or
billing relating to real estate taxes for which LESSEE is responsible under this Agreement within
thirty (30) days of receipt of the same by LESSOR. LESSEE shall have no obligation to make
payment of any real estate taxes until LESSEE has received the notice, assessment or billing
relating to such payment as set forth in the preceding sentence. In the event LESSOR fails to
provide to LESSEE a copy of any real estate tax notice, assessment or billing within the thirty
(30) day period set forth herein, LESSEE 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 LESSOR to LESSEE. LESSEE 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 LESSEE is wholly or partly responsible for payment under this
Agreement. LESSOR shall reasonably cooperate with LESSEE 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.
LESSEE is hereby notified that any property interest deemed to have been created by or as a
result of this Agreement may be subject to property taxation, and that LESSEE may be subject to
the payment of property taxes levied on the interest.
25. RECORDING. LESSOR agrees to execute a Memorandum of Agreement which
LESSEE may record with the appropriate Recording Officer. The date set forth in the
Memorandum of Agreement is for recording purposes only and bears no reference to
commencement of either term or rent payments.
26. DEFAULT. In the event there is a default by either Party with respect to any of
the provisions of this Agreement or its obligations under it, including the payment of rent, the
non -defaulting Party shall give the defaulting Party written notice of such default. After receipt
of such written notice, the defaulting Party shall have ten (10) days in which to cure any
monetary default and sixty (60) days in which to cure any non -monetary default, provided the
defaulting Party shall have such extended period as may be required beyond the sixty (60) days if
the nature of the cure is such that it reasonably requires more than sixty (60) days and the
defaulting Party commences the cure within the sixty (60) day period and thereafter continuously
and diligently pursues the cure to completion. The non -defaulting Party may not maintain any
action or effect any remedies for default against the defaulting Party unless and until the
defaulting Party has failed to cure the same within the time periods provided in this Paragraph.
27. ENVIRONMENTAL. LESSOR warrants and agrees that neither LESSOR nor, to
LESSOR's knowledge, any third party has used, generated, stored or disposed of, or permitted
the use, generation, storage or disposal of, any Hazardous Material (as defined below) on, under,
about or within the Property in violation of any law or regulation. LESSOR and LESSEE each
agree that they will not use, generate, store or dispose of any Hazardous Material on, under,
about or within the Property in violation of any law or regulation. LESSOR and LESSEE each
agree to defend and indemnify the other and the other's partners, affiliates, agents and employees
against any and all losses, liabilities, claims and/or costs (including reasonable attorneys' fees
and costs) arising from any breach of any warranty or agreement contained in this Paragraph.
212
SITE NAME: Spanish Say
SITE NUMBER: 182379
ATTY/DATE: CJZ/06.09
"Hazardous Material" shall mean any substance, chemical or waste identified as hazardous, toxic
or dangerous in any applicable federal, state or local law or regulation (including petroleum and
asbestos).
28. CASUALTY. In the event of damage by fire or other casualty to the Premises
that cannot reasonably be expected to be repaired within forty-five (45) days following same or,
if the Property is damaged by fire or other casualty so that such damage may reasonably be
expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then
LESSEE may at any time following such fire or other casualty, provided LESSOR has not
completed the restoration required to permit LESSEE to resume its operation at the Premises,
terminate this Agreement upon fifteen (15) days written notice to LESSOR. Any such notice of
termination shall cause this Agreement to expire with the same force and effect as though the
date set forth in such notice were the date originally set as the expiration date of this Agreement
and the Parties shall make an appropriate adjustment, as of such termination date, with respect to
payments due to the other under this Agreement. Notwithstanding the foregoing, all rental shall
abate during the period of repair following such fire or other casualty.
29. CONDEMNATION. In the event of any condemnation of the Property, LESSEE
may terminate this Agreement upon fifteen (15) days written notice to LESSOR if such
condemnation may reasonably be expected to disrupt LESSEE's operations at the Premises for
more than forty-five (45) days. LESSEE may on its own behalf make a claim in any
condemnation proceeding involving the Premises for losses related to the antennas, equipment,
its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any
such notice of termination shall cause this Agreement to expire with the same force and effect as
though the date set forth in such notice were the date originally set as the expiration date of this
Agreement and the Parties shall make an appropriate adjustment as of such termination date with
respect to payments due to the other under this Agreement.
30, SUBMISSION OF AGREEMENT. The submission of this Agreement for
examination does not constitute an offer to lease the Premises and this Agreement becomes
effective only upon the full execution of this Agreement by the Parties. If any provision herein is
invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining
provisions of this Agreement. Each of the Parties hereto warrants to the other that the person or
persons executing this Agreement on behalf of such Party has the full right, power and authority
to enter into and execute this Agreement on such Party's behalf and that no consent from any
other person or entity is necessary as a condition precedent to the legal effect of this Agreement.
31. [RESERVED]
32. SURVIVAL. The provisions of the Agreement relating to indemnification from
one Party to the other Party shall survive any termination or expiration of this Agreement.
Additionally, any provisions of this Agreement which require performance subsequent to the
termination or expiration of this Agreement shall also survive such termination or expiration.
. r.213
SITE NAME: Spanish Bay
SITE NUMBER: 182379
ATTY/DATE: CJ2/06.09
33. CAPTIONS. The captions contained in this Agreement are inserted for
convenience only and are not intended to be part of the Agreement. They shall not affect or be
utilized in the construction or interpretation of the Agreement.
IN WffNESS WHEREOF, the Parties hereto have set their hands and affixed their
respective seals the day and year first above written.
LESSOR:
City of La Quinta,
a municipal corporation
By:
Name:
Title:
Date:
LESSEE:
Los Angeles SMSA Limited Partnership d/b/a
Verizon Wireless
By: AirToyclt_Cg1ltalftijs General Partner
Title: Area Vice esid tNetwork
Date: S 12, In
10 eo n 214
SITE NAME: Spanish Bay
SITE NUMBER: 182379
ATTY/DATE: CJZ/06.09
Exhibit "A"
Description of Property
THAT.PORTION OF THE NORTHEA5TCNE•QUAR7CR Of SECTION 16, TOWNSHIP 6 SOUTH, RANGF 7 P,4ST,
SAN BEP14ARDINO MERIDIAN, IN THE CITY OF LA QXITA, COUNTY OF R.PJER.SIDE, STATE OF CALIFORN[A,
ACCORDING TO THE OFFICIAL PLA-THEREOF DESCRIBED AS ;;OLLOIOS:
COMMENCING ATTf 1E NORTII£AST QUARTER OF SECTION 16 ASSHOWN ON A RECORD CIF SURVEY, FILED
IN BOOK 70, PAGES 96 THROUGH 98 INCLUSIVE, OF RECORDS OF SURVEY, IN THE OH -ICE OF THE
COUNTY RECORDER, OF SAID COUNTY, SAID POINT ALSO 3EING THE CENTERLINE INTERSECTION CT
54714 AVENUE AND 14ADISON STREET;
THENCE SOUTH 890 03' 03` WEST ALONG THE CENTERLINE OF 54TH AVENU=, A DsSTANCC O° 46CX
FFFY;
THENCE SOUTH CO' 56' 57" E'A5T AT :RIGHT ANGLES'TO I Ht CENTERLINE OF 54TH AVEN F., A D STANr£
Or50.03FI TTO.APOINTONTHESnUTHFR,YRL(;-1TOFWAY;INFOF54THAVFNLJE,$NUPONTk1t:ItJ:i
THE POINT OF BEGINNING;
THENCE NORT}: '8<J° 03' 03" EAST ALONG -HE SOOT' ERLY RIGHT OF WAY LINE OF 54TH AVENUE, A
bISTANCE OF 383,96 FFFT;
THENCE SOUTH 460 43' 50' EA9 A DISTANCE OF 3248 FEET TO A POINTON -HE WESTLRLY RIGHT OF
VNAY ;.INF OF MADISON STREET•, ANO SA;'D POINT LOCATED 55.00 FEET FROM T.-?E CENTERLINE OF
`1A,0ISON STREET;
THENCE SOUTH 02D 30 40" EAST ALONG THE WESTERLY RIGHT OF WAY LINE OF MADISON STREET, A
DISTANCE OF 272.10 FEET;
'I HkWl Wk:$l A. DIS"f AA�CE OF 1,2.012 FEET 70 THE BEGINNING OF ATANGENT CU7L'E, CONCAVE SC•UTH
EASTERLY AND HAVING A RADIUS OF 3LT.00, THROUGH A CFNTRAL AKG,I F Or 900 00' ;N]", AN AR..'
D15"IAV!E OF 59.59 FFFT';
THENCE WEST A DISTANCE OF 80.92 FEET, TO A POVCr ON A C :'RVE, CONCAVE SOUTHWESTERLY AND
HAVING A RADIUS OF 174;Lw0 FEET, THROUGH A CENTRAL. ANGLE OF 280 29' $64, AN ARC DISTANCE Of
66.55 FEET;
THENCE NORTH 450 00' 0C" WEST, A DISTANCE OF 264.41 FEET TO THE BEGINNING OF A TANGENT
"Z t, CONCAVt SOOT HWESTER.L'Y AND HAVING A RADIUS OF 2+2.6A FEET, •'HROUGH A CENTRAL ANGLE
OF 160 51' 26', AN ARC DISTANCE OF 71,40 FEET,:
TF ENCC NO.RTIi 00' 56' 57" WEST, A DISTANCE OF 22.50 FEE` TO TI IE POINT Of BEGINNING,
APN: 775-_00-OW.
11
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SITE NAME: Spanish Bay
SITE NUMBER: 182379
ATTY/DATE: CJZ/06.09
Exhibit "A -I"
Description of the Demised Premises
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CJZ/07.09
Upon Recording, Return to:
McGuireWoods LLP
1800 Century Park East, 8°i Flow
Los Angeles, CA 90067
Attn: Reena Yuba
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
MEMORANDUM OF LAND LEASE AGREEMENT
This Memorandpp of; LAND LEASE AGREEMENT is made this day of
20( ,betty en the City of La Quinta, a municipal corporation, with a mailing
address of 78-495 Calle Tampico, La Quinta, CA 92253, hereinafter referred to as "LESSOR", and
Los Angeles SMSA Limited Partnership d/b/a Verizon Wireless, with its principal office located at
One Verizon Way, Mail Stop 4AW 100, Basking Ridge, New Jersey 07920, hereinafter referred to
as "LESSEE". LESSOR and LESSEE are at times collectively referred to hereinafter as the
"Parties" or individually as the "Party".
11,17
10 P9
1. LESSOR and LESSEE entered into a Land Lease Agreement (the "Agreement") on
20Xfor an initial term of five (5) years, commencing on the Commencement
Date. The Land Lease Agreement shall automatically be extended for three (3) additional
five (5) year terms unless the LESSEE terminates it at the end of the then current term by
giving the LESSOR written notice of the intent to terminate at least ninety (90) days prior
to the end of the then current term.
2. LESSOR hereby leases to LESSEE a portion of that certain parcel of property (the entirety
of LESSOR's property is referred to hereinafter as the "Property"), located at 54004' i
Madison Street, San Jacinto, California 92253, and being described as a parcel containing
approximately seven hundred folly (740) square foot and a second parcel containing
approximately one hundred (100) square feet, together with the non-exclusive right for
ingress and egress, seven (7) days a week twenty-four (24) hours a day, on foot or motor
vehicle, including trucks, and for the installation and maintenance of utility wires, poles,
cables, conduits, and pipes over, under, or along a twelve (12) foot wide right-of-way
extending from the nearest public right-of-way, Madison Street, to the demised premises.
The demised premises and right-of-way are hereinafter collectively referred to as the
"Premises". The Property is legally described in Exhibit "A" attached hereto and made a
part hereof. In the event any public utility is unable to use the aforementioned right-of-way,
LESSOR has agreed to grant an additional right-of-way either to the LESSEE or to the
public utility at no cost to the LESSEE.
224
Spanish Bay
C VOT09
3. The Commencement Date of the Agreement, of which this is a Memorandum, is as
described in the Agreement.
4. The terms, covenants and provisions of the Agreement, the terms of which are hereby
incorporated by reference into this Memorandum, shall extend to and be binding upon the
respective executors, administrators, heirs, successors and assigns of LESSOR and
LESSEE.
IN WITNESS WHEREOF, hereunto and to a duplicate hereof, LESSOR and LESSEE
have caused this Memorandum to be duly executed on the date first written hereinabove.
LESSOR:
City of La Quinta
By: _
Name:
Title:
LESSEE:
Los Angeles SMSA Limited Partnership d/b/a
Verizon Wireless
M
Name: Walter L
Title: Area Vice
S
`a
General Partner
mbs, Jr.
eside t Network
I Z L-0
0 225
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 911 7—h o before me, &4 t04 tiG — ,__r Ro i 4_5, Notary Public
personally appeared Walter L. Jones Jr
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
f ature�otNotary Public
SANDRAI ROJAS
Comm.! *81961
NOTARY PAK -CALIFORNIA
ORANGE COUNTY d
MY Comm, UP. MY17. 2010
Place Notary Seal Above
226
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On before me,
o.w w.n
personalty appeared
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) Is/are subscribed to the
within Instrument and acknowledged to me that
he/sheRhey executed the same In hia/ her/their authorized
caparAy(les), and that by hlsfierRheir sfgnature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the Instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
PWWW"'ya" . Signature
rupn.nK- a r+oory POW
OPTIONAL
T?;o p ft lnNmrerlon below b nor required by law, M may pray wluat& ro persona mpjy n an me document
and could prevent lnuduA"I rem" and rear4drmenr or M lorm to anoBar document.
Description of Attached Document
title or Type of Document:
Document Date:
Slgner(s) Other Than Named Above:
Capaclty(les) Claimed by Signer(s)
Signer's Name:
O Individual
O Corporate Officer—Tiffe(s): _
O Partner —O Limited L] General
O Attorney in Fact
O Trustee
O Guardian or Conservator
O Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
O InclMdual
O Corporate Officer —Tme(s): _
❑ Partner -- O Limited O General
O Attorney In Fact
O Trustee
O Guardian or Conservator
LZ91 11
Signer Is Representing:
Top of Numb here
r 227
Spanish Bay
CJZJ07.09
EXHIBIT A
Legal Description of the Property
THAT PORTION OF THE NORTHEAST ONE -QUARTER OF SECTION 16, TOWNSHIP 6 SOUTH, RANGE 7 EAST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CAUFORNIA,
ACCORDING TO THE OFFICIAL PLATTHEREOF DESCRIBED AS FOLLOWS:
COMMENCING ATTHE NORTHEAST QUARTER OF SECTION 16 AS SHOWN ON A RECORD OF SURVEY, FILED
IN BOOK 70, PAGES 96 THROUGH 98 INCLUSIVE, OF RECORDS OF SURVEY, IN 1HE OFFICE OF THE
COUNTY RECORDER, OF SAID COUNTY, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF
54TH AVENUE AND MADISON STREET;
THENCE SOUTH 890 03' 03" WEST ALONG THE CENTERLINE OF 54TH AVENUE, A DISTANCE OF 460,00
FEET;
THENCE SOUTH 00° 56' S7" EAST AT RIGHT ANGLES TO THE CENTERLINE OF 54TH AVENUE, A DISTANCE
OF 50.00 FEET TO A POINT ON THE SOUTHERLY RCGHT OF WAY LINE OF 54TH AVENUE, SAID POINT BEING
THE POINT OF BEGINNING;
THENCE NORTH 890 03' 03" EAST ALONG THE SOUTHERLY RIGHT OF WAY LINE OF 54TH AVENUE, A
DISTANCE OF 383,96 FEET;
THENCE SOUTH 460 43' S0" EAST A DISTANCE OF 32.08 FEETTO A POINT ON THE WESTERLY RIGHT OF
WAY LINE OF MADISON STREET, AND SAID POINT LOCATED 55,00 FEET FROM THE CENTERLINE OF
MADISON STREET;
THENCE SOUTH 020 39 40" EAST ALONG THE WESTERLY RIGHT OF WAY LINE OF MADISON STREET, A
DISTANCE OF 272,10 FEET;
THENCE WEST A DISTANCE OF 12.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTH
EASTERLY AND HAVING A RADIUS OF 38.00, THROUGH A CENTRAL ANGLE OF 900 00' 00", AN ARC
DISTANCE OF 59.69 FEET;
THENCE WEST A DISTANCE OF 80.92 FELT, TO A POINT ON A CURVE, CONCAVE SOUTHWESTERLY AND
HAVING A RADIUS OF 174.00 FEET, THROUGH A CENTRAL, ANGLE OF 280 29' 56", AN ARC DISTANCE OF
86.55 FEET;
THENCE NORTH 450 00' 00" WEST, A DISTANCE OF 264.41 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 242,69 FEET, THROUGH A CENTRALANGLE
OF 166 51' 26", AN ARC DISTANCE OF 71.40 FEET;
THENCE NORTH 000 56',57" WEST, A DISTANCE OF 22.50 FEET TO THE POINT OF BEGINNING
APN: 775•1D0-004
228
y�Cl ^�0�50
M OFF
COUNCIL/RDA MEETING DATE: July 6, 2010
ITEM TITLE: Approval of the Plans, Specifications and
Engineer's Estimate of Probable Construction Costs
and Authorization to Advertise for Bid, Pioneer Park
Improvements, Project Number 2009-09
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve the plans, specifications and engineer's estimate (PS&E) and authorize
staff to advertise the Pioneer Park Improvements, Project Number 2009-09 for bid.
FISCAL IMPLICATIONS:
The following is the approved funding and funding sources:
QUIMBY Funds
Total Funding Available:
The following is the anticipated project budget:
Design:
Inspection/Testing/Survey:
Construction (as of 6/23/10):
Administration:
Contingency:
Total:
$504,366
$ 504,366
$49,595
$39,923
$409,470
$18,712
$5,378
$523,078
As illustrated above, there is a $18,712 shortfall in funding for the project. Staff
will request appropriation of additional Quimby Funds when the project is awarded.
229
CHARTER CITY IMPLICATIONS:
The project is 100% funded with locally generated QUIMBY funds. As such, the
project will be bid as a non -prevailing wage improvement.
BACKGROUND AND OVERVIEW:
Pioneer Park is located in the southeast corner of the intersection of Miles Avenue
and Seeley Drive (Attachment 1). The park currently has a small playground area
and separate dog park areas for small dogs and large dogs. Access to the park is
from Seeley Drive.
The City commissioned a concept design study to develop alternatives for the
installation of an on -site parking lot and expansion of the large dog park area. The
proposed improvements include a new driveway from Seeley Drive, a 20-stall,
parking lot utilizing permeable pavers, new sidewalks, drainage improvements, low-
level landscape/walkway lighting, site furnishings, shade structures, and expansion
of the large dog park area into the Coachella Valley Water District (CVWD) property
set aside for a future well site northeast of the existing dog park areas. The
expansion of the large dog park area will require the removal of existing fence and
construction of new perimeter fence around the CVWD well site, installation of
suitable turf sod and new turf irrigation. CVWD and the City of La Quinta have
entered into a lease agreement for these improvements. The permeable pavers will
be supplied by the City to the contractor.
On April 21, 2009 the City Council adopted Resolution 2009-033 approving the
Fiscal Year 2009-2010 through 2013-2014 Capital Improvement Program (CIP) and
making certain findings pursuant to Health and Safety Code Section 33445(a). The
Pioneer Park improvements are included within the adopted CIP and scheduled for
funding during Fiscal Years 2009-2010.
On October 20, 2009, the City Council approved a Professional Services
Agreement with Dudek to prepare the PS&E of Probable Construction Costs for the
Pioneer Park Improvements, Project Number 2009-09.
The PS&E for the Project No. 2009-09 improvements are 95% completed at this
time. The PS&E is available for review within the City's Public Works Department.
Staff requests the City Council approve the PS&E at this time and authorize staff to
advertise the project for construction upon completion of the final PS&E.
230
Contingent upon City Council authorization to advertise the project for bid on July
7, 2010, the following is the anticipated project schedule:
City Council Approves PS&E
Project is Advertised
City Council Awards Contract
Sign Contracts and Mobilize
Construction (60 work days)
Project Closeout
DINGS AND ALTERNATIVES:
July 6, 2010
July 7, 2010 to July 29, 2010
August 3, 2010
August 4, 2010 to August 18, 2010
August 19, 2010 to November 11, 2010
December 7, 2010
The alternatives available to the City Council include:
1. Approve the plans, specifications, and engineer's estimate (PS&E), and
authorize staff to advertise the Pioneer Park Improvements, Project Number
2009-09 for bid; or
2. Do not approve the plans, specifications, and engineer's estimate (PS&E),
and do not authorize staff to advertise the Pioneer Park Improvements,
Project Number 2009-09 for bid; or
3. Provide staff with alternative direction.
Respectfully submitted,
r
Joth%v R. J nas o , P.E.
Public Work Director/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Vicinity Map
•• 1
231
ATTACHMENT 1
FRED WARING DR.
w
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O,y
MILES AVE.
N
s� SITE Q
F�
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WESTWARD HO
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VICINITY MAP
N.T.S.
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T4t!t 4 4 a"
COUNCIL/RDA MEETING DATE: July 6, 2010
ITEM TITLE: Approval of an Administrative Services
Agreement Between the County of Riverside and City of
La Quinta for the CSA 152 NPDES Program
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: L�
STUDY SESSION:
PUBLIC HEARING:
Approve the Administrative Services Agreement for CSA 152 NPDES Program
between the County of Riverside and the City of La Quinta (Attachment 1) and
authorize the City Manager to execute the agreement on behalf of the City.
FISCAL IMPLICATIONS:
On May 4, 2010 the City Council adopted Resolution No. 2010-032 authorizing
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. These assessments, which are subject to the limitations of Proposition 218,
help offset the costs of the Citywide Landscape and Lighting District. The estimated
revenue for Fiscal Year 2010-2011 is approximately $250,000.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On May 17, 1994, City Council approved the original Administrative Services
Agreement with the County of Riverside for CSA 152 Program (Attachment 2).
On June 8, 2010, the County of Riverside sent the City a new Administrative Services
Agreement for CSA 152 NPDES Program (Attachment 1) stating that the original
agreement (Attachment 2) needed to be updated. The County stated that the original
agreement mentions using floppy discs and computer tape so this language
233
was updated to mention appropriate media; and a termination date was added so that
the agreement can be reviewed on a regular basis. The original agreement also
includes clauses regarding the starting up of the program and responsibilities related to
that which have been removed now that the program is running and no new cities will
be included in CSA 152 NPDES. The County also desires separate contracts with each
of the cities which they will treat as individual programs. Therefore, the clause
regarding share of consultant fees has been removed and the cost of providing that
service is incorporated into the 6% administrative fee, which has not changed.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1 . Approve the Administrative Services Agreement for CSA 152 NPDES Program
with the County of Riverside and authorize the City Manager to execute the
agreement on behalf of the City; or
2. Do not approve the Administrative Services Agreement for CSA 152 NPDES
Program with the County of Riverside and do not authorize the City Manager to
execute the agreement on behalf of the City; or
3. Provide staff with alternative direction.
Respectfully submitted,
imothy R. Jo son, P.E.
Public W s ' ector/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Administrative Services Agreement for CSA 152 NPDES
Program between Riverside County and City of La Quinta.
2. Original Administrative Services Agreement for CSA 152
Program between Riverside County and City of La Quinta.
•• 1234
ATTACHMENT 1
1 ADMINISTRATIVE SERVICES AGREEMENT
2 FOR CSA 152 NPDES PROGRAM
3 BETWEEN
4 RIVERSIDE COUNTY AND CITY OF LA QUINTA
5
6 This Agreement, entered into as of this day of 2010 by the
7 COUNTY OF RIVERSIDE, hereinafter called "COUNTY," and the CITY OF LA QUINTA,
8 hereinafter called "CITY," establishes the responsibilities and obligations of each party
9 concerning the management and financing of COUNTY SERVICE AREA 152
10 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES), hereinafter
11 called "CSA 152."
12 RECITALS
13 WHEREAS, Congress in 1987 added Section 402(p) to the Federal Clean Water
14 Act (CWA) [33 U.S.C. 1342(p)]; and,
15 WHEREAS, Section 402(p) requires certain municipalities, construction and
16 industrial facilities to obtain a National Pollutant Discharge Elimination System (NPDES)
17 Permit before discharging stormwater into the waters of the United States; and,
18 WHEREAS, COUNTY and CITY have obtained or will obtain a municipal NPDES
19 Permit for each of the three watersheds of the County; and,
20 WHEREAS, COUNTY has formed CSA 152 to finance a portion of its programs
21 and obligations associated with the municipal NPDES Permits and individual General
22 NPDES Permits; and,
23 WHEREAS, cooperation between COUNTY and CITY in the administration and
24 implementation of the NPDES Permits is in the best interests of COUNTY and CITY;
25 and,
26 WHEREAS, CITY was formally annexed into CSA 152 by COUNTY Resolution
27 No. 93-454 on December 21, 1993; and,
28
Page 1 of 5 ••
235
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4
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9
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12
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14
18
19
20
21
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WHEREAS, COUNTY and CITY are to perform certain duties prescribed in this
Agreement that will benefit all parties;
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. DELEGATION OF RESPONSIBILITIES. The responsibilities of each party shall
be as follows:
a. CITY shall assume the responsibilities and meet the requirements of CSA
152 administration for CITY by:
i. Providing additions to previous years tax roll (if any) to be placed
on the upcoming fiscal year tax roll.
ii. Providing agenda item approving Benefit Assessment Unit (BAU)
Levy and CITY'S CSA 152 budget for each fiscal year.
iii. Notify COUNTY of any changes to Tax Rate Area of individual
parcels to be placed on Tax Roll.
iv. Research parcels that were rejected from list of Assessor Parcel
Numbers (APNs) submitted to County.
v. Notify COUNTY of any corrections to rejected parcels to be placed
on Tax Roll prior to Auditor Controllers deadline for submittal of
MUM
vi. Submit to COUNTY requests for reimbursement of actual
expenditures incurred under provision of approved CITY CSA 152
budget.
b. COUNTY shall assume the responsibilities and meet the requirements of
CSA 152 administration for COUNTY and CITY by:
i. Forwarding of APNs received from CITY to Auditor Controller to be
placed on Tax Roll.
ii. Notify CITY of any rejected parcels.
Page 2 of 5
236
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8
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iii. Forward CITY S corrections of rejected parcels to Auditor
Controller.
iv. Provide spreadsheet of CSA 152 assessments placed on tax roll
and fiscal year financial summary.
v. Collect assessment for CSA 152 on behalf of CITY.
vi. Reimburse CITY for actual expenditures incurred under provision
approved CITY CSA 152 budget.
2. FEES AND PAYMENT. COUNTY shall administer CSA 152 for the benefit of
COUNTY and CITY. COUNTY shall charge six (6%) percent of new CITY CSA
152 annual revenue for administration.
3. TERM OF AGREEMENT. The term of this Agreement shall commence on the
date the last duly authorized representative of COUNTY or CITY executes it.
The term of the Agreement shall be five (5) years.
4. WITHDRAWAL FROM AGREEMENT. Either Party may terminate this
Agreement thirty (30) days after submitting written notice to other parry. In the
event termination becomes effective, termination shall constitute forfeiture by the
terminating Party of its share of costs and administrative fees paid as described
in Section 2 of this Agreement up to the effective date of termination. The
terminating Parry shall be responsible for all lawfully assessed penalties as a
consequence of termination.
5. AMENDMENTS TO THE AGREEMENT. This Agreement may be amended by
mutual consent of the parties to the Agreement. No amendment to this
Agreement shall be effective unless it is in writing and signed by the duly
authorized representatives of the parties.
6. GOVERNING LAW. This Agreement will be governed and construed in
accordance with laws of the United States and the State of California. If any
provision or provisions of this Agreement shall be held to be invalid, illegal, or
Page 3 of 5 I 237
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15
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unenforceable, the validity, legality, and enforceability of the remaining provisions
shall not in any way be affected or impaired hereby.
7. CONSENT TO BREACH NOT A WAIVER. No term or provision hereof shall be
deemed waived and no breach excused, unless such a waiver or consent is in
writing and signed by the Party so waiving or consenting. Any consent by any
Party to, or waiver of, a breach by the other Party, whether expressed or implied,
shall not constitute consent to, waiver of, or excuse for any other different or
subsequent breach.
8. APPLICABILITY OF PRIOR AGREEMENTS. This Agreement constitutes the
entire agreement between the parties with respect to the subject matter; all CSA
152 prior agreement, representations, statement, negotiations, and
understandings are superseded hereby.
9. HOLD HARMLESS. Each Party shall indemnify and hold harmless the other
party from liability or damages resulting from its own acts or omissions including
those of its officers or employees in the performance of this Agreement.
Page 4 of 5
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IN WITNESS WHEREOF, this Agreement has been executed as of the day and year
first above written.
COUNTY OF RIVERSIDE,
On behalf of CSA 152
Chairman, Board of Supervisors
Approved as to Form
County Counsel
BY
L srisa R-@.?;henna
ATTEST:
Clerk of the Board
m
Page 5 of 5
CITY OF LA QUINTA
City Manager
Approved as to Form
City Attorney
m
ATTEST:
City Clerk
m
239
ATTACHMENT 2
1 ADMINISTRATIVE SERVICES AGREEMENT
2 FOR CSA 152 PROGRAM
3 BETWEEN
4'! RIVERSIDE COUNTY AND CITY OF LA QUINTA
5
6 This Agreement, entered into as of this day of I�fOV 1994 by the
7 COUNTY OF RIVERSIDE, hereinafter called "COUNTY", and the CITY OF LA
8 QUINTA, hereinafter called "CITY", establishes the responsibilities and obligations of each
9 jl party concerning the management and financing of COUNTY SERVICE AREA 152,
10 hereinafter called "CSA 152".
11 a RECITALS
I
12 WHEREAS, Congress in 1987 added Section 402(p) to the Federal Clean Water Act
13 (CWA) (33 U.S.C. 1342(p)J; and,
141 WHEREAS, Section 402(p) requires certain municipalities, construction and
15'l industrial facilities to obtain a National Pollutant Discharge Elimination System (NPDES)
16 Permit before discharging stormwater into the waters of the United States; and,
171 WHEREAS, COUNTY and CITY have obtained or will obtain a municipal NPDES
18 Permit for each of the three watersheds of the County; and,
19li WHEREAS, COUNTY has formed CSA 152 to finance a portion of its programs and
2011 obligations associated with the municipal NPDES Permits and individual General NPDES
21 Permits; and,
22 WHEREAS, cooperation between COUNTY and CITY in the administration and
23 h implementation of the NPDES Permits is in the best interests of COUNTY and CITY; and,
24 I WHEREAS, CITY was formally annexed into CSA 152 by COUNTY Resolution No.
25 GI 93-454 on December 21, 1993; and,
26 WHEREAS, COUNTY and CITY are to perform certain duties prescribed in this
'7 I'
281 1
NOV 1 1094
240
1 �I Agreement that will benefit all parties;
II
2 NOW, THEREFORE, the parties hereto do mutually agree as follows:
3 11. DELEGATION' OF RESPONSIBILITIES. The responsibilities of each party shall be
4' as follows:
5 A. COUNTY shall assume the responsibilities and meet the requirements
I
6 of CSA 152 administration for COUNTY and CITY by:
7. (1) Preparing CSA 152 budget and reports in compliance with County
i
8 Ordinance No. 573.
9 (2) COUNTY shall also:
to (a) Prepare. the required narrative for said budget and reports
11 along with COUNTY'S individual budget or report on COUNTY
12 activities.
G
13 (b) Annually prepare and forward to the appropriate agency computer
14 tape information on individual assessments of parcels within CITY for
15 generation of Benefit Assessment Units (BAU) totals and assessments
16 for CITY.
17, (c) Forward CITY corrections to assessments and tax bills to Auditor -
I
18 Controller/Tox Collector.
19 (d) Review and coordinate CITY CSA 152 budget with overall
a
20 CSA 152 budget.
21 ; (e) Reimburse CITY for actual expenditures incurred under provision
i
22of approved CITY CSA 152 budget and allocations.
23, (f) Conduct mailing of proposed tax rate assessment for CITY for FY
24'' 94/95 and any year CITY requires notices. COUNTY shall bill CITY
25 for these services at cost.
it
26 (g) Provide to CITY annual property assessment printouts and a BAU
27
2811 2
.• 1 241
i JI summary.
(h) Provide to CITY standardized forms including but not limited
3 to assessment rc-evaluation forms, budget and expense reimbursement
4 formats.
5 (i) Serve as administrative and technical advisor on CSA budget
I
611 preparation and assessment re-evaluations.
I!
7 Q) Assess CITY an annual six percent (6%) administrative fee on new
8 revenue for CITY CSA 152 budget.
9 (k) Be responsible to CITY for reasonable requests by CITY for
10 �i information, billing tapes, data, changes, corrections, refunds, issuances
it of new CITY tax bills or revisions. Said requests will be at expense of
12 CITY.
13 (1) Conduct annual County public budget hearing of CSA 152.
14 (m) Assist CITY with first year CITY public information forum
15 on NPDES program and CSA 152 administration by providing
16 administrative and technical guidance.
17 (n) Provide CITY with copy of CSA 152 budget prior to
18 submittal to COUNTY Board of Supervisors.
19 B. CITY shall assume the. responsibilities and meet the requirements of CSA 152
20 I administration for CITY by:
21 (1) Preparing CITY CSA 152 budget and reports on its activities using
22 COUNTY format, hereto attached as Exhibit A and incorporated herein
23 by reference. Said budget and reports shall be submitted to COUNTY for
24 incorporation with COUNTY CSA 152 budget narrative and in accordance
25 with Schedule of Events, hereto attached as Exhibit B and incorporated herein
26 by reference.
27
2811
3
242
1 (2) CITY shall also:
2 (a) Conduct NPDES and CSA 152 public forum for CITY constituents
3 :1 prior to COUNTY CSA 152 public hearing for new or increased CSA
h
4 152 assessment over prior fiscal year assessment.
5 i (b) Be responsible for CITY updates, corrections or revisions to be
(I
6 entered into COUNTY data base for CSA 152 or any corrections,
I
7 revisions, refunds or issuance of new CITY tax bills through
8 h COUNTY at CITY expense.
91
(c) Be responsible to COUNTY for any proposed tax assessment
10 printing and/or mailings CITY may want COUNTY to perform at
S
11 CITY expense.
12 (d) Be responsible for replies to CITY taxpayer inquiries and
13 requests for CITY CSA 152 budget information and NPDES Program
14 j within CITY boundaries.
15 (e) Provide COUNTY with CITY telephone numbers and public forum
i
16 ` dates for CITY taxpayer inquiries on CITY CSA 152 program and for
17 inclusion on CITY CSA 152 assessment mailings or proposed
181
assessment increases by February 15 of each year, and keep such
19, numbers updated as necessary.
i
201 2. FEES AND PAYMENT. COUNTY shall administer CSA 152 for the benefit of
21 ! COUNTY and CITY. CITY share of annual CSA 152 administration shall be a six percent
221 (6°!o) fee of CITY CSA 152 annual budget.
I
23 A. CITY shall be responsible for payment to COUNTY, at cost, for services that
I
24 require:
25 (1) COUNTY to provide information, billings tapes, data changes, corrections,
26 refunds, issuances of new CITY tax or revisions to CITY. COUNTY shall
17
28 4
243
I provide an itemized 'billing of completed work to CITY.
2 (2) COUNTY to perform printing and/or mailing of proposed tax assessment
3 rates of CITY assessed parcel numbers.
4 ;. SHARE OF COSTS. In the event CSA 152 requires the services of a consultant, as
5 mutually determined by COUNTY and CITY, to prepare manuals and/or perform studies
6 such as, but not limited to, management audits and fiscal reports that are relevant to the
7 entire CSA 152 boundary, the cost of said consultant services will be shared by COUNTY
8 and CITY using the methodology of this Section.
9 A. Share of Cost Methodology. The individual percentage contribution from
10 COUNTY and CITY shall be a function of population. Convibution shall be calculated as
11 the population of COUNTY or CITY, divided by the aggregate total population of all CSA
12 152 members, thusly:
13 (1) Contribution Xn/Xt
14 Xn = population of COUNTY or CITY
15 Xt = total population of all CSA 152 rnembers combined.
16 (2) The population of COUNTY, CITY and CSA 152 member cities will be
17I based on the latest California State Department of Finance population figures
181 issued in May of each year.
191I
i B. COUNTY shall keep CITY apprised and notified of COUNTY requests for
20II proposal (RFP), selection of consultant, consultant's fee, any contract timetables and
21 I consultant schedule of payments.
22., 4. TERM OF AGREEMENT. The term of this Agreement shall commence on the date
i
23 ;' the last duly authorized representative of COUNTY or CITY executes it. The term of the
24 i agreement shall be indefinite or as long as required for the Clean Water Act.
25 5. WITHDRAWAL FROM AGREEMENT. Either Party may withdraw from this
26 ! Agreement thirty (30) days after giving written notice to other Party. In event withdrawal
li
7i
28 5
244
I becomes effective, withdrawal shall constitute forfeiture by the withdrawing party of its share
r
2 of costs and administrative fees paid as described in Sections 2 and 3 of this Agreement up
3;i to the effective date of withdrawal, The withdrawing party shall be responsible for all
t
41 lawfully assessed penalties as a consequence of withdrawal.
5 6. AMENDMENTS TO THE AGREEMENT. This Agreement may be amended by
6 mutual consent of the parties to the Agreement. No amendment to this Agreement shall
7 be effective unless it is in writing and signed by the duly authorized representatives of the
8I parties.
9 i 7. NOTICES. AlI notices shall be deemed duly given when delivered by hand; or five (5)
10 days after deposit in the U. S. mail, postage prepaid.
t
11 ! 8. GOVERNING LAW. This Agreement will be governed and construed in accordance
12 i' with laws of the United States and the State of California. If any provision or provisions
I I of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality
14 and enforceability of the remaining provisions shall not in any way be affected or impaired
i
15 hereby.
16" 9. CONSENT TO BREACH NOT A WAIVER. No term or provision hereof shall be
17;� deemed waived and no breach excused, unless such waiver or consent is in writing and
I
18111, signed by the party so waiving or consenting. Any consent by any party to, or waiver of, a
19I' breach by the other party, whether expressed or implied, shall not constitute a consent to,
20 waiver of, or excuse for any other different or subsequent breach.
21 10. APPLICABILITY OF PRIOR AGREEMENTS. This Agreement and the Exhibits
22 attached hereto constitute the entire agreement between the parties with respect to the
23 subject matter; all CSA 152 prior agreements, representations, statements, negotiations and
24 i understandings are superseded hereby.
25 11. HOLD HARMLESS. Each Party shall indemnify and hold harmless the other party
I
26 from liability or damages resulting from its own acts or omissions including those of its
'7I
281 6
245
BUDGET FORMAT'
CITY CSA 152 (NPDES)
FY
APPROPRIATIONS°
Storm Drainage System Inspection
(36" and larger)
Initial Inspection
Underground/Open Channel
Water Quality Testing
Document Violations
Inspection Preparation. Plan
Uodatine Construction/
Facilities Drawings
EXHIBIT A
Drainage Area Management Plan (DAMP) -
DAMP Preparation ----
Implementation of Best Management Practices (BMPs)
Inspection Forms for Building/Public
Works Inspectors ----
Additional Catch Basin Maintenance ----
Additional Street Sweeping in Industrial/
Commercial/Central Business Areas ----
Administration of Volunteer Catch Basin
Basin Stenciling ----
Development of Grading Ordinance ----
Develop BMP Manual for New Development ----
Inspection of Construction Sites for
Compliance of Grading Ordinance ----
Testing of Sediment in Sediment Basin ----
Spot Inspection of Commercial/Industrial
Areas for Illegal Dumping
Education
Pesticide Training for City Personnel ----
Permit Training Requirements for Inspectors,
Plan Checkers, Engineers and Planners ----
Training for Review/Inspection of BMP and
Inspection for Illegal Dumping ----
Utility Bill Inserts with information on
Impacts of Fuel Spills, Illegal
Dumping, Erosion, etc.. ----
.• 246
I officers or employees in the performance of this Agreement.
2 IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first
3 above written.
4 CITY OF LA QUINTA
5 ATTEST:
6 City Clerk L7 BY�(�_1 _
8 Mayor
91 ;9
10
11 ;! City Manager
12 j; Form Approved
13 County Counsel
14 COUNTY OF RIVERSIDE; racsimile Signature
affixed by Clerk oe,
15I $`(—/�� y �f"4 on behalf of CSA 152 .'.ec. 25103 Gov. Code
16 Deputy 812404
17,,
;I —
18 Chairman, Board of Supervisors
I KAY C-INICEROS
1911
20 .ATTEST:
I
2111 Gerald A. Maloney
I
22 Clerk of the Board
23
24 Deputy
25 /
26 /
)7
I
28 7
n ' 247
NOV f fs
&,17
TjhroFfaCi"
COUNCILIRDA MEETING DATE: July 6, 2010
ITEM TITLE: Authorization for Overnight Travel for
Assistant City Manager — Development Services and
Two Economic Development Project Managers to Attend
the ICSC Western Conference in San Diego on
September 22 — 24, 2010
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 14
STUDY SESSION:
PUBLIC HEARING:
Authorize Overnight travel for Assistant City Manager — Development Services and
two Economic Development Project Managers to attend the International Council of
Shopping Centers ("ICSC") Western Conference in San Diego on September 22 — 24,
2010 (Attachment 1).
FISCAL IMPLICATIONS:
The Fiscal Year 2010-2011 Budget has allocated funds for travel, training and
meetings for staff. Costs associated with attending the trade show will be funded
from account number 101-1003-413.51-01 — Travel, Training & Meetings.
Attendance ($3,000 out of International Shopping Center Convention — San Diego, CA
and $585 out of Promotional meetings (Economic Development, Business Outreach,
etc.) at this conference is estimated to be $1,195 per person for a total of $3,585
based upon the following costs:
Conference $ 300
Lodging/Parking/Tax $ 560
Meals (3 days x $75) $ 225
Mileage $ 110
Total $1,195
CHARTER CITY IMPLICATIONS:
None.
'' 248
BACKGROUND AND OVERVIEW:
ICSC is the global trade association of the shopping center industry. Its members
include shopping center owners, developers, managers, marketing specialists,
investors, lenders, retailers and public officials. ICSC holds an annual "Western
Division Conference and Deal Making" trade show and one -day exposition. Every year,
the City sends several representatives to set-up and work a booth at the exposition as
part of its economic development efforts.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include
1. Authorize overnight travel for Assistant City Manager — Development Services
and Two Economic Development Project Managers to Attend the International
Council of Shopping Centers ("ICSC") Western Conference in San Diego on
September 22 — 24, 2010; or
2. Do not authorize overnight travel for Assistant City Manager — Development
Services and Two Economic Development Project Managers to Attend the
International Council of Shopping Centers ("ICSC") Western Conference in San
Diego on September 22 — 24, 2010; or
3. Provide staff with alternative direction.
Respectfully --submitted,
Douglas R vans
Assistant City Manager — Development Services
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Conference Program Description
" 249
Confe
Ml
eal �kirr
an Diego
ATTACHMENTI
0a o
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9
2010 Preliminary
Diego onvention
Diego,
ember 2 24, 2010
PO pu9usi
aMMORM U
Re9�st"d9e i� Fe mtl\_t r
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v�Vlall' , I�SC•
£tl ;P.O.Box
a � l'`New.Yor
*REGISTRATIONFI
;Ai
"Non Member
Fein
`'Stl�dent Member^
ti ^awT� y
ans only)
Photo ID badges required
for 2010 Western Division Conference
All attendees and exhibitors are required to have
an ICSC-issued color photo badge for access to
the 2010 ICSC Western Division Conference and
Deal Making, September 22-24 at the San Diego
Convention Center, San Diego, California. Badges
will be mailed out in advance for those who
register and submit an acceptable photo
by August 7, 2010. Go to the ICSC website to
register and submit a photo—w ..icsc.org/2010ws.
' ti` k u -tea" rat r , 44' ` vern%
❑ Member* ❑ Non -Member ❑ Student Member
City St t /P o 'nc Z'o/P tal C d
Email Address Your membership I.D. #
❑ Please check here if any of the above information has recently changed.
METHOD OF PAYMENT
❑ Check or money order made payable to ICSC enclosed for $
❑ MasterCard ❑ Visa ❑ AMEX ❑ Discover $
in
�L l(
rn
es
tr
Credit Card Number (include a11 d'a't I Expiration Date !M /Y1
Signature
6 (2010wsA)
'• 1.251
T4hr4sa4"
COUNCIL/RDA MEETING DATE: July 6, 2010
ITEM TITLE: Approval of Travel for the Assistant City
Manager — Development Services and One Council
Member to Attend a Hearing on AB 288 in Sacramento,
California on June 29, 2010
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approval of Travel for the Assistant City Manager — Development Services and One
Council Member to Attend a Hearing on AB 288 in Sacramento, California on June 29,
2010.
FISCAL IMPLICATIONS:
The Fiscal Year 2009-2010 Budget has allocated funds for travel, training and
meetings for staff. Costs associated with attending the hearing for the Assistant City
Manager -Development services to be funded from account number 101-1003-413.51-
01 (Travel, Training and Meetings) and account number 101-1001-411.51-01
(Legislative Program's Travel and Training) for the Council Member. Attendance at this
hearing is estimated to be $485 per person based upon the following costs:
Travel $410
Meals $ 75
Total $485 x 2 = $970
Pursuant to the City's Travel Policy, out-of-state travel, round trips over 300 miles, or
trips involving overnight stay must normally be approved by the City Council in
advance. However, Section 3 of the Policy states that: "If time does not permit City
Council approval, the City Manager may authorize the travel request. The City
Manager is then required to notify the City Council of the authorized travel and the
circumstances which prevented City Council review/approval."
252
Notice of the hearing on AB 288 was not given with sufficient time to seek prior
approval from City Council.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Council member Terry Henderson and Assistant City Manager — Development Services
Douglas Evans are traveling to Sacramento on June 29, 2010 to testify before the
Senate Committee on Transportation and Housing in support of Assembly Bill 288, co-
sponsored by Assemblyman Brian Nestande and Assemblyman V. Manuel Perez.
Assembly Bill 288 authorizes the use of pooling existing, local redevelopment agency
housing set aside funds by multiple redevelopment agencies to build emergency
shelters and transitional housing for the homeless in the Coachella Valley. The bill also
would allow use of Riverside County housing set aside funds within the Coachella
Valley cities named in the bill. The bill has received support from the Coachella Valley
Association of Governments, Coachella Valley Regional Housing Trust Corporation,
Coachella Valley Rescue Mission, Martha's Village and Kitchen, and the majority of the
cities named in the bill.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1 . Approve Travel for the Assistant City Manager — Development Services and One
Council Member to Attend a Hearing on AB 288 in Sacramento, California on
June 29, 2010; or
2. Do not approve Travel for the Assistant City Manager — Development Services
and One Council Member to Attend a Hearing on AB 288 in Sacramento,
California on June 29, 2010; or
3. Provide staff with alternative direction.
Respect ly u fitted,
Douglas R vans
Assistant City Manager — Development Services
Approved for submission by -
Thomas P. Genovese, City Manager
253
SOFT
COUNCIL/RDA MEETING DATE: July 6, 2010 AGENDA CATEGORY:
BUSINESS SESSION:
ITEM TITLE: Denial of Claim for Damages Filed by: Paul CONSENT CALENDAR:
Levenson; Date of Loss — March 11, 2010
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Deny the Claims for Damages filed by Paul Levenson; Date of Loss — March 11,
2010.
FISCAL IMPLICATIONS:
The total amount of the claim is undetermined.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
A claim was filed by Paul Levenson, with a reported date of loss of March 11, 2010
(Attachment 1). The claim was forwarded to Carl Warren & Co., the City's claims
administrator. Carl Warren & Co. has reviewed the matter and recommends that the
City Council deny the claim.
171i<I�II�Ld;�1JI7e\���:1�/ell\�L��
The alternatives available to the City Council include:
1. Deny the Claim for Damages filed by Paul Levenson, with a reported date of
loss of March 11, 2010; or
251
2. Accept the claim, or some portion thereof; or
3. Provide staff with alternative direction.
Respectfully submitted,
AL(
Bret M. Plumlee,
Assistant City Manager — Management Services
Approved for submission by:
( ?4 �
Thomas P. Genovese, City Manager
Attachment: 1. March 11, 2010 Claim for Damages
to 255
ATTACHMENT 1
May 2, 2010
City Manager's Office
And City Clerk
La Quinta Civic Center
78-495 Calle Tampico
La Quinta, CA 92253
Dear City Manager and City Clerk,
According to County of Riverside traffic accident report (LA100700041 which we received two
weeks ago due to waiting so long for them to type it up) on March 11`h this year at the
intersection of Calle Tampico and Seasons Way when there was an annual arts festival and the
temporary STOP sign was at this intersection, we were involved in bad automobile accident as
we stopped at this STOP sign and the driver of his vehicle (behind our car) did not stop at all
and rearended our car so badly as that driver did not see the temporary STOP sign prior to
rearending us SO HARD. We (both my wife, Leslie, as a passenger and I as the driver) were
injured (my wife has neck and back pains and I have severe neck pain and am wearing the neck
brace and may have the surgery in near future) and also our car was the total loss. We made
the long way to this arts festival from San Fernando Valley (northwest of Los Angeles) about
155 miles.
My complaint for your city is that there was no traffic patrol person at the time of accident at
this intersection (Calle Tampico and Seasons Way) for this big event and also the temporary
STOP sign might not be tall enough for some drivers. In other words, had the traffic patrol
person available there and the temporary STOP sign were tall enough, this type of accident
would not have occurred. (We have been at your arts festival a few years ago and enjoyed it
and we are very disappointed this time about our recent accident). I would like you to resolve
this situation and make sure it will not happen again and also would like some type of
settlement from your city.
Thank you,
Paul Levenson
10315 Gothic Ave.
Granada Hills, CA 91344
818-294-7567
256
o�L o Pa�
�z
F`y OF
COUNCIL/RDA MEETING DATE: July 6, 2010 AGENDA CATEGORY:
ITEM TITLE: Approval to Reject Bids, and
BUSINESS SESSION: _
Authorization to Re -Advertise a Contract to CONSENT CALENDAR: J9
Construct the Sports Complex Rehabilitation Project STUDY SESSION:
No. 2007-19 and Appropriation of Funds if
Applicable PUBLIC HEARING:
RECOMMENDATION:
Reject all bids and authorize staff to re -advertise for bid the Sports Complex
Rehabilitation Project No. 2007-19 (Attachment 1)-
FISCAL IMPLICATIONS:
The Fiscal Year 2007-2008 Carryover Capital Improvement Program (CIP) Budget
(Account No. 401-1771-551.00) includes funding for the construction of the
Sports Complex Rehabilitation. The project breakdown was as follows:
Technical Services & Design $117,368
Construction $367,666
Contingency $108,020
Administration $25,457
TOTAL $618,51 1
The updated Engineer's Estimate for construction prepared by David Evans and
Associates is $893,406 and all other line items will remain the same making the
total project cost $1,144,251. The cost estimate for the Sports Complex
renovation increased from the original budget due to needs that were determined
from the Community Works Needs Analysis. This increase in the scope of work
includes a prefabricated restroom, more shade structures, and seating.
Additionally, there was an increase due to costs that would have been shared
between the City and Desert Sands Unified School District (DSUSD) such as
mobilization, demolition, grading, and infrastructure.
257
Based on the engineer's estimate, the following is the estimated project budget:
Design:
$90,242
Inspection/Testing/Survey:
$27,126
Construction:
$893,406
Administration:
$25,457
Contingency:
$108,020
Total: $1,144,251
A revised budget will be prepared once the lowest responsive bidder is determined.
As illustrated, a shortfall in the amount of $525,740 exists between the approved
funding for construction and the Engineers Estimate for construction. Considering
the short fall is based on the Engineer's Estimate and not actual contract bids, staff
is not recommending an appropriation at this time. The Quimby Fund has available
reserves to fund this appropriation. Once bids have been opened, staff will bring
back a request for an appropriation from the Quimby Fund based on the bid results
along with the award recommendation.
CHARTER CITY IMPLICATIONS:
The Sports Complex Rehabilitation Project Account No. 401-1771-551.00 has
funding from both Quimby Funds and Redevelopment Agency Project Area No. 1
Funds. Therefore, this will be a prevailing wage project.
BACKGROUND AND OVERVIEW:
The La Quinta Sports Complex was built in 1988 and is owned by DSUSD. This
facility is currently being maintained by the City per the November 3, 1987 Joint -
Use Lease, the August 7, 1990 Agreement, and the November 1, 1994
Amendment to the Maintenance Agreement between the City and DSUSD. The
Sports Complex has very heavy use with 1,500 youth playing baseball and softball
each year. This location is also used for youth football in the fall.
On February 6, 2007, the City Council approved a Professional Services Agreement
(PSA) for the La Quinta Sports Complex Needs Analysis and Rehabilitation Plan,
Project No. 2006-17, with Community Works Design Group.
On May 1, 2007, the City Council adopted Resolution No. 2007-042 approving the
Fiscal Year 2007-2008 through 2011-2012 CIP and Making Certain Findings
Pursuant to Health and Safety Code Section 33445(a). The Agency made similar
258
findings and approved the use of Agency funds for this project on May 1, 2007.
The La Quinta Sports Complex Rehabilitation was included within the adopted CIP.
Community Works Design Group conducted several stakeholder meetings with the
sports associations, DSUSD, and City staff to identify needs for the facility. A site
inventory was conducted and a sports field assessment on the turf conditions was
provided by PRZ Sports Turf Consulting. Based on their findings, Community
Works developed a Preliminary Master Plan for the entire project with the costs
being shared between the City and DSUSD.
In the spring of 2009, DSUSD decided to delay their portion of the renovations for
the La Quinta Sports Complex. Staff was told this decision was due to DSUSD's
financial concerns regarding their Measure K funding. Since DSUSD decided not to
participate in the Sports Complex renovations at this time, staff and Community
Works Design Group updated the Master Plan to only include La Quinta's portion of
the project also referred to as the "Core Area."
On October 6, 2009, City Council approved a PSA with David Evans and
Associates, Inc. in an amount not to exceed $90,242 for the PS&E for the La
Quinta Sports Complex Rehabilitation, Project No. 2007-19. The PS&E was based
on the findings of the Sports Complex Needs Analysis and Master Plan for the
"Core Area" that was conducted by Community Works Design Group.
This project was initiated due to the need to improve facility conditions including
several safety issues and to support the increased volume of players and
spectators. Since a new sports complex will not be developed in the near future,
the existing facilities need renovation to make them function more effectively for
the users.
On June 30, 2010, eight (8) sealed bids were received for the construction of this
project. Davis Reed Construction, Inc. submitted the lowest apparent bid in the
amount of $633,993. During the due diligence process staff determined the bid
submitted by Davis Reed Construction, Inc. did not comply with the bid
requirement that the prime contractor perform a minimum of 50% of all contract
work with its own forces. Staff reviewed the second and third bid lowest bid
submittals and found critical errors associated with both these bids. Upon review
of the remaining bids, staff discovered that the majority of the bids received
contained multiple math errors and, therefore, recommends City Council reject all
bids and authorize staff to re -advertise the project.
Contingent upon City Council's authorization to reject all bids and re -advertise the
project on July 6, 2010, the following is the anticipated project schedule:
259
City Council Rejects Bids
Project is Re -Advertised for 21 Calendar Days
City Council Awards Contract
Sign Contracts and Mobilize (10 Working Days)
Construction (70 Working Days)
Project Close-out
FINDINGS AND ALTERNATIVES:
July 6, 2010
July 7 — July 27, 2010
August 3, 2010
August 3 - 15, 2010
August - November, 2010
December, 2010
The alternatives available to the City Council include:
1. Reject all bids and authorize staff to re -advertise for bid the Sports Complex
Rehabilitation Improvements, Project No. 2007-19; or
2. Do not reject all bids and do not authorize staff to re -advertise for bid the
Sports Complex Rehabilitation Improvements, Project No. 2007-19; or
3. Provide staff with alternative direction.
Respectfully submitted,
4mothy . Jon sson, P.E.
Public Wo Dir ctor/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Vicinity Map
260
ATTACHMENT 1
2
Z
T4t!t 4 4 Quilam
COUNCIL/RDA MEETING DATE: July 6, 2010
ITEM TITLE: Consideration of Appointments to Housing
Commission and Investment Advisory Board
RECOMMENDATION:
Approve the selection of:
AGENDA CATEGORY: /
BUSINESS SESSION: 1
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
1) One tenant appointee to a two-year term on the Housing Commission;
2) Two appointees to three-year terms (one unexpired term and one full, three-year
term) on the Investment Advisory Board.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On June 1, 2010, the City Council directed the City Clerk Department to advertise for
applicants to fill two remaining vacancies on the Investment Advisory Board and one
tenant vacancy on the Housing Commission. On June 5 and June 17, 2010, a notice
was published in The Desert Sun with a deadline for receiving applications of June 25,
2010, at 5:00 p.m.
For clarification, one of the two appointments to the Investment Advisory Board is a
three-year term expiring June 30, 2012, due to former Board Member Olander no
longer meeting the residency requirement.
,° 262
The following Board and Commission had vacancies as of June 30, 2010:
1. Housing Commission — one (1) Tenant vacancy
An application has been received for the tenant position from Esperanza
Polanco. (Attachment 1)
2. Investment Advisory Board — Two (2) vacancies
Applications have been received from Frank Blum and Kurt Mortenson.
(Attachment 2)
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the selection of one tenant appointee to the Housing Commission to a
two-year term expiring June 30, 2012; and two appointees to the Investment
Advisory Board, one to an unexpired three-year term expiring June 30, 2012,
and one to a three-year term expiring June 30, 2013.
2. Do not approve the selection of one tenant appointee to the Housing
Commission to a two-year term; and two appointees on the Investment
Advisory Board to three-year terms.
or
3. Provide staff with alternative direction.
Respectfully submitted,
Veronica J. ontecino, CIVICCity Clerk
Approved for submission by:
Thomas P. Genovese, City Manager
to 263
Attachments: 1. Housing Commission Application
2. Investment Advisory Board Applications
R
ATT,ACTH EV )T 1
Date:
CITY OF LA QUINTA
RECEIVEAPPLICATION TO SERVE
2010 MY 1 ON THE RECEIVED
�A�UMA HOUSING COMMISSIWI JUN 2 BM 10 38
CITY OF LA QUINTA
NAME: E_AJ�VILHIK1S;�OF�IC
HOME ADDRESS:551jq 1 AV YIiC" Cj
(Must be a La Quinta resident
CITY OF LA QUINTA
eligible to vote in the City.)
I
TELEPHONE``: --(HOME) -700 / 5toq— 9 169 BUSINESS: -7(pQ) QQ Z' 000L _
EMAII_At 'L�IiJ fJ(? j 1 Ve , CC) FAX: t4 ZA BUSINESS ADDRESS 555DCj I A\IiX i& I`Ack(t i ne-L UC:( ou A1 a q Z �'
IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD -Pbb co'S
LENGTH OF RESIDENCE IN LA QUINTA: r5, M 0S .
Which position are you applying for: Non -tenant ✓ Tenant Tenant age 62 +
Biographical sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
10Yltfii. Svf-, CxS
265
APPLICATION, HOUSING COMMISSION
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta Housing
Commission.
What specific issues or problems face the La Quinta Housing Commission and do you have any
suggestions to address those issues or problems?
What specific attitudes, skills and/or expertise do you think you have which would enhance the work
of the La Quinta Housing Commission?
PLEASE RETURN THIS APPLICATION TO:
CITY CLERK DEPARTMENT
78495 Calle Tampico
P. O. Box 1504, La Quinta, CA. 92247
Thank you for your willingness to service your local government.
266
ATTACHMENT 2
Date: June 1, 2010
RECEIVED
CITY OF LA QUINTA10 JUN 2 Ail 11 99
APPLICATION TO SERVE
ON THE CITY OF LA QUINTA
LA QUINTA INVESTMENT ADVIS'0RYC9 DpFFICE
NAME: Kurt Mortenson
HOME ADDRESS: 47535 Via Montigo La Quinta, CA 92253
(Must be a La Quinta resident and eligible to vote in the City.)
TELEPHONE: (HOME)760564-2280 BUSINESS:760-340-3770
EMAIL: oofda@aol.com FAX: 760-340-3889
BUSINESS ADDRESS: 73271 Fred Waring Dr. Ste 103 Palm Desert, CA 92260
IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD
Praxis Wealth Management, Inc President
LENGTH OF RESIDENCE IN LA QUINTA: 1989
HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? Yes
Biographical sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
have been in financial services for 30 years. Prior to Praxis I was Senior Vice President — Wealth
Management at Morgan Stanley Smith Barney. I completed my undergrad at Concordia College, Moorhead,
MN and attended the University of California Riverside A. Gary Anderson MBA Entrepreneurial Program.
Showing further dedication to my practice, I recently attained my Certified Financial Planner designation and
my Accredited Estate Planner credentials. I have my FINRA Series 3, 7, 63 and 65 licenses and also have a
State of California Insurance license.
served on the La Quinta Investment Advisory Board in 2002 and 2003.
to.. ^ 267
APPLICATION, INVESTMENT ADVISORY BOARD
PAGE 2
Describe your knowledge of the functions ranrllatinnc .., 4
r-----•-- -. ...., -u .xunua nlvcJL111Glil
served previously on the LQ IAB, I am familiar with the functions, regulations and procedures.
IA/h74 cncn:f..
I _ __.- .____..... r.wy,�l„� 1Cn U U1C Le IJWnIa MVPSTMAnT L Mllj¢nni W—A —A A. .. 1
suggestions to address those issues or problems? olw " yUU have dny
These are exceptionally volatile times. Interest rates are at historic lows and risks are at historic highs. Focusing on capital
preservation should be our primary focus.
cnpul uaL; uU y0U IrIInK y0U nave WnICh Would Pnhanra tha uTnr4 r
L_ 1
— — vL 1I111La 111vubuilenl Aavisory t3oardr?
I have been working with investments for three decades.
r"r-M7C me I UKN I Hi i APPLICATION TO:
CITY CLERK DEPARTMENT
78-495 CALLE TAMPICO, LA QUINTA
P. O. BOX 1504, LA QUINTA, CA. 92247 tt
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT
Office Use Only:
Background
«. " 268
Date: June 7, 2010
RECEIVED
2010 JUN 7 CITY OF LA QUINTA
N"bRMCATION TO SERVE
CITY OF LA QUINTA ON THE
CI111aQ14KT4-ESTMENT ADVISORY BOARD
NAME: Frank P. Blum
HOME ADDRESS: 47840 via Livorno, La Quinta, CA 92253
(Must be a La Quinta resident and eligible to vote in the City.)
TELEPHONE: (HOME) 760-564-2410 BUSINESS: 760-701-9146
EMAIL: fblum@dc.rr.com FAX: 760-564-4559
BUSINESS ADDRESS: 78000 Fred Waring, Suite 200, Palm Desert, Ca 92211
IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD:
LENGTH OF RESIDENCE IN LA QUINTA: six years
HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? No. but I shall attend 6.9.2010
Biographical sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
see the attached Resume
269
FRANK P. BLUM
47840 Via Livorno La Quinta, CA 92253 760-701-9146
EDUCATION: Bachelor of Arts Degree in Economics,
California State University, Long Beach
Frank Blum has twenty-five years experience in banking, equity and debt financing, land
acquisition, entitlement, construction, marketing, project management; development of multi
family, commercial, single-family housing and real estate sales & acquisition. Skilled in
conducting feasibility studies, cost break down analysis, ROI, and budget analysis. Experienced
in property acquisition, land acquisition and entitlement, including presentations before planning
commissions and city councils for entitlements.
EMPLOYMENT:
June 2004 COLDWELL BANKER Relocated to the Coachella Valley and joined Coldwell
Banker Commercial. Represent buyers and sellers, landlords & tenants for commercial property,
apartments, raw land and subdivisions. Responsibilities include leasing The Atrium, a 61,000
sq.ft. Mall in Rancho Mirage.
2002 to 2004 REXFORD CAPITAL/George Smith Partners. Broker private and institutional
equity to builders & developers in Southern California. Focus was to builders that build between
25 and 500 homes, Condominiums or Town homes per year.
2001 to 2002 GRANITE INVESTMENT GROUP. Director Capital Formation.
Responsible for underwriting projects and raising equity and mezzanine financing for this
$700,000,000 apartment house owner, including the financial modeling. The company acquires
and repositions 100 to 500 unit multifamily apartment buildings in the western states. The
emphasis was to establish relationships with Wall Street and Pension Fund equity sources.
1998 to 2001 WASHINGTON MUTUAL BANK. Manager Inland Empire construction
lending division. Responsible for opening and developing the Riverside county region to
medium and large privately owned builders and developers. Duties included origination;
underwriting and loan management. Reporting included monthly and quarterly status, financial
stability and completition probability. Conducted and supervised the valuation, due diligence,
financial modeling, and capital structure analysis. Project financing included land acquisition,
development and construction. This division had the responsibility of developing $150,000,000
annually.
Page 2
270
1972 to 1999 B.E. DEVELOPMENT/ REXFORD CAPITAL. Owner. Developer.
Responsible for development of multi -family, high end single-family detached housing, and
commercial projects. Financial responsibilities included raising equity capital from high net
worth individuals. The duties included land acquisition, entitlement, financing, bidding and
managing all phases of the project from acquisition through construction and sale, including
presentations before planning commissions and city councils for approvals. Projects include
acquisition, renovation, financing and sale of multi -family units, a commercial strip center in
Long Beach, a PUD in the city of Orange and the construction and sale of waterfront homes in
the Naples area of Long Beach and Huntington Harbor, Huntington Beach (price range $800,000
to $3,000,000).
CIVIC ACTIVITIES
LaQuinta Rotary, President 09/2010. Treasurer 06/07, Secretary 07/08.
LaQuinta Chamber of Commerce, member Board of Directors 2009
III) Board member Energy Consumer Advisory Commission. (ECAC) 2008
Member, International Council of shopping Centers.
Past Member, Building Industry Association, National & Southern California.
Past Member, Mortgage Bankers Association.
Past -President Bixby Hills Community Association.
Past -President, Presidents Associates, CSULB.
Past -President, CSULB Athletic Foundation.
Past -Vice President Long Beach Rotary.
Board of Directors, Long Beach community Hospital Foundation
Board of Directors, Membership Chairman, Long Beach Grand Prix.
Board of Directors Long Beach Queen Mary
Board of Directors, Boys Scouts of America.
Board of Directors, Long Beach City College Foundation, Chairman Audit Committee.
271
APPLICATION, INVESTMENT ADVISORY BOARD
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment
Advisory Board.
My knowledge of the functions and regulations is limited to the published material. The principal functions are: To annually
review the city's investment policy and recommend appropriate changes; review monthly treasury report and note
compliance with the investment policy and adequacy of cash and investments; receive and consider other reports provided
by the city treasurer; meet with the independent auditor and review the annual audit, internal controls and findings for cash
and investment activities; serve as a resource for the city treasurer proposed investments, controls, use of financial
institutions, custodians and broker dealers.
What specific issues or problems face the La Quinta Investment Advisory Board and do you have any
suggestions to address those issues or problems?
Not having served or attended a meeting I am unaware of current issues or problems. As a board member of a financial
entity I would use common sense and conservative judgement in my decision making.
What specific attitudes, skills and/or expertise do you think you have which would enhance the work of
the La Quinta Investment Advisory Board?
I have served on several boards of foundations and have chaired audit committee's. I am able to read and understand
financial statements. My experience at Washington Mutual Bank required that I develop financial models and monitor
project financial progress and compliance to loan requirements.
PLEASE RETURN THIS APPLICATION TO:
CITY CLERK DEPARTMENT
78-495 CALLE TAMPICO, LA QUINTA Submit Applcatiori
P. O. BOX 1504, LA QUINTA, CA. 92247
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT
Office Use Only.
Background verification:
T4t�t 4 Qum&
y OF
AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: July 6, 2010 BUSINESS SESSION: _C5��
ITEM TITLE: Consideration of Approval of Plans,
Specifications and Engineer's Estimate and Advertise
for Bids the Slurry Seal and Re -striping of Avenida
Bermudas, Project 2010-12
RECOMMENDATION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve the plans, specifications and engineer's estimate (PS&E) and advertise for
bids the slurry seal and restriping of Avenida Bermudas from Calle Durango to Calle
Arroba.
FISCAL IMPLICATIONS:
The cost to sandblast the existing striping and restripe Avenida Bermudas is
approximately $10,500. The cost to slurry seal Avenida Bermudas prior to
applying the new striping is approximately $48,000. The funds would come from
Fiscal Year 2010-201 1 Public Works Department Maintenance Division Budget.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
At a City Council study session on June 15, 2010, staff presented three different
striping configurations to the City Council to address speeding complaints that had
been expressed by residents who own homes fronting Avenida Bermudas south of
Avenue 52. City Council discussed these alternatives and asked staff to bring back
the proposed striping configuration shown in Attachment 1 for formal approval on
July 6, 2010. The proposed alternative has also been reviewed and approved by
the police department.
The current plans would restripe Avenida Bermudas south of Avenue 52 from Calle
Durango to Calle Arroba to two travel lanes for northbound and southbound traffic
273
as currently exist today; however, the travel lanes would be narrowed to eleven
feet (Attachment 1). The remaining street width would be utilized to provide an
eight -foot wide parking lane on the west side of Avenida Bermudas in front of the
existing homes and two six-foot wide combination bike and golf cart lanes on both
sides of Avenida Bermudas.
Currently 11 foot travel lanes exist in the middle (No. 2) lanes on Washington
Street between Avenue 47 and Avenue 50 as well as on Washington Street
between Hovely Road and Country Club Drive. The City has also used 11 foot
lanes extensively for left hand turn lanes on arterials. 10.5 foot lanes exist for
eastbound and westbound traffic on Fred Waring between Eldorado Street and
California Street in Palm Desert and Indian Wells.
The removal of the existing striping will leave marks on the pavement that may
confuse drivers. Staff recommends that in order for the restriping project to be
appropriately implemented, Avenida Bermudas should be slurry sealed prior to
striping the new lane configurations. The slurry seal will cover the marks left by
the sandblasting of the existing striping and provide a clearer delineation of the
lanes. Avenida Bermudas was last resurfaced in 2000.
Post Project Implementation Technical Analysis
The existing posted speed limit is 45 mph. Once the new striping has been
implemented, a new speed survey will be conducted to determine the appropriate
speed limit. If the speed surveys support the posting of a lower speed limit, an
item will be brought back to City Council for approval of the new speed limit. Staff
will also conduct traffic counts to determine if there has been any shift in the
traffic patterns on Avenida Bermudas, and Eisenhower Drive.
Contingent upon City Council authorization to advertise the project for bid on July
6, 2010, the following is the anticipated project schedule:
City Council Approves PS&E
Project is Advertised
City Council Awards Contract
Sign Contracts and Mobilize
Construction (15 working days)
Project Closeout
July 6, 2010
July 7, 2010 to July 29, 2010
August 3, 2010
August 17, 2010 to September 7, 2010
September 7, 2010 to September 28, 2010
October, 2010
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the PS&E and advertisement for bids for the slurry seal and
restriping of Avenida Bermudas from Calle Durango to Calle Arroba; or
2. Approve implementation of the proposed striping design only: or
3. Do not approve the proposed striping configuration and application of a
slurry seal for Avenida Bermudas from Calle Durango to Calle Arroba; or
4. Provide staff with alternative direction.
Respectfully submitted,
Ti othtRaA .ECPublic ity Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Proposed Striping Configuration for Avenida Bermudas
215
tz
�OF1
COMMISSION MEETING DATE: July 6, 2010
ITEM TITLE: Consideration of a Temporary Art
Donation and Approval of an Agreement for
Temporary Loan of Artwork with Renee Rauso-
Woodward
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: V
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve a Temporary Art Donation and approve an Agreement (Attachment 1) for
Temporary Loan of Artwork with Renee Rauso-Woodward.
FISCAL IMPLICATIONS:
As part of the Temporary Loan of Artwork the City will provide a plaque identifying the
Artist and the title of the artwork. The approximate cost is $50 and will be funded
from the Art in Public Places Fund, Account No. 270-0000-451.61-10.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On May 11, 2010, the City received a request from Renee Rauso-Woodward to
consider acceptance of a temporary donation of her artwork in one of the City's public
facilities. Ms. Rauso-Woodward included a request letter and photos of the pieces to
be included for the temporary art donation.
Artist Renee Rauso-Woodward would like to provide several pieces of artwork to be
displayed at the Library. Her collection of abstract expressionism with acrylics and
gouache on canvas is titled the "Saving Grace Series." Ms. Rauso-Woodward has
displayed her work at several local businesses including Homec Jewelers, Old Town
Coffee, Solano Bistro, Mass Mutual Financial, and the American Heart Association.
On June 14, 2010, the Community Services Commission approved a recommendation
to the City Council to place four of Ms. Rauso-Woodward's paintings in the main
Library.
277
The four paintings are titled:
• "A Beautiful Mission" 30"x 40" valued at $1,000 (Attachment 2)
• "It Was My Wish" 36"x36" valued at $875 (Attachment 3)
• "A Little Birdie Asked Me How Do You Choose?" 48"x36" valued at $1,300
(Attachment 4)
• "Whenever I Touch" 20"x 16" valued at $675 (Attachment 5)
If approved, the Temporary Art Loan Agreement allows the artist to install the
paintings and have them placed in the Main Library for sixty days.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve a Temporary Art Donation and approve an Agreement for Temporary
Loan of Artwork with Renee Rauso-Woodward; or
2. Do not approve a Temporary Art Donation and approve an Agreement for
Temporary Loan of Artwork with Renee Rauso-Woodward; or
3. Provide staff with alternative direction.
Respectf Ily submitted,
Edie Hylt n
Community Services Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Agreement for Temporary Loan of Artwork
2. "A Beautiful Mission"
3. "It Was My Wish"
4. "A Little Birdie Asked Me How Do You Choose?"
5. "Whenever I Touch"
278
ATTACHMENT 1
AGREEMENT FOR TEMPORARY LOAN OF ARTWORK
This Temporary Loan Agreement ("Agreement") is entered into this _ day of
2010, by and between the City of La Quinta, a California municipal
corporation and charter city ("City"), and Renee Rauso-Woodward ("Artist").
RECITALS
WHEREAS, Artist is the owner of the Artwork described in this Agreement; and
WHEREAS, the City desires to increase public awareness and exposure to the
arts in a cost effective manner for the general welfare and benefit of the City's
residents; and
WHEREAS, City and Artist desire that City temporarily have custody and
possession of the Artwork for the purposes of public display and enjoyment; and
WHEREAS, the City wishes to accept and the Artist wishes to loan on a
temporary basis the Artwork; and
WHEREAS, the parties desire by this Agreement to provide for the parties'
respective interests in the Artwork and for procedures and understandings governing
its use, custody, protection and public enjoyment.
TERMS
NOW, THEREFORE, the parties hereto agree as follows:
1. Description of Artwork. This Agreement pertains to the loan of four
pieces of artwork (collectively referred to in this Agreement as "Artwork"). The
Artwork is more fully and specifically described in Exhibit "A," attached hereto and
incorporated herein by this reference, with reference to their titles, types of work, the
approximate size of each, the appraised value of each, and whether they are dated,
signed, and framed.
2. Duration of Loan. The City shall accept the temporary loan of Artwork
described in Exhibit "A" for a period of two months/years, commencing on August 2,
2010 and ending on the loan termination date of September 30, 2010 (the "Loan
Period"). The Loan Period may be shortened or lengthened in duration by mutual
agreement between the Artist and the City.
3. Location of Artwork. The Artist agrees that the City shall have sole and
absolute determination as to the location and placement of the Artwork. In the event
Artist does not approve of the proposed location, Artist may cancel this Agreement.
279
4. Transport and Installation. All transportation of the Artwork to the City's
site, proper installation, proper de -installation and removal from the City's site shall be
the responsibility of the Artist, at the Artist's sole costs.
5. Condition, Use, and Care of Artwork. Artist certifies that the Artwork is
in good condition unless and except as specifically noted: During the Loan Period, City
shall not loan the Artwork for exhibition or other usage away from the City site
without the prior written consent of the Artist. Upon termination of this Agreement,
City shall return the Artwork to Artist in as good condition as when City took
possession thereof, ordinary wear excepted. Artist shall be responsible for de -
installing the Artwork and for any transportation costs associated with the return of
the Artwork. While the Artwork is in the possession and care of City, the Artist shall
provide City with written instructions for appropriate maintenance of the Artwork.
During the Loan Period, the City shall be responsible for the maintenance of the
Artwork.
6. Insurance for Artwork. The City shall cover the Artwork against damage
or loss in the amount of Three Thousand Eight Hundred Fifty and Zero/100 Dollars
($3,850.00), which the parties agree is the fair market value of the Artwork and the
extent of the City's liability in the event of damage or loss. The City's obligation to
provide coverage is solely for the duration of the Loan Period and only while the
Artwork is located on the City's property, excluding installation and de -installation.
7. Termination. In the event that the City determines, at its sole discretion,
that it no longer desires to display the Artwork, then the City may terminate this
Agreement upon a thirty (30) days notice to the Artist, and the Artwork shall be
removed by the Artist in accordance with the terms stated in Section 4 within twenty-
one (21) days of the Notice of Termination by the City. City shall have the right to
dispose of the Artwork if it has not been removed pursuant to the Notice issued under
this paragraph, or within 30 days after the expiration of the Loan Period where no early
termination notice is provided. Such failure to remove the Artwork shall be deemed to
convert the temporary loan into a permanent donation with the City obtaining full title
to the Artwork.
8. Title to Artwork. Except as provided in Section 9 below, the Artwork
shall remain the property of the Artist. However, by virtue of this Agreement, the City
is entitled to custody and possession, and the Artist agrees to relinquish custody and
possession of the Artwork for the Loan Period described in Section 2 above. The
Artist shall retain all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101
et seq., and all other rights in and to the Artwork except custody and possession,
except as such rights are limited by this Agreement.
9. Sale of Artwork. The Artist may sell the Artwork during the term of this
Agreement and, if sold, may assign his/her rights under this Agreement. However,
under no circumstances shall sale of this Artwork terminate this Agreement or
adversely affect the City's rights hereunder including, but not limited to, the City's
I*.• 280
right to custody and possession. The Artist shall notify the City immediately upon sale
of the Artwork.
10. Warranty of Title and Rights of City. Artist warrants that he/she is the
creator and owner of the Artwork, that to the best of his/her knowledge the Artwork is
not presently subject to claims of ownership, lien or encumbrance or to common law
or statutory copyright claims of any other person, institution, or domestic or foreign
government, and that Artist has complied with all applicable domestic and foreign
customs and export/import regulations. The Artist hereby grants to the City, in
perpetuity, the right to photograph, film, videotape, or otherwise depict the Artwork at
any time during the Loan Period and to use such photographs, film videotapes or
depictions at any time thereafter for purposes of promotion relating to the exhibition or
the City, provided the City gives artistic credit to the Artist concurrently with such
uses.
11. Credit Line and Identification of Artist. During the Loan Period, the City
shall install and maintain a plaque near the Artwork identifying the Artist. In addition,
in any public announcements or promotion of the exhibit or the City that utilize images
of the Artwork, the City shall use the following credit line for the Artwork: What a
Little Birdie Told Me by Renee Rauso-Woodward, on loan to City from the Artist"].
12. Integration. This Agreement, consisting of five pages and one exhibit,
embodies the entire Agreement and understanding between the parties hereto, and
there are no other agreements and understandings, oral or written, with reference to
the subject matter hereof that are not merged herein and superseded hereby, except as
set forth in this Agreement.
13. Amendment/Modification. No alteration, change or modification of the
terms of the Agreement shall be valid unless made in writing and signed by each party
hereto and approved by appropriate action of the City.
14. Non -Waiver. No waiver of performance by either party shall be construed
as or operate as a waiver of any subsequent default of any terms, covenants and
conditions of this Agreement.
15. Governing Law. This Agreement, regardless of where executed or
performed, shall be governed by and construed in accordance with the laws of the
State of California.
16. Venue. In addition to any other rights or remedies and subject to the
restrictions otherwise set forth in this Agreement, either party may institute legal
action to seek specific performance of the terms of this Agreement, to recover
damages, or to obtain any other remedy, at law or in equity, consistent with the
purpose of this Agreement. Such legal actions must be instituted in the Superior Court
of the County of Riverside, in an appropriate Riverside County municipal court, or in
the Federal District Court in the district of California which includes Riverside County.
281
17. No Personal Liability. No elected or appointed official, employee, or agent
of the City shall be charged personally with any liability under any term or provision of
this Agreement.
18. Attorneys Fees. If any party to this Agreement brings a legal action or
proceeding against another party to enforce the provisions of this Agreement, or on
account of a claim or dispute arising out of this Agreement, then the prevailing party in
such arbitration or legal action or proceeding shall be entitled to reimbursement by the
other party of the legal fees and costs, including reasonable attorney fees, incurred by
the prevailing party in connection with the legal action or proceeding.
19. Binding. This Agreement shall be binding upon and shall inure to the
benefit of the City and the Artist and their respective heirs, personal representatives,
successors and permitted assigns.
20. Notices. All notices, requests, demands and other communications which
are required or permitted to be given under this Agreement shall be in writing and shall
be deemed to have been duly given upon the delivery or receipt thereof, as the case
may be, if delivered personally or sent by registered or certified mail, returned receipt
requested, postage prepaid, as follows:
To the City: City of La Quinta
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92247-1504
Attn: Community Services Director
To the Artist: Renee Rauso-Wooward
21. Severability. If any term or provision of this Agreement is declared by a
court of competent jurisdiction to be illegal, void, or unenforceable, that term shall be
severed from and shall not affect the validity and enforceability of the remaining
portions of this Agreement.
22. Headings. The paragraph headings herein are used only for ease of
reference, and do not limit, modify, construe, or interpret any provision of this
Agreement.
23. Assignment. This Agreement may not be assigned, either in whole or in
part, by either party without the express written consent of the other, in advance. The
assignee under any permitted assignment shall have all the rights and remedies of the
original parties insofar as the same are assignable.
,0 282
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA a California municipal corporation
Thomas P. Genovese, City Manager Date
ATTEST:
Veronica J. Montecino, CMC, City Clerk
APPROVED AS TO FORM:
M. Katherine Jenson, City Attorney
ARTIST:
By:
Name:—
Title: —
Date:
283
EXHIBIT "A"
DESCRIPTION OF ARTWORK
The Artist will install four abstract expressionism paintings in the Main Library titled:
"A Beautiful Mission" 30"x 40" valued at $1,000
"It Was My Wish" 36"x36" valued at $875
"A Little Birdie Asked Me How Do You Choose" 48"x36" valued at $1,300
"Whenever I Touch" 20"x 16" valued at $675
All acrylic and gouache paintings are unframed on canvas.
P 284
ATTACHMENT 3
"It was my wish"
36x36
$875
286
"A Little Birdie Asked Me
How Do You Choose?"
48x36 $1300
ATTACHMENT 4
287
11
ATTACHMENT 5
"Whenever I touch"
20A 6
$675
,< 288
ilK
T4tr4 Xiv Q9&&
COUNCIL/RDA MEETING DATE: July 6, 2010
ITEMTITLE: Consideration of the Implementation of
the Increased Development Impact Fees for Residential
Development
RECOMMENDATION:
As deemed appropriate by Council.
FISCAL IMPLICATIONS:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
The three categories for residential development included in the Development
Impact Fee (DIF) program are Single Family Detached (SFD), Single Family Attached
(SFA) and Multi-Family/Other (MFO). There has been no activity in the MFO
category since December 8, 2008.
The residential activity since December 8, 2008 is as follows:
SFA permits from 12/8/08 through 6/17/10 = 12
SFD permits from 12/8/08 through 6/17/10 = 117
The difference in DIF collections is as follows:
SFA
DIF 2008 — DIF 2006 = DIF difference per unit
$6,296 - $3,374 = $2,922 revenue reduction per unit
DIF revenue difference = $2,922 X 12 = $35,064
SFD
DIF 2008 - DIF 2006 = DIF difference per unit
$7,713 - $4,475 = $3,238 revenue reduction per unit
DIF revenue difference = $3,238 x 117 = $378,846
1. 289
Therefore, to date, the delay in implementation of the increased DIF for residential
development has resulted in $413,910 lost to the DIF since December 8, 2008.
In the past, the City General and/or the Redevelopment Agency (RDA) Capital
Project Funds have made advances to DIF Funds - Park DIF Fund, Library DIF Fund,
Fire DIF Fund, Street and Park Maintenance Fund and the Civic Center DIF Fund.
These advances were made to accelerate the construction of the La Quinta Park,
City Library, North Fire Station, Phase 1 of the Corporate Yard, and City Hall
expansion. (For clarification, no RDA funds were used for the City Hall expansion
or advanced to the Civic Center DIF. That advance was made with City General
funds.) If the deferral of fees is continued, the result will be less funds generated to
repay the previously advanced funds.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On October 7, 2008, Council adopted the fourth update of the DIF Study dated
September 16, 2008, delayed the implementation of the DIF fee for residential
development until December 8, 2009, and directed staff to bring back an agenda
item on the implementation of DIF fees for residential development.
On October 6, 2009, Council again deferred the implementation of the increased
DIF for residential development until July 1, 2010.
The types of public facilities covered by the DIF are: Transportation Improvements,
Parks and Recreation Facilities, Civic Center, Libraries, Community Centers,
Maintenance Facilities and Fire.
This table shows the proposed fees for residential land uses:
The following table compares the existing fees for residential land uses to the
proposed fees for residential land uses:
290
Land Use Type
Proposed Fees
Current Fees
Increase Amount
Percent Change
Res (SFD)
$7,713
$4,475
$3,238
72.35%
Res (SFA)
$6,296
$3,374
$2,922
86.62%
Res (MFO)
$4,889
$2,745
$2.144
78.09%
The increase in the proposed fees was due to the increase in costs to construct the
future facilities contained in the 2008 DIF.
On July 27, 2009 and September 18, 2009, staff provided a draft report of the
updated DIF to Fred Bell, then Executive Director of the Building Industry
Association (BIA). Attachment 1 is a letter from Mr. Bell.
FINDINGS AND ALTERNATIVES:
Direct staff to continue to defer the implementation of the increase of DIF
residential fees for six months until January 1, 201 1; or
2. Direct staff to continue to defer implementation of the increase of DIF
residential fees for one year to July 1, 2012; or
3. Direct staff to bring an agenda item back to Council to implement the revised
DIF fees for residential developments on July 20, 2010; or
4. Provide staff with alternative direction.
Respectfully submitted,
imothy nas P.E.
Public Works Dire for/City Engineer
Approved for submission by:
`/dam-�t�9 ��s°��✓Y�'r.�_
Thomas P. Genovese, City Manager
Attachment: 1. Letter from Fred Bell dated August 5, 2009
,• 291
ATTACHMENT
Desert Chapter
City of La Quinta August 5, 2009 Buildingfndustr,.A,wothnion
Tom Genovese, City Manager of Somhern California
78-495 Calle Tampico 77-570 spring eld Lane
La Quinta, CA 92253 suite E
Palm Desch, California 92211
760.360.2476
Dear Mr. Genovese, fax 760.772.3372
' www.DeserlChaptecwm
We would like to the thank the City of La Quinta for providing the Building Industry E entail: BIA@Descrtchaptencom
Association Desert Chapter the opportunity to comment on last year's Development
Impact Fee Study and the City's plan for implementation. Our appreciation goes
further as the City staff recommended and Council approved a delay in the
implementation of the new fee schedule (residential construction only)' .fora period
of twelve months.
We are quickly approaching the 12 month period, and bearing in mind the economic
conditions of the world we live in, it is time to review the industry's performance,
and determine whether or not to implement the updated development impact fee
schedule. Considering the number of single family residential units under
construction BIA Desert Chapter asks that the City Council continue to delay
implementation for another 12 months. Per the Construction Industry Research
Board the City permitted 165 SFR units in the first six months of 2008. For the same
period in 2009 this number is a mere 61.
There is a new optimism in the air, but it is fragile and based on current costs and
future prospects. BIA Desert Chapter would hope that the City of La Quinta continue
its efforts to economic stimulus, securing development projects and maintaining
employment by further delaying the implementation of development impact fees on
residential construction.
.1 292
An Affiliate of the National :1ssoeiatioa of (lone Bnildnrs and the California Building Industry Associafioi.
L/�
a •�
4 4 Qumraj
F`N OF TNF'9
COUNCIL/RDA MEETING DATE: July 6, 2010
ITEM TITLE: Consideration of a Resolution Approving
the Fiscal Year 2010-2011 City of La Quinta Budget
and Establishing the City's Appropriation Limit
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the City Council approving the Fiscal Year 2010-201 1 City of
La Quinta Budget and establishing the City's Appropriation Limit; and receive and file
the Five -Year Resource Allocation Plan.
FISCAL IMPLICATIONS:
All Fiscal Year 2010-2011 revenues, operational appropriations and capital project
funding are included in the Proposed Fiscal Year 2010-201 1 Budget (Attachment 1).
The Final General Fund Balance reserve for Fiscal Year 2010-2011 is $25,148 after
changes have been made based upon the June 3, 2010 Preliminary Budget Council
Meeting (Attachment 2).
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
At the City Council Meeting of June 3, 2010, the City Council adopted the Preliminary
Budget and provided staff direction regarding the Final Budget for the 2010-2011
Fiscal Year. Additionally, staff has provided a list of continuing
appropriations/encumbrances for Fiscal Year 2009-2010, as well as, a copy of the
June 3, 2010 Staff Report for reference (Attachments 3 & 4).
�.. ' 293
As indicated in the City Manager's Budget Message, staff believes that this year's
budget is a continuation of the City Council's commitment to enhancing the quality
of life for La Quinta during these challenging economic times. As a result, staff has
decreased the budget estimates for most general fund departments while still
maintaining a conservative fiscal policy.
Summary of Preliminary Budget Meeting held on June 3 2010
The City Council directed Staff to make the make the following changes to the
Preliminary Budget:
• Fund $25,000 of the $100,000 requested by the Coachella Valley Economic
Partnership
• Fund $10,000 of the $25,000 requested by the Old Towm Artisan Studio
(subject to them receiving a similar amount of matching funds)
• Reduce the funding from $25,000 to $10,000 for the Concours D'Elegance
• Direct staff to work with the La Quinta Police Department to consider funding
100% or an additional $56,160 of a School Resource Officer position. Staff is
recommending funding for this position as discussed in the following section.
Police Department — School Resource Officer
At the budget hearing on June 3, 2010, staff reported that they had been notified by
Desert Sands Unified School District (DSUSD) staff that they are no longer going to
fund 50% share: of one (1) of the three (3) School Resource Officers (SRO). The fiscal
impact of the elimination of the 50% funding from DSUSD for one (1) SRO is
$56,160. The other two (2) SRO's will be funded 50% by DSUSD and 50% by the
City as presented in the Preliminary 2010-2011 Budget.
City Council directed staff to bring back a recommendation during the adoption of the
budget on how to fund this position. Staff is recommending funding this $56,160 by
shifting $40,000 from Police Department Special Enforcement Programs, which would
consist of $10,000 in the Holiday Program; $20,000 from Special Investigations; and,
$10,000 from the Traffic program. The remaining $16,160 would be funded from the
Fiscal Year 2010-201 1 General Fund surplus. Staff and the Police Department feel
continuing the full funding for this SRO position will have the least impact on the
overall Police budget while continuing to maintain the safety of the community. Staff
will monitor the impacts of the reductions in these special enforcement programs and
bring back any recommendations for adjustments at the Fiscal Year 2010-
201 1 Midyear Budget Review.
0.. 294
Also provided for the City Council review is the City's annual Five -Year Resource
Allocation Plan (RAP) (Attachment 5). The RAP uses general assumptions, which are
included in the attachment, to project revenues and expenditures for the next five
years. In addition, the RAP lists the projected staff needs for the next five years. City
staff requests that this item be received and filed.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1) Adoption of a Resolution of the City Council approving the Fiscal Year 2010-
201 1 City of La Quinta Budget and establishing the City's Appropriation Limit;
and receive and file the Five -Year Resource Allocation Plan; or
2) Adoption of a Resolution of the City Council approving the Fiscal Year 2010-
201 1 City of La Quinta Budget and establishing the City's Appropriation Limit;
and receive and file the Five -Year Resource Allocation Plan, as amended; or
3) Provide staff with alternative direction.
Respectfully submitted,
N4M �A +a,64�
John M. Falconer, Finance Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. City of La Quinta Fiscal Year 2010-2011 Annual Budget
and Supporting Document (under separate cover)
2. Changes between Preliminary vs. Final Budget Accounts
3. Appropriations/Encumbrances
4. June 3, 2010 Staff Report
5. City's Five -Year Resource Allocation Plan
0 1
295
RESOLUTION NO. 2010 -
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA,
ESTABLISHING THE CITY'S APPROPRIATION
LIMIT FOR FISCAL YEAR 2010-2011 AND
APPROVING A BUDGET FOR FISCAL YEAR
2010-2011
WHEREAS, each year the La Quinta City Council adopts a Budget for Revenues
and Expenditures for the upcoming Fiscal Year; and
WHEREAS, the City Council desires to make provisions for a level of services
commensurate with the needs of the City; and
WHEREAS, the City Council has reviewed said budget and has had several
public meetings to receive public input; and
WHEREAS, the City Council has, after due deliberation and consideration, made
such amendments in the proposed budget as it considers desirable; and
WHEREAS, Section 7910 of the government Code of the State of California
provides that each year the governing body of each local jurisdiction shall, by
resolution, establish its appropriations limit for the following fiscal year; and
WHEREAS, Section 7902(b) of the Government Code sets forth the method for
determining the said appropriations limit, to be based upon the limit applicable for the
prior fiscal year and adjusted for changes in the cost -of -living and in City population.
NOW, THEREFORE, BE IT RESOLVED by the City of La Quinta to adopt, as
follows:
SECTION 1. The appropriations limit for the City of La Quinta established in
accordance with Section 7902(b) of the California Government Code, for Fiscal Year
2010-2011 is $88,404,325.
SECTION 2. It is hereby found and determined that in compliance with
Government Code Section 7910, the documentation used in the determination of said
appropriations limit for Fiscal Year 2010-2011 was available to the public in the
Finance Department of the City and in the Office of the City Clerk at least fifteen days
prior to this date.
SECTION 3. The Fiscal Year 2010-2011 Budget which is on file with the City
w... 296
Resolution No. 2010-
Budget Approval FY 2010-2011
Adopted: July 6, 2010
Page 2
Clerk is hereby approved.
SECTION 4. The Redevelopment Agency agrees to the reimbursement to the
City for services performed by the City on behalf of the Agency. Such reimbursement,
as computed and included in the budget document, shall include salary, salary related
costs, direct costs, and indirect overhead costs.
SECTION 5. Continuing Appropriations which remain unspent and were
authorized by Council in Fiscal Year 2009-2010 are approved in the Fiscal Year 2010-
2011 Budget in an amount not to exceed $1,954,647 of which $258,341 will be
offset by grant funding (Attachment 1).
SECTION 6. Encumbrances for Fiscal Year 2009-2010 for committed
appropriations are approved in the Fiscal Year 2010-201 1 Budget in an amount not to
exceed $0 (Attachment 1).
SECTION 7. Budget adjustment procedures are approved as follows:
A. Additional appropriations and the transfer of cash or
unappropriated fund balance from one fund to another shall be
made only upon City Council approval.
B. Transfers of budgeted appropriations between divisions or capital
projects shall be made only upon City Council approval.
C. Transfers of budgeted appropriations between accounts within a
division or capital project may be made with the approval of the
City Manager or his designee.
D. Prior year budget continuing Appropriations and Encumbrances for
unexpended capital project appropriations remaining from
uncompleted prior year capital projects shall be made with City
Manager approval. These carry-over appropriations are for prior
year Council approved capital projects and shall not exceed the
approved project budget.
SECTION 8. The City Council, recognizing the need for maintaining Fund
Balance reserves has established a General Fund Cash Flow Reserve for the Fiscal Year
2009-2010 of 8.25% of the Fiscal Year 2010-2011 budget which amounts to
1r 297
Resolution No. 2010-
Budget Approval FY 20W-2011
Adopted: July 6, 2010
Page 3
$3,244,818 for Fiscal Year 2009-2010, and has also established a General Fund
Emergency Reserve for Fiscal Year 2009-2010 of 35% of the Fiscal Year 2010-201 1
budget plus $4,000,000 which amounts to $17,765,896.
SECTION 9. The City Manager shall render a monthly report to the City Council
on the status of City operations as it relates to the approved budget and any
amendments thereto.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 6th day of July, 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
.. 1.298
A l l M,11-11VICIV 1 L
City of La Quinta
Changes Between Preliminary vs. Final Budget Accounts
Fiscal Year 2010-2011
Final
Budget - Reserve
chella Valley Economic Partnership
tours D'Elegance
Town Artisan Studio
, Funding for School Resource Officer
x Special Enforcement Funds
Reserves as of June 30, 2010
General Fund
Preliminary
Butl et
Changes
Final
Budget
Deposits and Prepaids
22,254
0
22,254
1 st Half Bond Debt Service
165,627
0
165,627
Future Post Retirement Health Benefits
1,258,059
0
1,258,059
Encumbrances and Continuing Appropriations - General Fund
1,764,681
(80,375)
1,684,306
Advances to other funds
58,721,883
(34,650)
58,687,233
Cash flow reserve - 8.25% of budget
3,242,330
2,488
3,244,818
Emergency reserve - 35% of budget plus $4,000.000
17,755,340
10,556
17,765,896
Continuing Operations & Projects
6,370,343
101,981
6,472,324
Total
89.300,617
0
89,300,517
0 " 299
A I I Hl.nivl Clv 1 .7
City of La Quints
Fiscal Year 2009110 Continuing Appropriations/Encumbrances - Note 1 6/912010
Department
Account
Continuing
Description A ro nation
Revenue
O8se1
Net Continuing
A ro riaticn
Encumbrances
Total
Development Services
101-1003-413.55-10
101.1003-41333-35
Local Business Survey
CVWD Irrigation Controllers
15,000
64,900
50,000
15,000
14,900
15,000
14,900
79,900
1 50,001)
29,9001
29.900
101-1004-413.32-01
Energy& Conservation Grant
151700
161,700
161,700
161,700
Community Services
101-3001-451.80-65
101-3001-451,50-70
Coachella Valley Rescue Mission
Marmos Village
50,000
50,000
50,000
50,000
50.000
50.000
100,000
100,000
100,000
Police
101-5054-421.36-60
101-5054-021.36-80
JAG Grant Expenses
JAG Grant Expenses
44.763
1,878
44,763
1,878
-
46 641
46,641
Fire
101-5055-422 ]1-01
AMR Code Fine Compliance Equipment
37,030
37,030
37.030
37,030
37,030
37,030
Community Development
101-6001-463.3F1-10
101-6001-46332-10
Subtotal
101-6002-463-3.9.10
Subtotal
Total
General Plan Update PL1 320
Annexation Review& Analysis PL1340
Update Housing Element PL2415
774.530
12,000
774, 530
12.000
774.530
12,000
786.530
786,530
786,530
5,183
5,183
5,183
6.183
5,183
-
5.183
791713
791713
791713
Public Works
101-7001.431.32.07
101-7001-431.32,07
Subtotal
Contract Services/Consultants RFP not awarded -
Dune Palms Bridge study
Contract Services/Consultants
50,000
24,990
50,000
24,990
50,000
24.990
74,990
74990
74.990
101-7002431.3107
Subtotal
101-7003-431 34-04
Subtotal
Map Checking
Pavement & RNV
10,000
10,000
10,000
10,000
10,000
10.000
592,075
592,075
592,075
592,075
5920751
592,075
101-7006431-56-02
101-7006-43132-20
Subtotal i
Signal Pole Mast arm Replacement
Contract ServiceslConsultants - County of
Riverside
12.073
36,525
12,073
36.525
12,073
36,525
48,598
48,598
48,598
Total1
7251663-1
725,663
725,663
Total -General Fung.. _ 1,942,647258,341 1 1,684,306 - 1,684,306
939 1221-0000.463.33-30 CVWD Landscape Conversion Program
Total: City of La Quints I 1 1 i 954 64] 1 258,341 1 1 696 306 1,696 306
Note 1 - The appropriations and encumbrances listed will be adjusted to reflect actual expenditures as of June 30, 2010 in Fiscal Year 2010.2011
3r)0
c&t!t 4 XP Qu&z
OF
COUNCIL/RDA MEETING DATE: June 3, 2010
ITEM TITLE: Consideration of Fiscal Year 2010-2011
Preliminary Budget
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt the Fiscal Year 2010-2011 Preliminary Budget and direct staff to prepare a
Fiscal Year 2010-201 1 Final Budget for the July 6, 2010 City Council Meeting.
FISCAL IMPLICATIONS:
All Preliminary Fiscal Year 2010-2011 revenues, operational appropriations and
capital projects funding are included in this Preliminary Budget. Pursuant to City
Council direction, staff has presented the City Council with a balanced General
Fund. with an estimated operating surplus of $55,308 for Fiscal Year 2010-2011.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Introduction
As the City Council is aware, the Budgeting process actually starts in February
when the City Council discusses the City Council Goals and the Annual Financial
Management review. The Annual Financial Management review is the first
component of the strategic planning process, and along with the discussion of the
City Council goals are the building blocks of the budget. The City Council has
since reviewed and approved the Economic Development Plan, the Capital
Improvement Program and the Marketing Plan for the upcoming Fiscal Year. Each
0..• 301
of the implementation needs of these documents have been incorporated into
theproposed budget.
This preliminary Fiscal Year 2010-2011 Budget is similar to the format
implemented in previous years. This format utilizes two separate documents to
develop the City, Redevelopment Agency, Financing and Housing Authorities
Budget. The first of the two documents utilized for presentation of this year's
budget is titled: "Fiscal Year 2010-2011 Preliminary Budget," and includes the total
scope of operations for the City, Agency, Financing and Housing Authorities. The
second document is titled: "Supporting Document." This document provides the
detail for each program operation and the justification for any of the changes
requested.
Executive Summary
The following table shows a comparison of the revenues and expenditures in the
General Fund from Fiscal year 2010-2011 and 2009-2010:
Fiscal Year
20102011
2009/2010
Change
Estimated Budgeted Revenues
33,998.738
38.930,755
(4,932,017)
Application of Reserves
0
0
0
Transfers In
158,800
367,716
(208,916)
Reimbursements
5,984,194
6,016.126
(31,932)
Total Sources
40,141.732
45,314,597
5,172.865
Estimated Operating Expenditures
39,300,970
40,576,993
(1,276,023)
Transfers Out
785,454
4,726,295
(3,940,841)
Total Uses
40,086,424
45,303,288
5,216,864
Net income (loss)
55,308
11,309
43,999
Po- 302
Summary of This Year's Budget
Revenues - General Fund
This year's General Fund projected revenues of $40.14 million are down from the
$45.3 million from the prior year as projected in the following table:
REVENUE TYPE
Interest
Intergovernmental
Licenses & Permits
Property Tax
Fees for Service
Miscellaneous
Subtotal
County Fire - Station 32
Sales Tax
Motor Vehicle in Lieu
Change in Transfers in
Transient Occupancy Tax
Document Transfer Tax
Franchise Fee
County Fire Operations
Change in Reimbursements
Subtotal
Total
Reconciliation:
Prior Year Revenues FY 2009-2010
Previous Year Reimbursement FY 2009-2010
Budget Summary FY 2009-2010 Sources
Budget Summary FY 2010-2011 Sources
Change
Revenue Increases
INCREASES
$ 445,550
193,646
143,100
103,500
100,000
(15,900)
969,896
(DECREASES)
$ (4,145,841)
(853,000)
(303,700)
(208,916)
(205,300)
(189,460)
(129,900)
(74,712)
(31,932)
(6,142, 761)
$ (5,172,865)
$ 39,298,471
6,016,126
$ 45,314,597
40,141,732
$ (5,172,865)
The major increase in revenues is interest income primarily from the $10 million
advance to partially fund the SERAF shift with the pooled interest earnings for
Fiscal Year 2010-2011 forecasted to earn .65%. Intergovernmental revenue is
3,U3
estimated to increase primarily resulting from the issuance of fines. In addition,
while staff is not projecting significant changes in development activity, we are
projecting a slight improvement in license and permits and fees for service for
Fiscal Year 2010-2011 over Fiscal Year 2009-2010.
Revenue Decreases
Staff is projecting a continued slow down in the local economy in Fiscal Year
2010-2011, which began in the fall of 2008 and has continued through the date of
this report. As was reported last year, while the City has experienced down turns
in the past that have impacted certain revenues categories, such as building
activities or property values (mid 1990's), tourism (post 9/1 1) and low interest
rates (2003-2004), this slow down has impacted most if not all City revenues
categories and occurred quite suddenly.
A one-time decrease in intergovernmental revenue from the County of Riverside
Fire Tax of $4,146,000 is anticipated since the Fire Station 32 will be completed.
Staff is projecting an 11.39% decrease or a reduction of $853,000 in sales tax
revenue for Fiscal Year 2010-2011 and a 4.61 % decrease in transient occupancy
tax or $205,300 in Fiscal Year 2010-201 1.
Expenditures — General Fund
This year's General Fund projected expenditures of $40.09 million are down from
the $45.30 million from the prior year as projected in the following table which
reflects by Department the increase and decreases from last year's budget:
DEPARTMENT
CHANGES
INCREASES
TOTAL
CHANGES
Department
Police $156,474 $0 $156,474
Subtotal 156,474 0 156,474
,. 304
DEPARTMENT TOTAL
EXPENDITURES CHANGES REIMBURSEMENTS CHANGES
(DECREASES)
Departments
General Government
(156,987)
(289,633)
(446,620)
Public Works
(839,785)
427,337
(412,448)
Planning
(169,100)
(35,095)
(204,195)
Building & Safety
(39,330)
(113,515)
(152,845)
Finance
(55,792)
(66,999)
(122,791)
Community Services
(108,820)
(1,389)
(110,209)
Fire
(74,429)
(244)
(74,673)
City Clerk
11,746
(29,500)
(17,754)
Subtotal
(1,432,497)
(109,038)
(1,541,535)
Net Decrease in Expenditures (1,276,023) (109,038) (1,385,061)
Decrease in Transfers (3,940,841)
Total ($5,216,864)
Reconciliation:
Prior Year Expenditures FY 2009-2010 $40,576,993
Previous Year Transfers Out FY 2009-
2010 4,726,295
Budget Summary FY 2009-2010 Sources $45,303,288
Budget Summary FY 2010-2011 Sources 40,086,424
Change
($ 5, 216, 864)
Decreases in General Fund Expenditures
With the estimated reduction in revenues forecasted for Fiscal Year 2010-2011,
the following reductions over $50,000 in the Budget have been proposed with the
intent to not decrease service level to the public, whenever possible. Some of the
more notable planned expenditure decreases in this year's budget include:
• Decrease in the Information Technology Fund charges ($329,000)
• Decrease of $(64,500) in legal expenses.
• Decrease of ($73,000) in City-wide Park maintenance contract expenses.
• Decrease of ($100,000) in Fire capital equipment.
• Decrease in Pavement Management Program ($225,000).
• Decrease in Slurry Seal program ($200,000).
• Decrease of ($83,000) in Public Works Engineering Division contract
inspections.
i>.. • 305
Increases in General Fund Expenditures
The following are some of the notable increases in the General Fund over $50,000:
Increase of $172,000 in Police Officers Salaries and Fringe Benefits.
Personnel
The following changes for Fiscal Year 2010-2011 are being recommended to the
Authorized Positions list as detailed in Section H are as follows:
Two (2) positions are being recommended for deletion from the City authorized
positions listing bringing the City-wide total from 101 in Fiscal Year 2009-2010 to
99 in Fiscal Year 2010-201 1.
• Planning Department — Principal Planner
• Public Works Department — Senior Engineer
• A transfer of 50% of a Public Works Associate Engineer's time from the
Development Services Division to the Engineering Services Division.
The Fiscal Year 2010-2011 budget contains no increases in cost of living. This
year's budget does include merit increases for those employees who are eligible.
Police and Fire Department Budget Discussions
Police Services -- the overall budget for Police Services has increased by $156,000.
This represents the largest service level cost in the proposed budget. Police
Services represents 31.7% of total General Fund expenditures for Fiscal Year
2010-2011 as compared with 27.7% of the Fiscal Year 2009-2010 budget.
Last year, the Police budget was reduced by one Grant Funded Motor Officer
position, while this year's budget has no increase in Police staff being proposed.
The largest factor for the aforementioned increase of $156,000 is $172,000 in
rate increases for labor costs for the same level of service in Fiscal Year 2010-
2011 as Fiscal Year 2009-2010. It should be noted that the Police contract rate
adjustment included in the Fiscal Year 2010-2011 Preliminary Budget is estimated
to be 4%, and the actual contract rate adjustment is not made until the second half
of the fiscal year. If the actual rate adjustment is more than 4%, then expenditure
adjustments will have to be made during the Fiscal Year 2010-2011 Midyear
Review. Also included within the Police Department proposal is $70,000 for Bob
Hope Classic costs for public safety, $81,300 for rent expenses for the Highway
111 Police sub -station, $24,500 in Justice Assistance Grant (JAG) funds, which
Po.. 3 ni 6
are offset by Federal funds, an increase of $37,100 in estimated mileage costs,
and an increase of $10,000 in Special Enforcement Funding to $262,000 for
enhanced enforcement activities.
Fire Services — the overall budget for Fire Services has decreased. by $75,000 to a
total of $4,911,000 for Fiscal Year 2010-2011. This represents the third largest
service level in the proposed budget. Fire Services represents 12.5% of total
General Fund expenditures for Fiscal Year 2010-2011 as compared with 11.2% for
Fiscal Year 2009-2010. The primary factor for the decrease is $100,000 less for
Capital Project expenses from the prior year. No change in Fire Services personnel
is being recommended. Revenues for these services have come from the Fire
Structural Tax and Property Tax increment from Project Area 1 and 2, which
should exceed appropriations and continue to result in a surplus.
Green and Sustainable Programs
Included in the Fiscal Year 2010-201 1 budget is a summary of City-wide green and
sustainable environmental goals.
Key green environmental programs include:
• Manage the Green and Sustainable La Quinta Program, which is directed
toward reducing energy consumption and conservation of resources;
• Continue to partner with Coachella Valley Water District, Imperial Irrigation
District, and the Gas Company to implement environmentally efficient
programs that reduce greenhouse gas emissions;
• Complete energy audits and implement conservation enhancements for City
buildings;
• Commence major update to City's General Plan that includes greenhouse gas
and additional "green" programs and policies;
• Implement LEED, water conservation and other green/environmental
programs for the SilverRock Resort clubhouse, golf courses, and related
infrastructures;
• Install smart irrigation controllers at all City buildings; implement and monitor
the City of La Quinta and Coachella Valley Water District Cooperative
Landscape Water Management Program; and
• Implement and monitor the City of La Quinta and Imperial Irrigation District
Energy Reduction Program.
Also included in the budget is a listing of department specific green and
environmental projects totaling $371,809 for Fiscal Year 2010-2011 and
$398,700 carry-over from Fiscal Year 2009-2010. Major projects for Fiscal Year
2610-2011 include: Landscape Conversion Program and rebates ($110,000) and
307
La Quinta Sports Complex ($32,100); carry-over projects include: Corporation Yard
CNG fueling station ($197,000) and Energy Efficiency Retrofits for City buildings
($161,700).
Internal Service Funds Update
The City has three internal service funds — Equipment Replacement, Information
Technology and Park Maintenance Equipment & Facility. These funds were
established to set aside each year funds to ultimately replace fixed assets. For
example, the City currently charges approximately $20,000 for ten years to
purchase a street sweeper. This is done so that in ten years the City is not faced
with a $200,000 funding request which could dramatically impact the budget
process.
In this year's budget, as was the case last year, these charges have been reduced
in order to help in balancing the General Fund budget. The amount that was
reduced in Fiscal Year 2010-2011 is reflected in the following table and the current
cash balances as of May 31,2010:
FY 10/11
FY 10/11
FY 10/11
BUDGETED
NORMAL
REDUCED
May 31st
FUND CHARGES
CHARGES
CHARGES
Cash on Hand
Equipment Replacement 27,776
589,646
561,870
1,803,752
Information Technology 2,295 482,650 480,355 1,371,643
Park Maintenance Equipment &
Facility 0 441,391 441,391 1,057,151
30,071 1,513,687 1,483,616 4,232,546
It should be noted that the fixed assets in these funds are generally in good
condition and have been maintained to operating order.
Community Service Projects
The following table lists Community Service items exceeding $5,000 as contained
in the Preliminary Budget:
308
AGENCIES
FY 10/11
BUDGETED
Chamber of Commerce
La Quinta Arts Foundation
150,000
Grant Contingency
145,800
Boys & Girls Club - Facility Use (1)
100,000
YMCA Pool Contract
70,000
Concours D'Elegance
,000
3232,000
Jacqueline Cochran Regional Airport ( Airshow and dues)
15,000
Coachella Valley Economic Partnership
Date Festival
6,000
5,000
(1) $30,000 from Community Development Block Grant
Overall, the City's General Fund Budget is a positive story. As identified on page
C-1 of the Preliminary Budget, this year's budget is currently balanced and contains
a surplus of $55,308. Some of the significant items or changes contained in the
Preliminary Budget from Fiscal Year 2009-2010, which total ($5,216,864), are
listed in Attachment 1.
Other Funding Requests — Community Organizations
The City received three requests from community organizations for Fiscal Year
2010-2011 totaling $175,000 - $100,000 from the Coachella Valley Economic
Partnership (CVEP), $50,000 from the Hope through Housing Foundation and
$25,000 from the Old Town Artisan Studio. In addition to the written material
submitted by the Old Town Artisan Studio, they furnished an eight minute video on
a CD which is available in the City Clerk's Office for viewing. In the past, the City
Council has considered these funding requests at this time or referred, as deemed
appropriate, the request(s) to the grant process. Attachment 2 lists Fiscal Year
2009-2010 Grants/Contingency/Contracts/Other activities funded by the City and
Attachment 3 has the three organizations funding request backup.
Finally, provided as Attachment 4 is a report from the Bob Hope Classic. On page
5 of their report is a request for $90,000 for Police Services relating to the event.
The current budget contains a line item of $70,000 for said services. Staff
recommends that the City does not change the line item at this time. As the 2011
Agreement for the Classic is finalized, should additional funds be needed, a request
for such funds would be addressed when the Agreement is presented to the City
Council for consideration.
w.. r 309
State Budget Impacts
As has been the case in prior years, the Fiscal Year 2010-2011 budget contains a
State mandated shift from the Redevelopment Agency.
The FY 2010-2011 Redevelopment Agency budget has a $4,850,687 payment to
the State of California for Supplemental Education Relief Augment Funds which are
in addition to the $$23,582,367 previously made by the Redevelopment Agency in
FY 2009-2010.
Timeline
Attached is a brief outline of the City staff presentation of the Preliminary Budget
(Attachment 5) as well as a one -page summary of highlights of this year's budget
(Attachment 6). Also attached are a Summary and Supporting Fiscal Year 2010-
2011 Preliminary Budget for Council's consideration (Attachment 7).
Staff is requesting that, at the June 3, 2010 City Council meeting, the Council
review and make amendments as necessary to the Preliminary Budget. Subsequent
to this review, :staff is requesting approval of the Preliminary Budget with a July 1,
2009, effective: date. Staff will then incorporate all changes pursuant to the
discussion of the Preliminary Budget and schedule the item for consideration at the
July 6, 2010, City Council meeting for Final Budget adoption.
Capital Improvement Program
• The Fiscal Year 2010-2011 Preliminary Budget incorporates the planned
capital expenditures for next year. The projects can be found on Pages
H-1 and H-2 and include funding for five (5) major CIP projects; Village
land acquisition; Washington Ave dual left at Ave 48; Traffic Signal at
Eisenhower Dr and Sinaloa; Washington Street Phase 2 Drainage
Improvements; and Hwy 111 dedicated eastbound right turn at
Washington Street
H-1 also lists the sales and transient tax reimbursements that the City of La Quinta
General Fund is estimated to pay which total $783,454 for Fiscal Year 2010-2011.
Five -Year Resource Allocation Plan
City staff is currently completing the Five -Year Resource Allocation Plan (RAP).
This five-year plan forecasts the operating expenditures and the anticipated
revenues to pay for these expenditures. Staff will incorporate any changes
between the Preliminary Budget and the final budget into the Five -Year Resource
310
Allocation Plan which is scheduled for presentation at the July 6, 2010 City
Council meeting.
Summary
This memorandum is intended only as a summary of the issues and details of the
budget. We look forward to these discussions with the City Council at the June 3,
2010 City Council special meeting. The City staff will be prepared with
recommendations, and requests to report on, methods/suggestions to balance the
operating budget.
FINDINGS AND ALTERNATIVES:
City staff is requesting:
1) Review and comment on the 2010-2011 Fiscal Year Budget and provide
direction regarding any proposed changes to the document; and
2) Approval of the 2010-2011 Fiscal Year Preliminary Budget as amended at
the June 3, 2010, City Council Special Meeting. (Any approved changes by
the City Council to be incorporated into the Final Budget for adoption on July
6, 2010.)
Res ectfully submitted,
John M. Falconer, Finance Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: I. Changes between Fiscal Year 2010-201 1 & 2009-2010
General Fund Expenditures
2:. Grants/Contingency/Contracts/Other & Department Requests
3. Other Funding Requests — Community Organizations
4. Bob Hope Classic Report
5. Staff Outline
6. Major Highlights
7. Preliminary Budget — Two Documents
., 311
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4. 318
City of La Quinta e
Gmnts/Contingency/Contracs/Other & Dept Requests
FY 2010/2011 Through
24-May-10
Footnote Cat budgeted FY 09110
x
Actual & Budtedri
,Cmmled 0/11 Endilures mieY1FY 1a0/s1t16
tsx Derby 450 00
Scap
La Quinta School Tough Guys 8 Gals Do Dance
1,000
1,000
1,000
Arthritis Foundation
2,000
2000
2OW
Desert Classic Contours D'Elegance
5 000
5 000
5 000
Healing Horses Therapeutic Riding
5,000
2,000
5,000
5000
Coachella Valley Community Recreation Foundation
3,000
2,000
2.000
DeserlArc
3,000
3.000
La Quinta Historical Society
1,500
2,000
1,500
1,500
Truman Elementary School
2,000
2,000
La Quinta Chamber of Commerce
1 500
1,500
1.500
La Quinta Playhouse
5,000
5,000
5 000
American Diabetes Association
5,000
2,000
5,000
5.000
0
500
Desert Valley All Star Mavericks
2,0
Palm Springs Women in Film
o00
3,000
500
3,000
5500 0
Olive Crest
000
5.000
5,000
5,000
3,000
Integrated Learning Institute
2.
5.000
(1) Osher Learning Institute
00
Old Town Artisan Studio
3,600
3600
3,6
• �
Red Hot Ballroom Inc
5,000
,000
5,000
La Quinta Middle School
2,000
2
2,000
2,000
Quilting for Good Times
3.500
3,500
3.500
Coachella Valley Community Housing Coalition
2.000
2.500
2,000
2,000
(1) Somptomist International
4,050
2.500
2.500
Chnstophees Clubhouse
2,500
4,050
4,050
Amelia Earhart ElementarySchool
1.000
2.500
1,000
2,500
1.000
Chamber o(Commerce
150.000
150,000
0
150,000
150.000
Bob Hope Chrysler Classic
100 000
100 000
Community Special Events
9.000
100.000
100.000
Boys & Girts Club - Facility Use
70.000
6,488
2,512
9,000
4,500
Fritz Bums Pool Contract
32,000
42.750
27,250
70.000
70,000
Desert Resorts Convention Visitors Authonty,
242.500
27,514
4,486
32.000
32.000
JYMCA
Marketing Services
237.750
4.750
242,500
120.500
(2) Desert R ional Resorts Ai rt Authon
530.000
334,945
195.055
530,000
500,000
15,000
15.000
15,000
15,000
SubWtal
1, 148,500
914,447
234,053
1, 148,500
992.000
DepartmentlOther Requests
FIND Food Bank
27:,0
0
250000
550000
0
(3)
Martha's Kitchen
50
50,000
50,000
0
(3)
Coachella Valley Rescue Mis:;ion
5
50 000
50 000
0
Wrltlen requests
(4)
La Quinta Arts Foundation -Arts Festival
La Quinta Arts Foundation - Facility Rent
Hope through Housing Foundation
Coachella Valley Economic Partnership
Old Town Artisan Studio
Desert Classic Contours D'Elegance
Riverside County Date Festival
125,000
20.800
0
0
0
20,000
5,000
125,000
20.800
0
0
0
20 000
5.000
0
0
0
0
0
0
0
125.000
20,800
0
0
0
20.000
5,000
125.000
20,800
0
0
0
25,000
5.000
50,000
100,000
25.000
Total ——� 51,781,300 1f1,18d,e47 f611,903 57,778,750 31,276,100 f175,000
Note 1 - Grant represents reduction in facility fees
Note 2 - $5,000 allocated for the Air Show and $10,000 allocated for membership
Note 3 - Requests will be carried over into FY 2010/2011
Note 4 - Amount committed of $20,800 represents rent of City facilities during the festival -
319
,I
March 9, 2010 J 51-
Doug Evans rr
r r o N A n Assistant City Manager — Development Services
City of La IMQuints
78-495 Calle Tampico
do P. O. Box 1504
La Quints, CA 92247
Mr. Evans:
®On behalf of the working families residing in the City of La Quinta, Hope Through Housing
Foundation (Elope) is respectfully requesting that the City of La Quinta allocate funds to support
our services efforts at the Vista Dunes Courtyard Homes. We are attempting to increase the amount
of services offered at Vista Dunes to meet the needs of our residents. In seeking to expand services,
we are looking at several sources to fund these costs. With the City's assistance, we have
successfully secured $29,000 from the HOME Depot Foundation for this purpose. It is our goal to
seek every source available to help fill this need. However, because these sources are competitive
and we are unable to guarantee success, we are also seeking a potential allocation of $50,000 from
your budget to support specific on -site services. These funds will be used to expand current after
school programming at the Vista Dunes Courtyard Homes. In the event we are successful with
other sources, we could either expand services further, or potentially reimburse the City for its
contribution.
Founded in 1998, Hope is the social services arm of National Community Renaissance (National
CORE). As you are aware, National CORE in partnership with the City recently purchased the
completed construction of Vista Dunes Courtyard Homes, an affordable apartment community that
provides quality safe housing for families earning 30%-50% of the area medium income (AMI) in
the City of La Quinta. Families who live here include many of our school workers, office workers,
medical personnel and other service workers whose salaries are not sufficient to pay market rate
prices for housing.
Hope and National CORE work together to improve communities by delivering the important
combination of quality housing and human services for families, children and adults where they
five. Hope's services are anchored in three key initiatives: Child Development (preschool); Youth
Development (after -school); and Senior Health and Wellness (social, emotional, and physical
health). By concentrating on these objectives, we are able to focus our scope of work on quality;
deliver services that embody industry best practices; and have a measurable impact on the lives of
residents.
At the Vista Dunes community, Hope partners with the Family Desert YMCA to provide after
school programming three days a week during the school year. Hope's goal is to provide this
important program Eve days a week year round. Our current revenue stream does not allow for this
expanded programming. These families do not have the extra income to avail themselves of the
fee -based enrichment or academic programs that may be available to them through the schools or
communities. In some cases we have successfully received CDBG funds and other sources from
our City partners to help support these efforts. With the City's help, these children will have the
opportunities they need to build academic and social skills.
• • • 0
BOOS Haven Avenue, Butte 100. Rancho Cucamonga, CA 91730
909. 483. 2444 Fax 909. 483. 2448 natlonalcova —
r. 320
We are appreciative of the City of La Quinta's commitment to providing safe, quality housing for
all of its residents, and we are hopeful that the City will extend that commitment to ensuring that all
of its residents have access to the full range of services they need. We would be happy to meet with
you, and to take you on a tour of the program at Vista Dunes. George Searcy, Executive Director
of Hope Through Housing, will give you a call next week to discuss next steps.
Sincerely,
Al of vich
VP, quisitions
National CORE
321
• HOPE THROUGH HOUSING FOUNDATION
• • PROPOSAL To THE CITY LA QUINTA
• AFTER SCHOOL AND BEYOND
HOPE through HOUSING HELPING AT RISK YOUTH SUCCEED
FOUNDATION
INTRODUCTION
Hope Through Housing Foundation (Hope) is requesting $50,000 from the
City of La Quinta to support year round after school programming for children
and youth residing in and around the Vista Dunes Courtyard Homes
affordable housing community. Hope, in partnership with the Family. Desert
YMCA, currently offers After School and Beyond five days per week during the
school year. Additional funds from the City of La Quinta will be combined with
an awards grant from the Home Depot Foundation ($29,000) to ensure that
these at -risk children have additional access to the academic, social, and
emotional support during the summer and minimal days increasing their
chances for school and life success.
THE NEED
Research has identified low academic achievement, negative peer
relationships, poverty, and lack of adult supervision between the hours of 3:00
and 6:00 p.m. as reliable predictors of juvenile delinquency, including criminal
and gang activity. These have been demonstrated to increase the incidence
rates of high risk behavior and, subsequently, the decreased likelihood of
completing high school. Conversely, at -risk children and adolescents who
spend the after school hours engaged in high quality, adult supervised
activities have better academic and social outcomes. These improved
outcomes include reduced juvenile delinquency and gang involvement, and
higher rates of high school graduation. Such outcomes affect not only the at -
risk youth but the broader communities in which they live.
Vista Dunes Courtyard Homes
Vista Dunes Courtyard Homes is an affordable housing community managed
by Hope's partner organization, National Community Renaissance.
Completed in 2008, Hope began providing after school services in September
2008. Vista Dunes houses some of the most economically challenged families
in the city; the median income of residents is currently $21,000 compared to a
median household income of $78,000 for the City of La Quinta.
Because the City of La Quinta is relatively affluent (median annual household
income in the city in over $78,000), there are limited free or reduced cost
services available to families who need help for children struggling in school or
who simply need a safe place to go in the afternoon. Many local afterschool
programs are fee -based and unaffordable to Vista Dunes families.
Additionally, the School -based programs that are funded through state and
federal programs have limited enrollment (84 students in elementary school
and 111 students at middle schools).
r
3 22
Hope Through Housing Foundation ;ces _, s.:ce 1 x 7K
Pa . nc c �mo.,9a ca vi as
Proposal to the City of La Quinta ?,. e83 zaxa c scv aia
5912
Page 1 of 4
w .
Furthermore, families who live in affordable housing communities traditionally face
transportation and scheduling challenges that often preclude them from being able to enroll their
children in either academic assistance programs or in enrichment activities. Most of these
children come home in the afternoon to empty apartments. A recent survey of After School and
Beyond parents across Southern California revealed that up to 81 % of parents feel they cannot
help their children with their homework either because do not have the time, or lack the ability.
These children need additional support if they are to succeed in school, avoid criminal activity,
and become productive members of their communities.
PROGRAM DESCRIPTION: AFTER SCHOOL AND BEYOND
After School and Beyond is Hope's signature after school program that nurtures children from
low- to moderate -income families so they can become academically competitive and prepared
for life-long learning. Because Hope's services are housing -based and part of a larger
community collaborative, they offer a unique opportunity to interact with the whole family,
thereby having a greater impact. On -site community teaming centers provide a literacy -rich
environment equipped with proper physical space, computers, books, and other academic
resources.
After School and Beyond combines age -appropriate academic support (including homework
assistance and tutoring) with enrichment activities and a violence prevention curriculum for
children in grades K-8. In addition, a family involvement component strengthens the support
services available to children and youth.
• Tutoring and Homework Assistance: Each day, youth receive one hour of homework
assistance. During this time, students have access to a fully furnished computer laboratory
with high speed internet access. Students can use this lab to do computer -based homework
and access instructional software.
• Balanced Literacy: Each of Hope's community teaming centers are literacy -rich
environments where students have access to a leveled reading library and are encouraged
to select from age appropriate selections to read for pleasure. Leaming centers are designed
so that students are surrounded by print materials, and trained staff guide students in shared
reading activities. Additionally, staff incorporates writing throughout the afternoon both
through modeling and by encouraging independent student writing activities and projects.
• Project based teaming: Students work together on projects that support in -school teaming.
Keeping at -risk youth engaged in teaming from real life circumstances help these students
connect school to life.
•Anti-Volence Curriculum: Hope uses the nationally acclaimed PeaceBuilders curriculum to
help youth develop supportive peer and adult relationships. PeaceBuilders is designed so
that the curriculum is incorporated into the program environment. Using such activities as
praise notes and the Peace Pledge helps students develop problem solving skills and learn
to resolve conflicts and process emotions on a daily basis. As students become comfortable
with their emotions and ability to communicate, they gain confidence in themselves and are
better able to withstand negative peer pressure.
These activities are designed to help students: a) be productive in school and in using free time
wisely; b) participate in groups and care for others; c) avoid unhealthy choices and; d) adapt to
multiple social settings.
3^3
Hope Through Housing Foundation
ae=: ao "earw.ga :A 9+73G
Proposal to the City of la Quinta
9p9 es s zua F apv a;e >vu
Page 2 of 4
W wr o
Community Partnerships:
Hope creates partnerships with local affiliates to provide staffing for After School and Beyond. In
La Quinta, Hope partners with the Family YMCA of the Desert to provide on -site staffing and
programming for the Vista Dunes community. Hope chose the Family YMCA of the Desert
because it is a well respected organization with a long history of providing quality after school
programming in the desert regions. Both Hope and the YMCA are committed to partnerships
that share resources and utilize shared strengths in order to provide quality programming that
not only benefits the children and youth that attend but that are also part of the larger
community.
Program Obiectives and Outcomes:
By providing year round five day a week programming to residents of the Vista Dunes
apartment homes and surrounding neighborhood, Hope will achieve the following objectives:
• After School and Beyond will maintain an average daily attendance (ADA) of thirty (30) low
to moderate income children and youth
• After School and Beyond will be supplemented with two (2) family events per quarter (8 per
year).
• After School and Beyond will add special summer activities such as swimming, 'camps',
and other thematic learning and enrichment activities.
Additionally, National CORE's Department of Research and Evaluation provides outcome
evaluation as well an ongoing program monitoring to guide Hope in meeting its objectives.
Using site observations, pre and post measurement tools and surveys, the following
components of each After School and Beyond program site are reviewed:
• Physical and Emotional Safety
• Staff -child relationships
• School engagement
• Social problem solving
• Peer relationships
• Student and parent satisfaction
• Staff satisfaction and training needs
An evaluation report is published yearly. Program changes and staff training are guided by this
report, and by ongoing needs assessment and feedback.
ORGANIZATION SUMMARY
Founded in 1998, Hope Through Housing Foundation (Hope) is the social services arm of
National Community Renaissance (National CORE) —a non-profit housing development
organization dedicated to neighborhood revitalization and enhancement. National CORE builds
and manages quality, service -enriched affordable housing nationwide. Its current portfolio
includes 71 family and senior properties nationwide, 54 of which are located in five counties
across Southern California. Twelve of these are located in Los Angeles County. Hope was
developed to ensure that each National CORE property provides high -quality social services to
its residents. This unique relationship provides an integration of best practices that changes
neighborhoods and re -shapes families.
Together, the combined mission of Hope Through Housing Foundation and National CORE is to
provide quality affordable housing and community services that result in healthy, stable, and
successful individuals, families, and communities.
3 4
Hope Through Housing Foundation 9065 _A 91730
Proposal to the City of La Quinta
Page 3 of 4 °^s' 483 2444 F 909 176 5912
To achieve this mission, Hope has identified three key areas in which quality services can have
long tens impact on individuals, families, and communities. This has resulted in a focus on
three key initiatives, each with research driven objectives.
♦ Child Development
O iective: Children start school ready to learn.
In partnership with quality licensed providers such as Head Start, Hope offers quality
preschool opportunities on some National CORE properties.
♦ Youth Development
Obiective: Youth are academically competitive and prepared for life long learning.
After School & Beyond is Hope's comprehensive program that includes academic
enrichment activities; nutrition education and recreation; and violence prevention.
♦ Senior Wellness
O 'ective: Older adults maintain their health and independence through active
participation in their community.
On -site senior service coordinators provide a combination of structured activities that
help seniors remain socially connected to the community, maintain their physical fitness,
and meet basic nutritional and other health needs.
CONCLUSION
Children who live in affordable housing face many risks to their school and life success.
National CORE, Hope through Housing, and the YMCA of the Desert have a well -developed
partnership that effectively and efficiently provides the families of Vista Dunes with high quality
services for children, youth and families to help mitigate those risks. The support offered by the
program goes far beyond homework assistance or recreational activities; it provides a safe
nurturing environment where these children build positive peer and adult relationships. With the
city's support, we can expand After School and Beyond to include summer sessions and
extended hours on minimal school days to provide low income youth with a continuum of
service year round.
Hope Through Housing Foundation
Proposal to the City of La Quinta
Page 4 of 4
325
90oS Hare�Ave".ce S.,-.e 'Jp ?aocn.:: :..: _i.�- ., •�'s.
1d3 2441
COACHELLA VALLEY �.'--. _,%C0A1C PARTNERSH!F
May 10, 2010
Tom Genovese
City Manager
City of La Quinta
PO Box 1504
La Quinta, CA 92247
Dear Mr. Genovese:
On behalf of the Board of the Coachella Valley Economic Partnership, I would like to thank you
for your past investment and active involvement in your regional economic development
organization. We would also like to thank you for the opportunity to brief your Council on the
Coachella Valley Economic Blueprint. As you know, this was a result of the collaborative effort
with all the cities, county and regional stakeholders participating and supporting financially.
Now that the analysis and planning is complete, we set our sights on the tasks ahead;
diversifying the economy and attracting new, high paying jobs to our Valley.
Our goals are ambitious, but our resolve is steadfast. Together we can make this a reality. We
must think and act differently in the months and years ahead if we are to realize the successes
that are within our reach. We know that these are tough economic times; we understand the
choices that cities, small business and individuals must make, but now is the time. We have the
strategies in place, the opportunities before us and the momentum to make this happen.
Your investment:, and I do mean investment, will pay dividends in the future of our Valley. We
will raise the per, capita income, create new jobs, create a demand for housing and retail, and as
a result, tax revenues will increase, development fees that support infrastructure projects will
come in and discretionary spending will create retail and commercial opportunities. These are
all long term dividends on your investment. Aside from the short term dividends that your
investment creates in the form of direct scholarships for our Valley youth, over 1.4 million in our
valley last year and over $74,000 in La Quinta we offer the opportunity for a long term dividend
on your investment. We need your leadership and commitment. Without it, we cannot succeed.
Specifically, we are a§kftthat the City `tYftg'Qb to commit to gh tnvesfmdnt of $100,000 in the
PY 2b"411 Wdgetr Understanding that the City cannot commit to future budgets, we would
also request that this same amount be included as a line item in budget discussions for the
following four (4) years for a total five year "pledge".
Sincerely,
Wesley Ahlgren
Director
y
73-7-0''ED WAFIM1,-,,arvE.SUP- 106 FA;M DESfa I. CAUH)N.NIA 9226:' 4. 7II4-''5M-%x. 1603�9212 A?C^M
3^6
March 9, 2010 5
- ,:a
--J
Doug Evans _ :cw --
Assistant City Manager —Development Services
City of La Quinta
78-495 Calle Tampico
c/o P. O. Box 1504
La Quinta, CA 92247
Mr. Evans:
On behalf of the working families residing in the City of La Quinta, Hope Through Housing
Foundation (Hope) is respectfully requesting that the City of La Quinta allocate funds to support
our services eftbits at the Vista Dunes Courtyard Homes. We are attempting to increase the amount
of services offered at Vista Dunes to meet the needs of our residents. In seeking to expand services,
we are looking at several sources to fund these costs. With the City's assistance, we have
successfully secured $29,000 from the HOME Depot Foundation for this purpose. It is our goal to
seek every source available to help fill this need. However, because these sources are competitive
and we are unable to guarantee success, we are also seeking a potential allocation of $50,000 from
your budget to support specific on -site services. These funds will be used to expand current after
school programming at the Vista Dunes Courtyard Homes. In the event we are successful with
other sources, we could either expand services further, or potentially reimburse the City for its
contribution.
Founded in 1998, Hope is the social services arm of National Community Renaissance (National
CORE). As you are aware, National CORE in partnership with the City recently purchased the
completed construction of Vista Dunes Courtyard Homes, an affordable apartment community that
provides quality safe housing for families earning 30%-50% of the area medium income (AMD in
the City of La Quinta. Families who live here include many of our school workers, office workers,
medical personnel and other service workers whose salaries are not sufficient to pay market rate
prices for housing.
Hope and National CORE work together to improve communities by delivering the important
combination of quality housing and humanservices for families, children and adults where they
live. Hope's services are anchored in three key initiatives: Child Development (preschool); Youth
Development (after -school); and Senior Health and Wellness (social, emotional, and physical
health). By concentrating on these objectives, we are able to focus our scope of work on quality;
deliver services that embody industry best practices; and have a measurable impact on the lives of
residents.
At the Vista Dunes community, Hope partners with the Family Desert YMCA to provide after
school programming three days a week during the school year. Hope's goal is to provide this
important program five days a week year round. Our current revenue stream does not allow for this
expanded programming. These families do not have the extra income to avail themselves of the
fee -based enrichment or academic programs that may be available to them through the schools or
communities. In some cases we have successfully received CDBG funds and other sources from
our City partners to help support these efforts. With the City's help, these children will have the
opportunities they need to build academic and social skills.
•• 327
..
9065 Haven Avenue, Suite 100. Rancho Cucamonga, CA 91730
909.483.2444 Fax 909,483. 2448 u^Uonalcore.c-
We are appreciative of the City of La Quinta's commitment to providing safe, quality housing for
all of its residents, and we are hopeful that the City will extend that commitment to ensuring that all
of its resident,; have access to the full range of services they need. We would be happy to meet with
you, and to take you on a tour of the program at Vista Dunes. George Searcy, Executive Director
of Hope Through Housing, will give you a call next week to discuss next steps.
Sincerely,
Alfre o - vicS h
VP, uisitions
National CORE
328
• HOPE THROUGH HOUSING FOUNDATION
• • PROPOSAL TO THE CITY LA QUINTA
• • AFTER SCHOOL AND BEYOND
HELPING AT RISK YOUTH SUCCEED
HOPE through HOUSING
FOUNDATION
INTRODUCTION
Hope Through Housing Foundation (Hope) is requesting $50,000 from the
City of La Quinta to support year round after school programming for children
and youth residing in and around the Vista Dunes Courtyard Homes
affordable housing community. Hope, in partnership with the Family Desert
YMCA, currently offers After School and Beyond five days per week during the
school year. Additional funds from the City of La Quinta will be combined with
an awards grant from the Home Depot Foundation ($29,000) to ensure that
these at -risk children have additional access to the academic, social, and
emotional support during the summer and minimal days increasing their
chances for school and life success.
THE NEED
Research has identified low academic achievement, negative peer
relationships, poverty, and lack of adult supervision between the hours of 3:00
and 6:00 p.m. as reliable predictors of juvenile delinquency, including criminal
and gang activity. These have been demonstrated to increase the incidence
rates of high risk behavior and, subsequently, the decreased likelihood of
completing high school. Conversely, at -risk children and adolescents who
spend the after school hours engaged in high quality, adult supervised
activities have better academic and social outcomes. These improved
outcomes include reduced juvenile delinquency and gang involvement, and
higher rates of high school graduation. Such outcomes affect not only the at -
risk youth but the broader communities in which they live.
Vista Dunes Courtyard Homes
Vista Dunes Courtyard Homes is an affordable housing community managed
by Hope's partner organization, National Community Renaissance.
Completed in 2008, Hope began providing after school services in September
2008. Vista Dunes houses some of the most economically challenged families
in the city; the median income of residents is currently $21,000 compared to a
median household income of $78,000 for the City of La Quinta.
Because the City of La Quinta is relatively affluent (median annual household
income in the city in over $78,000), there are limited free or reduced cost
services available to families who need help for children struggling in school or
who simply need a safe place to go in the afternoon. Many local afterschool
programs are fee -based and unaffordable to Vista Dunes families.
Additionally, the School -based programs that are funded through state and
federal programs have limited enrollment (84 students in elementary school
and 111 students at middle schools).
329
Hope Through Housing Foundation 9055 Hz,en Asec,,c Suite tuC I Rancho Cucamonga CA 91730
Proposal to the City of La Quinta T 909 483 2444 i F 909 476 591 J
Page 1 of 4
W www. �
Furthermore, families who live in affordable housing communities traditionally face
transportation and scheduling challenges that often preclude them from being able to enroll their
children in either academic assistance programs or in enrichment activities. Most of these
children come home in the afternoon to empty apartments. A recent survey of After School and
Beyond parents across Southern California revealed that up to 81% of parents feel they cannot
help their children with their homework either because do not have the time, or lack the ability.
These children need additional support if they are to succeed in school, avoid criminal activity,
and become productive members of their communities.
PROGRAM DESCRIPTION: AFTER SCHOOL AND BEYOND
After School and Beyond is Hope's signature after school program that nurtures children from
low- to moderate -income families so they can become academically competitive and prepared
for life-long learning. Because Hope's services are housing -based and part of a larger
community collaborative, they offer a unique opportunity to interact with the whole family,
thereby having a greater impact. On -site community learning centers provide a literacy -rich
environment equipped with proper physical space, computers, books, and other academic
resources.
After School and Beyond combines age -appropriate academic support (including homework
assistance and tutoring) with enrichment activities and a violence prevention curriculum for
children in grades K-8. In addition, a family involvement component strengthens the support
services available to children and youth.
• Tutoring and Homework Assistance: Each day, youth receive one hour of homework
assistance. During this time, students have access to a fully furnished computer laboratory
with high speed intemet access. Students can use this lab to do computer -based homework
and access instructional software.
• Balanced Literacy: Each of Hope's community leaming centers are literacy -rich
environments where students have access to a leveled reading library and are encouraged
to select from age appropriate selections to read for pleasure. Learning centers are designed
so that students are surrounded by print materials, and trained staff guide students in shared
reading activities. Additionally, staff incorporates writing throughout the afternoon both
through modeling and by encouraging independent student writing activities and projects.
• Project based learning: Students work together on projects that support in -school learning.
Keeping at -risk youth engaged in learning from real life circumstances help these students
connect school to life.
• Anti -Violence Curriculum: Hope uses the nationally acclaimed PeaceBuilders curriculum to
help youth develop supportive peer and adult relationships. PeaceBuilders is designed so
that the curriculum is incorporated into the program environment. Using such activities as
praise notes and the Peace Pledge helps students develop problem solving skills and learn
to resolve conflicts and process emotions on a daily basis. As students become comfortable
with their emotions and ability to communicate, they gain confidence in themselves and are
better able to withstand negative peer pressure.
These activities are designed to help students: a) be productive in school and in using free time
wisely; b) participate in groups and care for others; c) avoid unhealthy choices and; d) adapt to
multiple social settings.
330
Hope Through Housing Foundation 4065 Haven A.er�oe Suite 100 Rafidw Cucamonga CA 91730
Proposal to the City of La Ouinta
Page 2 of T 9J9 383 2444 I F 909 476 5911
w ww 'r9
Community Partnerships:
Hope creates partnerships with local affiliates to provide staffing for After School and Beyond. In
La Quinta, Hope partners with the Family YMCA of the Desert to provide on -site staffing and
programming for the Vista Dunes community. Hope chose the Family YMCA of the Desert
because it is a well respected organization with a long history of providing quality after school
programming in the desert regions. Both Hope and the YMCA are committed to partnerships
that share resources and utilize shared strengths in order to provide quality programming that
not only benefits the children and youth that attend but that are also part of the larger
community.
Program Objectives and Outcomes:
By providing year round five day a week programming to residents of the Vista Dunes
apartment homes and surrounding neighborhood, Hope will achieve the following objectives:
• After School and Beyond will maintain an average daily attendance (ADA) of thirty (30) low
to moderate income children and youth
• After School and Beyond will be supplemented with two (2) family events per quarter (8 per
year).
• After School and Beyond will add special summer activities such as swimming, "camps",
and other thematic learning and enrichment activities.
Additionally, National CORE's Department of Research and Evaluation provides outcome
evaluation as well an ongoing program monitoring to guide Hope in meeting its objectives.
Using site observations, pre and post measurement tools and surveys, the following
components of each After School and Beyond program site are reviewed:
• Physical and Emotional Safety
• Staff -child relationships
• School engagement
• Social problem solving
• Peer relationships
• Student and parent satisfaction
• Staff satisfaction and training needs
An evaluation report is published yearly. Program changes and staff training are guided by this
report, and by ongoing needs assessment and feedback.
ORGANIzATioN SUMMARY
Founded in 1998, Hope Through Housing Foundation (Hope) is the social services arm of
National Community Renaissance (National CORE) --a non-profit housing development
organization dedicated to neighborhood revitalization and enhancement. National CORE builds
and manages quality, service -enriched affordable housing nationwide. Its current portfolio
includes 71 family and senior properties nationwide, 54 of which are located in five counties
across Southern California. Twelve of these are located in Los Angeles County. Hope was
developed to ensure that each National CORE property provides high -quality social services to
its residents. This unique relationship provides an integration of best practices that changes
neighborhoods and re -shapes families.
Together, the combined mission of Hope Through Housing Foundation and National CORE is to
provide quality affordable housing and community services that result in healthy, stable, and
successful individuals, families, and communities.
331
Hope Through Housing Foundation 9065 Haver Avenge SU4e 100 Rancho Cucac onga CA 91730
Proposal to the City of la Quinta 909 493 2444 ' F 909 476 5912
Page 3 of 4 W
To achieve this mission, Hope has identified three key areas in which quality services can have
long term impact on individuals, families, and communities. This has resulted in a focus on
three key initiatives, each with research driven objectives.
♦ Child Development
Obiective: Children start school ready to learn.
In partnership with quality licensed providers such as Head Start, Hope offers quality
preschool opportunities on some National CORE properties.
♦ Youth Development
Objective: Youth are academically competitive and prepared for life long learning.
After School & Beyond is Hope's comprehensive program that includes academic
enrichment activities; nutrition education and recreation; and violence prevention.
♦ Senior Wellness
Obiective: Older adults maintain their health and independence through active
participation in their community.
On -site senior service coordinators provide a combination of structured activities that
help seniors remain socially connected to the community, maintain their physical fitness,
and meet basic nutritional and other health needs.
CONCLUSION
Children who live in affordable housing face many risks to their school and life success.
National CORE, Hope through Housing, and the YMCA of the Desert have a well -developed
partnership that effectively and efficiently provides the families of Vista Dunes with high quality
services for children, youth and families to help mitigate those risks. The support offered by the
program goes far beyond homework assistance or recreational activities; it provides a safe
nurturing environment where these children build positive peer and adult relationships. With the
city's support, we can expand After School and Beyond to include summer sessions and
extended hours on minimal school days to provide low income youth with a continuum of
service year round.
Hope Through Housing Foundation
Proposal to the City of la Quinta
Page 4 of 4
332
9065 Haven Avenue Suite 100 . Rancho Cucamonga A 91730
T 909 483 2444 F 909 476 --
W .1
BOARD MEMBERS
Victory Grand
4"10 Via Linda
Lo Quinta CA 92253
Doug Forsberg
49419 Avenida Vista Bonita
Lo Quinta CA 92253
Shirley Gray
78601 DeaconDriveE.
La Quinta CA 92253
Greg Solis
78-015 Main Sheet
La Quinta CA 92253
Deborah Rubin
to Quinta, CA 92253
Julia Burt, Any at Law
La Quinta, CA 92253
Jacque Linlecum
79-680 Via Sin Cuidado
Lo Quinta, CA 92253
OLD TOWN ARTISAN STUDIO
A 501(cx3) Public charity 26.4437293
7&100 Main Sheet A 104
to QuiMa, CA 92253
May 7, 2010
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Dear Mayor Don Adolph and Members of La Quinta City Council,
Old Town Artisan Studio and its Board greatly appreciate your
consideration of our request to the City of La Quinta to match
privately donated funds of $25,000.00 in support of our ongoing
work in the community. Because this request is larger than the
normal grant funds allotted, we are bringing this to you at budget
planning time.
Please do not hesitate to contact me directly if I can supply
any further information or answer any questions regarding our
proposal, our mission, or our plans to serve in our community.
Sincerely yours,
Lin Garretson
Executive Director
Old Town Artisan Studio
ofc 760-777-1444
cell425-766-9009
Lin@otanisan.com
www.otailisan.com
333
Old Town Artisan Studio
Request for Matched Funds Grant
Friday, May 7, 2010
Old Town Artisan Studio opened its doors one year ago in March. We are often told by many among
the high volume of walk-in visitors how much our studio is an appreciated and valued asset to the Old
Town experience and to our City of La Quinta.
Our studio is unique in its mission and purpose to offer a high quality, clay oriented art experience to as
many (of all age and incomes) as possible. Recognizing the therapeutic value of a socially
interactive, creative, hands-on artistic endeavor, we are a 501(c)(3) charitable organization,
which serves other charities in La Quinta and. Coachella Valley through our non -fee based programs.
We also serve the public with many interesting fee paid class opportunities which add to the fun and
convivial atmosphere of the studio. Our paid classes also help to support the non -fee based programs
and our operating expenses.
Our Artisan/Instructors are well qualified with years of teaching experience in potters wheel work,
sculpture and hand building.
While we do not offer "clinical art therapy" per se, our clients do receive many of the same benefits of
very expensive clinical programs.
A quote from the International Art Therapy Organization states that "Art has the potential to change
lives and often in profound ways. When words are not enough, we turn to images and symbols to tell
our stories ... and in telling our stories we often find emotional reparation and transformation."
Because so many creative programs have been cut from the budgets of schools and state facilities
we are aware of an even greater need for our services. We are hopeful to rise to that need by adding
to our programs of outreach which already extend to Boys and Girls Club, Big and Little Sisters,
Salvation Army, Downs Syndrome Group, Braille Institute, Senior groups, Cancer Survivors, La
Quinta High School mainstreamed impaired students, and others.
As is the case with many organizations, our mission has evolved and intensified toward our non-profit
programs since its initial conception. When our first $5,000 grant came in support of our non -fee based
programs, our donor asked that we request matched funds from the City of La Quinta so that we could
make a significant impact in La Quinta with our non -fee programs.
Having seen first hand the impact on the self-esteem of special needs teens, the interaction & physical
improvements with seniors, the shared sympathy, wisdom and encouragement of our 'Bridging the
Gap" cross generational classes, we have become very focused, intentional and dedicated to providing
these programs to as many as funds will allow.
One hundred per cent of our recent City of La Quinta grant of $5,000 went directly into our
restricted charitable organization account and is specifically being used to cover hard costs of our
non -fee based classes serving La Quinta residents.
334
We respectfully ask that the City of La Quinta again match donated
funds with us as we expand our outreach to many other groups
who have requested our services and with whom we are in process
of creating programs especially those aimed at full-time residents
of La Quinta over this Spring, Summer and Fall seasons.
Our current list of 7 (Executive Board Members and 24 Artisan
Members all live full-time or seasonally in La Quinta and
enthusiastically support the studio's activities and presence in Old
Town Village of La Quinta.
Our board members as well as many La Quinta and Coachella Valley residents use our fee based classes
and donate time and services in kind to help grow our studio into a shining star and a destination
attraction of the village and La Quinta in general.
We are proceeding with a sincere and concerted
effort toward financial sustainability including the
implementation of new paid programs and fund raising
,{ events. Current plans include: 3 day summer camps for kids,
v home school partnering, after school programs, after hours
5 events for social groups and well-known artists teaching
workshops and shows. Additionally, we will partner with
American Heart Association, Stroke Awareness, Salvation
Army, and Mourning Star in fund raising events.
This Spring our sidewalk ceramic egg painting activity was
wonderfully received and we have several other interactive
and studio events planned for the coming months.
Currently, Old Town Artisan Studio conducts 144 non -fee t n
student class experiences per month. We ask that the city
match $25,000 of our recently donated funds. Of that amount y ,
one hundred per cent (100%) of that funding would go
directly to serve our non -fee based programs, providing
approximately 200 class experiences per month for the youth
special needs and seniors of our valley. We are anxious to
serve our current request list including: YMCA summer
camps and other ongoing; programs, Vista Dunes after school programs, Wolff Waters, Boys & Girls
Club, Big Brothers/Big Sisters, Salvation Army, La Quinta High School special needs, La Quinta Senior
Groups, Washington Park cancer survivors, stroke and heart attack survivors, Alzheimer's support
groups, grief therapy groups and senior special needs groups. Alzheimer's patients and autistic children.
Donations in 2010
Anenrinotis Donations
$20,000
wavy and Saar Campbell
200
Deutsch Famay Foundation
800
David 8 RLIhie Schatz
50
Tarbetl Family FtKW
1.000
Bill Jackson
50
Sandra Leland Fund
1,000
Lynn Beyer
100
City Of
LOBO
Bill Dodd
100
Jay Green
900
John 8 Dianne Mullin
200
wtndanrere Real Estate
1500
Catherine Duke
500
Spence Lehman
500
Silvia VoortYes
500
Jeff Gelderman
308
Nan 8 Jan Newman
200
Grand 8 Go. Inc.
1200
Delta Davis
200
Twenp«nvee Boyd MenDys
6900
Donlan 6 Janet Cumi pern
200
Betty Bushman
100
Fund Raiskq
12,00
Lucklda Kelly
100
TOTAL
$49.580
Old Town art .:...... .: .... :... _ ;, ::., ;, ,... r. 335
CINCINNATI, ON 45201
Date: ' Dr' j 2 % LOOJ
OLD TOWN ARTISAN STUDIO INC
C/O JULIA E BURT -
78-100 MAIN ST STE 104
LA QUINTA, CA 92253
Dear Applicant:
Employer Identification Number:
26-4437263
DLN:
17053219313009
Contact Person:
JACOB A MCDONALD ID8 31649
Contact Telephone Number:
(877) 829-5500
Accounting Period isnding:
December 31
Public Charity Status:
170 (b) (1) (A) (vi)
Form 990 Required:
Yes
Effective Date of Exemption:
March 4, 2009
Contribution Deductibility:
Yes
Adde-dwn wppaiee:
No
We are pleased to inform you that upon review of your application for tax
exempt status we have determined that you are exempt from Federal income tax
under section 501(c)(3) of the Internal Revenue Code. Contributions to you .are
deductible under section 170 of the code. You are also qualified to receive
tax deductible bequests, devises, transfers or gifts under section 2055, 2106
or 2522 of the Code. Because this letter could help resolve any questions
regarding your exempt status, you should keep it in your permanent records.
Organizations exempt under section 501(c)(3) of the Code are further classified
as either public charities or private foundations. We determined that you are
a public charity tinder the Code section(s) listed in the heading of this
letter.
Please see enclosed Publication 4221-PC, Compliance Guide for 501(c)(3) Public
Charities, for some helpful information about your responsibilities as an
exempt organization.
CWZ
OLD TOWN ARTISAN STUDIO INC
We have sent a copy of this letter to your representative as indicated in your
power of attorney.
Sincerely,
en
Cyam. r
ZF � 1f �. (Se-'
336
OFFICERS:
JOHN M. FOSTER
PRESIDENT
HOWARD LESTER
FIRST VICE PRESIDENT
LARRY LICHLITER
TREASURER
DAVID J. ERWIN
SECRETARY
ERNIE DUNLEVIE
SECOND VICE PRESIDENT
DIRECTORS_
DAVIDI. ERWIN'
IOHN M. FOSTER'
THOMAS J. GORDON
GREG HELM
STEVE HUBBARD
IOEKIRBY
IOHN LANE
HOWARD LESTER-
LARRY LICHLITER'
VICTOR LOBUE le.
ROGER LOW
PAUL LYON
KEVIN MaGUIRE
STEVE MORTON
RICHARD A. RAMHOEF
LAMES R. REED
CLARKE RHENEY
DAVIS SEZNA
DICK R. ZEIGLER
TOURNAMENT CHAIRMAN
LARRY O. THIEL
TOURNAMENT DIRECTOR
MICHAELE. MHSHORPE
DIRECTORS EMERITUS
ERNIE DUNLEVIE'
ROBERTR BRENNAN
IOHN E. EVENSON
EUGENE W EISBERG
1EXECUTIVE COMMITTEE,
(760)346-8184
1-888-MR B HOPE
FAX (760) 346-6329
Website: www.bhcc.com
_ .nail: bhccadmin@bhcc.com
BOB HOPE CLASSIC
POST Office Box 865, Rancho Mirage, California 92270
Bob Hope Classic Building, 39000 Bob Hope Drive, Rancho Mirage, California 92270
May 14, 2010
Mr. Don Adolph, Mayor,
And Members of the City Council
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Dear Mr. Mayor and Members of the City Council:
We are so very pleased to provide you with this report on the
2010 Bob Hope Classic along with our request for a third joint
marketing agreement for 2011. We feel the past two years have
been quite successful and look forward to an even more fruitful
year in 2011.
Contained in this letter is
1. A review of last year's tournament, including
a. Marketing
b. Attendance
c. Economic Impact
d. Community involvement
e. Charities.
2. A look ahead at the 2011 Bob Hope Classic
3. A Request for participation by the City of La Quinta
in the 2011 Bob Hope Classic
We are very happy to report that the 2011 Bob Hope Classic
will, once again, be played on courses within the City of La
Quinta; the same four courses and rotation as 2010, in fact.
Additionally, La Quinta Resort and Spa will again serve as our
Official Hospitality Partner and host many of our players and
evening events. We're especially happy to have Homewood
Suites open this year so we can attempt to accommodate even
more guest in La Quinta.
337
i
FOP.
City of La Quinta and The 2010 Bob Hope Classic
Marketine. In 2010 the Bob Hope Classic far exceeded the marketing impact called for
in the Supplemental Marketing Agreement. The benefits the City of La Quinta garnered
from our advertising programs included:
1. Local Advertising (Featuring City of La Quinta Logo/fag)
a. Outdoor
i. Twelve (12) Boards for three months (November through January)
ii. Four unique designs were used on these billboards
b. Desert Sun Newspaper
i. 1,200 Column inches
ii. 42 unique insertions
c. Local television
i. 782 30-second television spots
1. Cable and local network affiliates
ii. Two unique commercials
2. Regional/National Advertising and Marketing (Featuring City of La Quinta
Logo/fag)
a. Six (6) Southern California Lifestyle and/or Golf Magazines
i. Advertisement was developed by City of La Quinta ad agency
promoting the City
ii. Emphasis in Southern California feeder markets of Los Angeles
and Orange County
b. Digital marketing ("eblasts") to 60,000 email addresses purchased from
the PGA TOUR
i. 150-mile radius, excluding Coachella Valley
ii. Offer: Ticket and Room package
1. In cooperation with Embassy Suites and La Quinta Resort
and Club
c. Online banner advertising in key feeder markets
i. San Francisco, Seattle, Minnesota, Chicago, Salt Lake City,
and Portland
d. Website
i. New design and functionality
1. Increased traffic from 200,000 page views in 2009 to
300,000
2. All La Quinta Hotels and Restaurants were provided prime
display spots
e. Social Media:
i. 100% incremental to 2010 Supplemental Marketing Agreement
ii. Facebook and Twitter
1. Each had greatest number of followers of any comparable
PGA TOUR event
2. Ample display of City of La Quinta logo/tag
338
Attendance. The lack of "gates" and fences on the four courses prohibits us from
precisely quantifying the number of fans on -course. However, we can report the
following credentials distributions.
1. Full Tournament Badges: 27,300
a. Good for all five days of tournament
b. Represents up to 135,500 "fan days"
2. Daily Tickets: 53,000
3. Hospitality guests (people provided with credentials and access to Hospitality
Tents on the course): 5,100
4. Guests at private functions at homes on the courses are substantial but not tracked.
Economic Impact. With no formal economic impact study conducted in 2010, there is
no ability to precisely gauge the economic impact. We do know, from the study
undertaken in 2009 by the City of La Quinta, that the average daily expenditures by fans
are substantial.
1. 75% who attended stayed at least one night
2. 47% stayed 3 to 9 days
3. 87% reported seeing Bob Hope Classic advertising
4. Average daily expenditures in the City of La Quinta was $368.66
a. Food and Drink: $107.70
b. Shopping and Gifts: $81.96
c. Entertainment and Events: $88.03
d. Lodging: $90.97
Community Involvement. Here again, the Bob Hope Classic is pleased to have over -
delivered to the City with additional community activities. These City of La Quinta
involvement activities included:
1. La Quinta High School: The sports teams were able to sell daily tickets and retain
100% of the proceeds.
2_ Chamber of Commerce:
a. Ticket sales — The Chamber sold weekly badges and retained 15%
commission.
b. Mayor's "Classic Kick Off Breakfast"
i. Monday of Tournament Week
ii. Held in Bob Hope Club overlooking 18a' green at PGA WEST
iii. Past Champion David Duval featured
3. Old Town La Quinta/The Village
a. Second year of Bob Hope Classic retail store in Old Town
b. Charity check distribution held in Old Town
i. Participation by Mayor Adolph
ii. Participation by assorted celebrities
4. City of La Quinta Restaurants
a. Seven (7) restaurants featured at Classic Celebration "Jam Session" Parry
b. "Passport to Fine Dining"
i. Thirteen (13) La Quinta restaurants participated
1. Each featured a "Classic" food or beverage item
339
3
ii. BHC provided "passports" and promotional materials at no charge
1. Encouraged visitors and residents to visit up to six different
restaurants in order to earn free Daily Tickets
Charities. Once again Mayor Adolph served on the Charity Evaluation committee and
the distribution of checks was held in La Quinta. Celebrities Yogi Berra, Tom Dreesen
and La Quinta's own Bill Devane were on hand to help with distributions. There was
significant news coverage (television and newspaper) of this event.
It should be noted that even without a title sponsor in 2010, the Bob Hope Classic
remained steadfast in its support of local charities by distributing $1,540,000. This
brought the total to nearly $50,000,000 to date.
2011• The New Hope
Our mission for the 2011 Bob Hope Classic is to make it the "greatest golf event anyone
could experience." By anyone, we mean the Professional, Celebrity, and Amateur
contestants, but also the fans, our sponsors and the City of La Quinta. By "experience"
we mean the caliber of golf, the treatment of the contestants, the on -course experience the
fans will enjoy (access, food and beverage, fan interaction areas, and more), and even, to
the degree we can influence it, the treatment our fans receive in the restaurants, shops and
hotels in La Quinta. We want each guest to rave about the Bob Hope Classic — and the
City of La Quinta.
Even without a title sponsor confirmed at this time (and as the search and negotiations go
on), we stand filly committed to a) support the charities in the Valley and b) rebuild "the
Hope" into the prestigious, world -class event it has been.
Enhanced Tournament Experience.
1. For the contestants we intend to introduce such amenities as
a. Concierge services
b. Reduced room rates at local hotels
c. "Stay with Locals" program for caddies and younger professionals
d. Additional evening events
2. For the fans
a. Work diligently to attract higher profile professionals and celebrities
i. Currently in personal contact with many key players/celebrities
b. Expand on the tremendously successful Hope Square
c. Expand the "Experience of 17 Green"
d. Lower credential costs
e. Maximize accessibility
340
4
Request for 2011 SUDPOrt from City Of La Quinta
With the 2011 courses all in the City of La Quinta again, we want to build on our terrific
relationship. The impressive team spirit that has developed between your staff and ours is
the reason we have been able to over -deliver on many of the areas defined in the
Supplemental Marketing Agreement of last year.
We also understand the strains placed on cities by State and Federal governments — and
the economy in general. For this reason we are suggesting that the Bob Hone Classic
deliver as much or more than 2010 while the contribution from the City of La Quinta be
less than last year.
Specifically, we are requesting the following "in -kind" services from the City of La
Quinta:
1. Fire/Emergency/Medical: Not to exceed $25,000 (same as 2010)
2. Recycling/Waste Management: Not to exceed $15,000 (same as 2010)
3. Police: Not to exceed $90,000 (a reduction of $15,000 from 2010)
Discussion. Last year, we are told, the actual expenditure for police services was $66,000.
However, we experienced some severe traffic congestion problems, especially on the
final day of play at the intersection of Avenue 54 and Jefferson. We would like to request
enough police personnel to avoid this issue in 2011. Also, we fully expect our PGA
TOUR players and our celebrities to be higher profile individuals next year which will
likely require additional on -site security.
We believe the information contained herein is quite complete; however please do not
hesitate to call on us for any further clarifications and/or information we might have
available.
Very truly yours,
XOOOO
Greg J. Helm
Bob Hope Classic
Chairman, Marketing Committee
Cc: Doug Evans, City of La Quinta
Edie Hilton, City of La Quinta
Maria Casillas, City of La Quinta
Deborah Powell, City of La Quinta
Larry Thiel, Bob Hope Classic Tournament Chairman
Scott Easton, Bob Hope Classic Operations Director
341
June 3, 2010
Staff Outline for Fiscal Year 2010/2011 Preliminary Budget
City Manager - 5 minutes
• Summary of Financial Condition
• Summary of Preliminary Budget
• Summary of Revenues
1. Expenditures
2. Review Items Listed on Transmittal Letter
Finance Director - 15 minutes
• B-1 - Present Organizational Chart
• B-9 - Review of community profile which compares changes in the categories
listed.
• B-7 - Present: General Fund Revenue Pie Chart which shows percentages.
Mention that Pages D-1 through D-5 graph major revenue items and we are
prepared to go over them if requested.
• B-6 - Present General Fund Operating Expenditures Pie Chart - not net of
reimbursement. This indicates in what areas the City is directing its efforts.
• B-5 - Present City, RDA, Financing and Housing Authority expenditures by
component - this is how each dollar of total expenditures is broken down.
• C-1 - Review of the Budget Summary by Fund which brings together the
financial activities of all the City, RDA and Financing Authority Funds.
342
• C-5 - Review of reimbursements to the General fund from other funds - other
funds pay for personnel and operating expenditures that are recorded in the
General Fund.
• Section E - Explanation of Department by Department overviews of City
operations.
• 1-1 & 1-2 - Review of the City capital improvements approved by the Council in
the Five Year Capital Improvement Plan.
Question & Answer Period
343
City of La Quinta
FY 2010/2011 - Major Highlights
Staff Resources:
Reduced Funding fora Principal Planner
Reduced Funding for a Senior Engineer
CaPbl Spending -$
Major Projects -
Washington St Apts Rehabilitation
Si verRock Canal
Jefferson Street Parkway Landscaping (Vista Grande to Westward Ho)
Dune Palm Rd Street Improvements
Highway 111 Median Landscape improvements
Village Land Acquisition
Washington St. Dual Left at Ave 48
Traffro Signal - Eisenhower Dr and Sinaloa
REVENUES
An Funds Anticipated Fund Sources
Three Major Fund revenues:
General Fund
RDA PART Debt Service 1
RDA PA#1 Debt Service 2
General Fund Anticipated Funding Sources (A)
Major Sources of General Fund Revenues
Sales
Inisrgovenunental
Motel Room Tax
EXPENDITURES
All Funds Anticipated Uses
Three Major Fund Fpenditures:
Capital Projects
RDA PA 1 Debt Service Fund
RDA PA 2 Debt Service Fund
OTHER
Green & Sustainable Environmental Goals
General Fund Anticipated Expenditures (B)
SuO-W(Deficit) (A){B)
21-May-10
Department
Planning
Public Works
$ 6,267,558 1 1 $ 22,657,314 1 1 $
$ 7,300.000
3 6.000.000
$ 2,161,048
$ 1,812,199
S 1.321,624
$ 3.900,000
$ 445,018
$ 430,000
$123,008,321 1 1 $133,618.670 1 1$ (
533,998,738
i38,930.755
i (4,932
i39,648,800
543,378,400
$ (3,729
522,293,800
$ 22,811,800
$ (518
540,141,732
$45.314,597
S (5.172
19.52%
19.24%
0.28%
27.29%
34.96%
-7.67%
12.50%
11.45%
1.05%
$149,480,082
$183,771.924
$7.051.012
$23,235.768
$44.177,522
$50,491.815
$30,068,262
$23.548,858
$ (34.291
$ (16.184.756,
$ (6,314,293;
$ 6.519.404
$371,W9 1 1 $605,282 1 1 $
$40,086,424 1 1 $ 45.303,288 1 1 $
ATTACHNItN I b
City of La Quints
Resource Allocation Plan
Revenue/Expenditure Summary
Five Year Forecast
June 14,2010
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
Operations Expenditures
39,331,130
41,514,279
44,254,996
45,998,207
48,433,857
50,357,600
TOTAL OPERATIONS EXP
39,331,130
41,514,279
44,254,996
45,998,207
48,433,857
50,357,600
Less: General Fund Revenues
33,998,738
34,158,564
35,321,435
36.231,895
37,173,082
38,146,189
Sub -Total Variance
(5,332,392)
7,355,715
(8,933,561)
9,766,312
(11,260,775)
(12,211,411
Less: Reimbursements
Gas Tax Fund
1,016,184
1,016,184
1,016,184
1,041,589
1,067,629
1,094,320
Lighting & Landscaping
Civic Center Developer Impact Fee
Capital Improvement Fund
Library&Museum Fund
AB 939
965,300
201,758
25,750
1,703,490
69,209
965,300
201,758
69,122
1,756,147
69,209
965,300
201,758
0
1,791,300
69,209
989,433
201,758
0
1,845,000
69,209
1,014,169
201,758
0
1,900,400
69,209
1,039,523
201,758
0
1,957,400
69,209
RDA Reimbursements to General Fund
2,002,503
2,002,503
2,002,503
2,002,503
2,002,503
2,002,503
Total Reimbursements
5,984,194
6,080,223
6,046,254
6,149,492
1 6,255,668
6,364,713
Transfers In
CDBG
SCAQMD
COPS & JAG Grants
Total
30,000
4,300
124,500
30,000
4,300
100,000
30,000
4,300
100,000
30,000
4,300
100.000
30,000
4,300
100,000
30,000
4,300
100,000
158.800
134,300
134,300
134,300
134,300
134,300
Transfers Out
Police/Fire
Agreements
Total
2,000
783,454
2,000
468,750
2,000
272,500=(3,739,520)(5,064,057)
2,000
2,000
2,000
0
785,454
470,750
274,500
2,000
Application of reserves
0
0
0
0
TOTAL VARIANCE
25,148
(1,611,942)
(3,027,507)
(5,714,398)
345
City of La Quinta
Resource Allocation plan
Revenue Summary
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
TAXES
Property Tax
No Low Property Tax Distribution
Property Tax- Statutory Payment
Document Transfer Tax
Sales Tax
Sales Tax Reimbursement
Transient Occupancy Tax
Franchise Tax
TOTAL TAXES
2,109,900
4,073,000
326.600
384.300
4.977.750
1,659,250
4,251,000
1,454,600
2,109,900
4,073.000
326,600
384.300
4,977,750
1,659,250
4.251,000
1,454,600
2,109,900
4.073,000
326,600
384,300
4,977,750
1.659,250
4,251,000
1,454,600
2,162,600
4,174.800
334,800
393.900
5,102.150
1,700,750
4,357,300
1,491,000
2.216,700
4,279,200
343,200
403.700
5,229,750
1,743,250
4,466.200
1.528,300
2,272,100
4,386,200
351,800
413,800
5,360,450
1.766,850
4,577,900
1.566.500
,400
19,236.400
19,236,400
19,717,300
20,210,300
20,715,600
LICENSE 3 PERMITS
Business License
Animal License
Building Permits
Plumbing Permits
Electrical Permits
Mechanical Permits
Garage sale permits
Misc. Permits
TOTAL LICENSES a PERMITS
00
00
F200,0130
00
00
00
15,000
50,000
288,400
29,700
200,000
25,000
19,000
28,000
15,000
50,000
288,400
29,700
200,000
25,000
19,000
28,000
15,000
50,000
295,600
30,400
205,000
25,600
19,500
28.700
15,400
51,300
303,000
31.200
210,100
26,200
20,000
29,400
15.800
52.600
310,600
32,000
215.400
26.900
20,500
30.100
16,200
53,900
655,100
655,100
655.100
671,500
688,300
705,600
FEES
General Government Fees
Community Services Fees
Finance fees
Bldg 5 Safety Fees
Community Development Fees
Public Works Fees
TOTAL FEES
4,000
337,100
8,100
250,000
50,000
235,500
4,000
337,1 DO
8,100
250,000
50,000
235,500
4,000
337,100
8,100
250,000
50,000
235,500
4,000
337.1 DO
8,100
250,000
50,000
241,400
4,000
337,100
8,100
250,000
50,000
247.400
4,000
337,100
8,100
250,000
50.000
253,600
884,700
884.700
884,700
890,600
896,600
902,800
INTERGOVERNMENTAL
Motor Vehicle In -Lieu
Off Hwy Vehicle License
Motor Vehicle Code Fines
Parking Violations
Misc Fines
CSA152
CVWD
Federal Grams
State Grants
County Grants
County Fire Service Cretlit - Station 32
County Fire Service Cretlit- Operations
TOTAL INTERGOVERNMENTAL
3.627,800
0
102,900
56,700
166,500
250,000
16.800
15.000
0
50,000
0
4,993,488
3,627,800
0
102,900
56,700
166,500
250,000
16,800
0
0
50,000
0
5.166,314
3,627,800
0
102,900
56,700
166,5130
250.000
16,800
0
0
50,000
0
6,331.165
3,718.500
0
102.900
56,700
166,500
250,000
16.800
0
0
50,000
0
6.647,745
3,811,500
0
102,900
56.700
166.500
250,000
16,800
0
0
50,000
0
6.980,132
3,906,800
0
102,900
56,700
166.500
250,000
16.800
0
0
50,000
0
7,329,139
91279,188
9,439,014
10,601,885
11,009.145
11,434,532
11.878,839
INTEREST
3,853,350
3.853,350
3,853.350
3,853,350
3.853,350
3,853,350
MISCELLANEOUS
90,000
90,000
90,000
90,000
90,000
90,000
TOTAL GENERAL FUND
33,998,738
34,158,564
35,321,435
36,231,895
37,173,082
38,146,189
Summary of General Fund Revenues
TAXES
LICENSE a PERMITS
FEES
INTERGOVERNMENTAL
INTEREST
MISCELLANEOUS
TOTAL GENERAL FUND
19,236,400
655,100
884,700
9,279.168
3.653,350
90,000
19,236.400
655,100
884,700
9.439,014
3,853.350
90,000
19.236,400
655.100
884,700
10,601.885
3.853,350
90,000
19,717,300
671,500
890,600
11.009,145
3,853.350
90,000
20,210.300
688,300
896,600
11,434,532
3,853,350
90,000
20.715.600
705,600
902,800
11,878,839
3.853,350
90,000
33,998,738
34,158,564
35,321,435
1 36,231,895
37.173.082
38,146,189
346
City of La Quinta
Resource Allocation Plan
Operations Expense Summary By Program
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
GENERAL GOVERNMENT:
LEGISLATIVE
943,068
959,000
985,800
1,013,400
1,041,900
1,071,500
CITY MANAGER'S OFFICE
447,050
461,263
470.400
484,500
499,000
513.900
DEVELOPMENT SERVICES
1,759,800
1,805,746
1,841,900
1,897.200
1,954.200
2.012,800
MANAGEMENT SERVICES
1.440.250
1,481,13E
1,510,700
1,556.100
1,602.800
1,650,900
4,590,168
4,707,147
4,808.800
4,951.200
5,097,900
5,249,100
TOTAL GENERAL GOVERNMENT
CITY CLERK
653,297
681,219
694,800
715,700
737.100
759,200
COMMUNITY SERVICES
PARKS B RECREATION ADMIN
995.035
1,037,564
1,058,300
1,090,000
1,122,700
1.156,400
SENIOR CENTER
382,725
553,583
564,700
581,700
599,200
617.200
RECREATION PROGRAMS
192,925
199,207
203,200
209,300
215,600
222,100
LIBRARY
1.425,745
1,467,633
1,497,000
1,541,900
1,588,200
1,635,800
PARK MAINTENANCE
968,600
1,414,909
1,443,200
1,486,500
1.664,200
1,716,800
MUSEUM
277,745
288,514
294.300
303,100
312,200
321,600
4,242,775
4,961,410
5.060,700
5,212.500
7502,100
5,669,900
OTAL COMMUNITY SERVICES
FINANCE:
FISCAL SERVICES
983,530
1.024,969
1,045,500
1.076,900
1,109,200
1,142.500
CENTRAL SERVICES
274,300
319,951
326.400
336,200
346,300
356,700
1,257,830
1,344,920
1.371,900
1,413,100
1.455,500
1,499,200
TOTAL FINANCE
BUILDING & SAFETY:
BUILDING B SAFETY -ADMIN
331,200
345,023
352,000
362,600
373,500
3B4,700
BUILDING
856,000
896,587
914,500
942,000
970,300
999,400
CODE COMPLIANCE
940.750
1.026,607
1,047,100
1,078,500
1.110,900
1.144,200
ANIMAL CONTROL
368,990
412,554
420,800
433,400
446,400
459,800
CIVIC CENTER BUILDING-OPER
1,157,875
210,147
214.300
220,700
227,300
234,100
FIRE
4,911.481
5,168,314
6,331,185
6,647,745
6,980,132
7,329,139
EMERGENCY SERVICES
160,950
48,820
49,800
51,300
52,800
54,400
8.727,246
8,108,052
9,329,685
9,736,245
10161,332
10.605,739
TOTAL BUILDING & SAFETY
POLICE
POLICE
12,712.089
13,414,296
14,526,011
15,252,262
16,501,125
17.326,361
12.712.089
13,414,296
14,526.011
15,252,262
16.501,125
17,326,361
TOTAL POLICE
PLANNING:
ADMINISTRATION
626,095
850,638
867,700
893,700
920,400
948.000
PLANNING
609.100
635,746
648.400
667.900
688.000
708.600
1,235,195
1,486.384
1,516,100
1.561,600
1,608.400
1,656,600
TOTAL PLANNING
PUBLIC WORKS:
PUBLIC WORKS ADMINISTRATION
540,300
558,323
569,500
586.600
604,200
622,300
DEVELOPMENT SERVICES
717,535
756,551
771,600
794,800
818.700
843,300
MAINT/OPERATIONS- STREETS
1,710,925
2,495,393
2,545,300
2.621,700
2,700,400
2,781.400
MAINT/OPERATIONS- LTG/LANDSCAP
1,720.430
1,755,992
1,791,100
1,844.800
1,900,200
1,957,200
ENGINEERING SERVICES
1,223,340
1,244,592
1,269.500
1,307,700
1,346,900
1,387,300
5,912,530
6,810,851
Q947,000
7,1 55,600
7.370.400
7,591,500
TOTAL PUBLIC WORKS
TOTAL GENERAL FUND OPERATING EXP
39.331,130
41,514,279
44,254,996
45,998,207
48,433,857
50,357,600
TRANSFERS OUT
785.454
470,750
274,500
257,000
193,250
2,000
GENERAL FUND REIMBURSEMENTS
(5,984,194)
6,080223)
6,046,254
(6,149,492
6,255,668)
6,364,713)
NET GENERAL FUND EXPENDITURES
34,132,390
35,904,808
38,483,242
40,105,715
42,371,439
43,994,887
347
City of La Quinta
Resource Allocation Plan
Personnel Allocation
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
GENERAL GOVERNMENT:
LEGISLATIVE
0.00
0.00
0.00
0.00
0.00
0.00
CITY MANAGER'S OFFICE
2.00
2.00
2.00
2.00
2.00
2.00
DEVELOPMENT SERVICES
5.50
5.50
5.50
5.50
5.50
5.50
MANAGEMENT SERVICES
5.50
5.50
5.50
5.50
5.50
5.50
13.00
13.00
13.00
13.00
13.00
13.00
TOTAL GENERAL GOVERNMENT
CITY CLERK
6.00
6.00
6.00
6.00
6.00
6.00
COMMUNITY SERVICES
COMMUNITY SERVICE- ADMIN
5.00
5.00
5.00
5.00
5.00
5.00
SENIOR CENTER
3.00
3.00
3.00
3.00
3.00
3.00
PARKS & RECREATION PROGRAMS
1.00
1.00
1.00
1.00
1.00
1.00
PARK MAINTENANCE
1.25
1.25
1.25
1.25
2.25
2.25
SILVERROCK
0.50
0.50
0.50
0.50
0.50
0.50
MUSEUM
0.00
0.00
0.00
0.00
0.00
0.00
10.75
10.75
10.75
10.75
11.75
11.75
TOTAL COMMUNITY SERVICES
FINANCE:
FISCAL SERVICES
9.00
9.00
9.00
9.00
9.00
9.00
CENTRAL SERVICES
0.00
0.00
0.00
0.00
0.00
0.00
9.00
9.00
9.00
9.00
9.00
9.00
TOTAL FINANCE
BUILDING S SAFETY:
BUILDING B SAFETY-ADMIN
3.00
3.00
3.00
3.00
3.00
3.00
CODE COMPLIANCE
8.50
8.50
8.50
8.50
8.50
8.50
ANIMAL CONTROL
3.00
3.00
3.00
3.00
3.00
3.00
BUILDING
7.50
7.50
7.50
7.50
7.50
7.50
EMERGENCY SERVICES
1.00
0.00
0.00
0.00
0.00
0.00
CIVIC CENTER BUILDING-OPER
2.00
2.00
2.00
2.00
2.00
2.00
25.00
24.00
24.00
24.00
24.00
24.00
TOTAL BUILDING 8 SAFETY
PLANNING:
ADMINISTRATION
4.00
4.00
4.00
4.00
4.00
4.00
PLANNING
5.00
5.00
5.00
5.00
5.00
5.00
9.00
9.00
9.00
9.00
9.00
9.00
TOTAL COMMUNITY DEVELOPMENT
PUBLIC WORKS:
PUBLIC WORKS ADMINISTRATION
3.00
3.00
3.00
3.00
3.00
3.00
DEVELOPMENT SERVICES
6.00
6.00
6.00
6.00
6.00
6.00
ENGINEERING SERVICES
5.00
5.00
5.00
5.00
5.00
5.00
MAINT/OPERATIONS-STREETS
11.25
11.25
11.25
11.25
11.25
11.25
MAINT/OPERATIONS- LIGHTING
1.00
1.00
1.00
1.00
1.00
1.00
26.25
26.25
26.25
26.25
26.25
26.25
TOTAL PUBLIC WORKS
TOTAL -CITY PERSONNEL
99.00
98.00
98.00
98.00
99.00
99.00
POLICE
55.00
55.00
57.00
57.00
59.00
59.00
FIRE
25.00
25.00
29.00
29.00
29.00
29.00
80.00
80.00
86.00
86.00
88.00
88.00
TOTAL -CONTRACT PERSONNEL
GRAND TOTAL
179.00
178.00
184.00
184.00
187.00
187.00
GRANDTOTAL/WITHOUT ANNEXATION
179.00
178.00
184.00
1 184.00
187.00
187.00
MR,
City of La Quinta
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
GENERAL GOVERNMENT:
LEGISLATIVE
Salaries
144,000
144,000
144,000
144,000
144,000
144,000
Benefits
111,000
113,200
118,900
124,800
131,000
137,600
Services & Supplies
688,068
701,800
722,900
744,600
766,900
789,900
Equipment
0
0
0
0
0
0
Total
943,068
959,000
985,800
1,013,400
1,041,900
1,071,500
Positions
Total
0
0
0
0
0
0
349
City of La Quints
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
GENERAL GOVERNMENT:
CITY MANAGER
Salaries
Benefits
Services & Supplies
Equipment
New Positions
Total
309,200
100,050
37,800
0
315,400
102,100
43,763
0
0
321,700
104,100
44,600
0
0
331,400
107,200
45,900
0
0
341,300
110,400
47,300
0
0
351,500
113,700
48,700
0
0
447,050
461,263
470,400
484,500
499,000
513,900
Positions
City Manager
Executive Assistant
1
1
1
1
1
1
1
1
1
1
1
1
Total
2
2
2
2
2
2
New Salary Costs
0
0
0
0FO
350
City of La Quinta
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
GENERAL GOVERNMENT:
DEVELOPMENT SERVICES
Salaries
Benefits
Services & Supplies
Equipment
602,200
236,000
921,600
0
614,200
240,700
950,846
0
626.500
245,500
969,900
0
645,300
252,900
999,000
0
664,700
260,500
1,029,000
0
684,600
268,300
1,059,900
0
Total
1,759,800
1,805,746
1.841,900
1,897,200
1,954,200
2,012,800
Positions
Assistant City Manager
Economic Development Project Manager
Management Assistant
Executive Assistant
Offioe Assistant
1
2
1
1
0.5
1
2
1
1
0.5
1
2
1
1
0.5
1
2
1
1
0.5
1
2
1
1
0.5
1
2
1
1
0.5
Total
5.5
5.5
1!..
I 5.5
351
City of La Quints
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
GENERAL GOVERNMENT:
MANAGEMENT SERVICES
Salaries
648,800
661,800
675,000
695,300
716,200
737,700
Benefits
204,700
208,800
213,000
219,400
226,000
232,800
Services & Supplies
586,750
610,538
622,700
641,400
660,600
680,400
Equipment
0
0
0
0
0
0
New Positions
0
0
0
0
0
1,440,250
1,481,138
1,510,700
1,556,100
1,602,800
1,650,900
Total
Positions
Assistant City Manager
1
1
1
1
1
1
Management Analyst
1
1
1
1
1
1
Management Assistant
1
1
1
1
1
1
Human Resources/Risk Manager
1
1
1
1
1
1
Executive Assistant
1
1
1
1
1
1
Office Assistant
0.5
0.5
0.5
0.5
0.5
0.5
Total
5.5
5.5
5.5
5.5
5.5
5.5
New Salary Costs
0
0
0
0
0
City of La Quinta
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
CITY CLERK
CITY CLERK
Salaries
392,600
400,500
408,500
420,800
433,400
446,400
Benefits
181,600
185,200
188,900
194,600
200,400
206,400
Services & Supplies
79,097
95,519
97,400
100,300
103,300
106,400
Equipment
0
0
0
0
0
0
New Positions
0
0
0
653,297
681,219
694,800
715,700
737,100
759,200
Total
Positions
City Clerk
1
1
1
1
1
1
Deputy City Clerk
2
2
2
2
2
2
Secretary
1
1
1
1
1
1
Office AssistantlReceptionist
1
1
1
1
1
1
Office Assistant
1
1
1
1
1
1
6
6
1 6
6
6
6
Total
New Salary Costs
0
0
0
0
0
353
City of La Quinta
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
201712
2012-13
2013-14
2014-15
2015-16
COMMUNITY SERVICE
ADMINISTRATION
Salaries
373,000
380,500
388,100
399,700
411,700
424,100
Benefits
160,600
163,800
167,100
172,100
177,300
182,600
Services & Supplies
461,435
493,264
503,100
518,200
533,700
549,700
Equipment
0
0
0
0
0
0
New Positions
995,035
1,037,564
1,058,300
1,090,000
1,122,700
1,156,400
Total
Positions
Community Services Director
1
1
1
1
1
1
Recreation Supervisor
1
1
1
1
1
1
Recreation Supervisor
0.5
0.5
0.5
0.5
0.5
0.5
Recreation Coordinator
0.5
0.5
0.5
0.5
0.5
0.5
Senior Secretary
1
1
1
1
1
1
Office Assistant
1
1
1
1
1
1
Total
5
1 5
5
5
5
5
New Salary Costs
0
0
0
0
0
354
City of La Quinta
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
COMMUNITY SERVICE
SENIOR CENTER
Salaries
157,300
160,400
163,600
168,500
173,600
178,800
Benefits
81,700
83,300
85,000
87,600
90,200
92,900
Services R Supplies
138,725
309,883
316,100
325,600
335,400
345,500
Equipment
5,000
0
0
0
0
0
New Positions
0
0
0
0
0
382,725
553,583
564,700
581,700
599,200
617,200
Total
Positions
Recreation Supervisor
1
1
1
1
1
1
Senior Ctr Activities Coord
1
1
1
1
1
1
Senior Center Assistant
1
1
1
1
1
1
Total
3
3
3
3
3
3
New Salary Casts
0
0
0
0
0
355
City of La Quinta
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
COMMUNITY SERVICE
PARK & RECREATION
Salaries
97,900
99,900
101,900
105,000
108,200
111,400
Benefits
32,350
33,000
33,700
34,700
35,700
36,800
Services & Supplies
62,675
66,307
67,600
69,600
71,700
73,900
Equipment
0
0
0
0
0
0
New Positions
192,925
199,207
203,200
209,300
215,600
222,100
Total
Positions
Recreation Supervisor
0.5
0.5
0.5
0.5
0.5
0.5
Recreation Coordinator
0.5
0.5
0.5
0.5
0.5
0.5
Total
1
1
1
1
1
1
New Salary Costs
0
0
0
0
0
356
City of La Quinta
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
COMMUNITY SERVICE
LIBRARY
Salaries
0
0
0
0
0
Benefits
0
0
0
0
0
Services & Supplies
1,425,745
1,467,633
1,497,000
1,541,900
1,588,200
1,635,800
Equipment
0
0
0
0
0
0
Total
1,425,745
1,467,633
1,497,000
1,541,900
1,588,200
1,635,800
Positions
0
0
0
0
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
-1
-T-
.• " 357
City of La Quinta
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
COMMUNITY SERVICE
PARK MAINTENANCE
Salaries
Benefits
Services a Supplies
Equipment
New Positions
Total
121,900
48,350
798,350
0
124,300
49,300
1.241,309
0
0
126.800
50,300
1,266.100
0
130,600
51.800
1,304,100
0
134,500
53,400
1.343,200
0
133,100
138,500
55,000
1,383.500
0
139,800
968,600
1,414,909
1,443.200
1,486,600
1,664,200
1,716.800
Positions
Maintenance Manager
Maintenance Foreman
Maintenance Worker 1
Golf and Park/Landscape Manager-SilverRock
Total
0.25
0.25
0.25
0.5
0.25
0.25
0.25
0.5
0.25
0.25
0.25
0.5
0.25
0.25
0.25
0.5
0.25
0.25
1,25
0.5
0.25
0.25
1.25
0.5
1.25
1.25
1.25
1.25
2.25
2.25
New Salary Costs
0
0
0
133,100
0
358
City of La Quints
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
COMMUNITY SERVICE
MUSEUM
Salaries
Benefits
Services & Supplies
Equipment
New Positions
Total
0
0
277,745
0
0
0
288,514
0
0
0
0
294,300
0
0
0
0
303,100
0
0
0
0
312,200
0
0
0
0
321,600
0
0
277,745
288,514
294,300
303,100
312,200
321,600
Positions
Total
F
0
0
0
0
0
New Salary Costs
0
0
0
0
0
359
City of La Qulnta
Resource Allocation plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
FINANCE:
FISCAL SERVICES
Salaries
Benefits
628,000
264,300
640,600
269,600
653,400
275,000
673,000
283,300
693,200
291,800
714,000
300,600
Services 8 Supplies
Equipment
Total
91,230
0
114,769
0
117.100
0
120.600
0
124,200
0
127.900
0
983,530
1,024,969
1.045,500
1,076,900
1,109,200
1,142,500
Positions
Finance Director
1
1
1
1
1
1
Accounting Manager
Financial Services Assistant
1
1
1
1
1
1
1
1
1
1
1
1
Senior Account Technician
1
1
1
1
1
1
Account Technician
1
1
1
1
1
1
Senior Account Clerk
2
2
2
2
2
2
Senior Secretary
Information Technology Analyst
Total
1
1
1
1
1
1
1
1
1
1
1
1
9
9
9
1 9
9
9
New Salary Costs
0
0
0
0
0
360
City of La Quinta
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
FINANCE:
CENTRAL SERVICES
Salaries
0
0
0
0
0
Benefits
0
0
0
0
0
Services & Supplies
274,300
319,951
326,400
336,200
346,300
356,700
Equipment
0
0
0
0
0
0
Total
274,300
319,951
326,400
336,200
346,300
356,700
Positions
Total
0
0
0
0
0
0
361
City of La Quinta
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2614-15
2015-16
BUILDING & SAFETY
ADMINISTRATION
Salaries
Benefits
235,700
81,450
240,400
83,100
245,200
84,800
252,600
87,300
260,200
89,900
268,000
92,600
Services & Supplies
14,050
21,523
22,000
22,700
23,400
24,100
Equipment
New Positions
Total
0
0
0
0
0
0
0
0
0
0
0
331,200
345,023
352,000
362,600
373,500
384,700
Positions
Building and Safety Director
Special Projects Assistant
Senior Secretary
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Total
3
3
3
3
3
3
New Salary Costs
0
0
0
0
0
362
City of La Quints
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
BUILDING & SAFETY
BUILDING & SAFETY
Salaries
559,300
570,500
581,900
599,400
617,400
635,900
Benefits
242,400
247,200
252,100
259,700
267,500
275,500
Services & Supplies
54,300
78,887
80,500
82,900
85,400
88,000
Equipment
0
0
0
0
0
0
New Positions
0
0
0
0
0
856,000
896,587
914,500
942,000
970,300
999,400
Total
Positions
Building and Safety Manager
1
1
1
1
1
1
Senior Building Inspector
1
1
1
1
1
1
Plan Checker
1
1
1
1
1
1
Building Inspector II
2
2
2
2
2
2
Counter Technician
2
2
2
2
2
2
Office Assistant
0.5
0.5
0.5
0.5
0.5
0.5
7.5
7.5
7.5
7.5
7.5
7.5
Total
New Salary Costs
0
0
0
0
0
363
City of La Quinta
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12 1
2012-13
2013-14
2014-15
2015-16
BUILDING & SAFETY
CODE COMPLIANCE
Salaries
585,200
596,900
608,800
627,100
645,900
665,300
Benefits
263,000
268,300
273,700
281,900
290,400
299,100
Services & Supplies
92,550
161,407
164,600
169,500
174,600
179,800
Equipment
0
0
0
0
0
0
940,750
1,026,607
1,047,100
1,078,500
1,110,900
1,144,200
Total
Positions
Community Safety Manager
1
1
1
1
1
1
Senior Code Compliance Officer
1
1
1
1
1
1
Code Compliance Officer II
2
2
2
2
2
2
Code Compliance Officer 1
1
1
1
1
1
1
Counter Technician
1
1
1
1
1
1
Office Assistant
0.5
0.5
0.5
0.5
0.5
0.5
Animal Control / Code Compliance Officer
0.5
0.5
0.5
0.5
0.5
0.5
Animal Control I Code Compliance Officer
0.5
0.5
0.5
0.5
0.5
0.5
Animal Control / Code Compliance Officer
0.5
0.5
0.5
0.5
0.5
0.5
Animal Control / Code Compliance Officer
0.5
0.5
0.5
0.5
8.5
8.5
8.5
8.5
8.5
8.5
Total
New Salary Costs
0
0
0
0
0
364
City of La Quinta
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
BUILDING & SAFETY
ANIMAL
Salaries
Benefits
Services & Supplies
Equipment
Total
193,000
88,700
87,290
0
196,900
90,500
125,154
0
200,800
92,300
127,700
0
206,800
95,100
131,500
1 0
213,000
98,000
135,400
0
219,400
100,900
139,500
0
368,990
412,554
420,800
433,400
446,400
459,800
Positions
Animal Control Officer II
1
1
1
1
1
1
Animal Control / Code Compliance Officer
0.5
0.5
0.5
0.5
0.5
0.5
Animal Control / Code Compliance Officer
0.5
0.5
0.5
0.5
0.5
0.5
Animal Control / Code Compliance Officer
0.5
0.5
0.5
0.5
0.5
0.5
Animal Control / Code Compliance Officer
0.5
0.5
0.5
0.5
0.5
0.5
Total
3
3
3
3
3
3
New Salary Costs
0
0
70=
City of La Quinta
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
BUILDING & SAFETY
CIVIC CENTER OPERATIONS
Salaries
108,400
110,600
112,800
116,200
119,700
123,300
Benefits
55,750
56,900
58,000
59,700
61,500
63,300
Services &Supplies
993,725
42,647
43,500
44,800
46,100
47,500
Equipment
0
0
0
0
0
0
New Positions
0 1
0
0
0
0
1,157,875
210,147
214,300
220,700
227,300
234,100
Total
Positions
Facilities Maintenance Coordinator
1
1
1
1
1
1
Maintenece Worker 1
1
1
1
1
1
1
Total
2
2
1 2
1 2
2
2
New Salary Costs
0
0
0
0
0
•. r366
City of La Quinta
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014- 55
2015-16
BUILDING & SAFETY
FIRE
Salaries
Benefits
Note Services & Supplies
Equipment
New Station operating expenses- 112
Total
4,911,481
0
0
5,168.314
0
0
5,426,730
0
904,455
5.698,067
0
949,678
5,982,970
0
997.162
6.282,119
0
1.047,020
4,911,481
5,168,314
6,331,185
6,647,745
6.980,132
7,329,139
Positions
Captain
Medic Engineer
Engineer
Fire Fighter II - Medics
Fire Fighter II
Fire Service Inspector
3.0
2.0
6.0
6.0
7.0
1.0
3.0
2.0
6.0
6.0
7.0
1.0
3.5
2.5
7.0
7.0
8.0
1.0
3.5
2.5
7.0
7.0
8.0
1.0
3.5
2.5
7.0
7.0
8.0
1.0
3.5
2.5
7.0
7.0
8.0
1.0
Total
25
25
29
29
29
29
New Salary Costs
0
556,400
0
0
0
Note : Fourth Fire Station opens in FY 12/13, Costs do not include
construction
of station or equipment
Note 1- Revenue expected- 5,618,000.00 5,618,000.00 5.618,000.00 5,758,000.00 5,902,000.00 6,050,000.00
Fire tax Credit applied (706,519.00) (449,686.00) 713,185.00 889,744.83 1,078,131.67 1,279,138.83
General Fund contribution
4,911,481.00 5,168,314.00 8,331,185.00 6,647,744.83 6,980,131.67 7,329,138.83
Estimated credit balance available 5,430,461.00 6.136,980.00 6,586,666,00 5.873.481.00 4,983,736.17 3,905,604.50 2,626.465.67
367
City of La Quinta
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
BUILDING & SAFETY
EMERGENCY SERVICES
Salaries
84,100
Benefits
34,350
Services & Supplies
37,500
48,820
49,800
51,300
52,800
54,400
Equipment
5,000
0
0
0
0
0
Total
160,950
48,820
49,800
51,300
52,800
54,400
Positions
Emergency Services Coordinator
1
0
0
0
0
0
Total
1
1 0
0
1 0
0
1 0
368
City of La Quinta
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15 1
2015-16
PUBLIC SAFETY
POLICE
Salaries
Benefits
Services & Supplies
12,712,089
13,414,296
14,085,011
14,789,262
15,528,725
16,305,161
Equipment
0
0
0
0
0
0
New Positions
441,000
463,000
972,400
1,021,200
12,712,089
13,414,296
14,526,011
15,252,262
16,501,125
17,326,361
Total
Positions
Patrol Officer
31
31
33
33
35
35
School Resource Officer
3
3
3
3
3
3
Target Team
6
6
6
6
6
6
Motor Officer
4
4
4
4
4
4
Narcotics Task Force Officer
1
1
1
1
1
1
Gang Task Force Officer
1
1
1
1
1
1
Dedicated Lieutenant
1
1
1
1
1
1
Dedicated Sergeant
2
2
2
2
2
2
Community Service Officer
5
5
5
5
5
5
Commercial District Officer
1
1
1
1
1
1
55
55
57
57
59
59
Total
New Salary Costs
---[-
0
F41,000
0
510,600
0
.. f 369
City of La Quinta
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
PLANNING
ADMINISTRATION
Salaries
414,600
422,900
431,400
444,300
457,600
471,300
Benefits
150,700
153,700
156,800
161,500
166,300
171,300
Services & Supplies
60,795
274,038
279,500
287,900
296,500
305,400
Equipment
0
0
0
0
0
0
New Positions
0
0
0
0
0
626,095
850,638
867,700
893,700
920,400
948,000
Total
Positions
Community Development Director
1
1
1
1
1
1
Planning Manager
1
1
1
1
1
1
Executive Secretary
1
1
1
1
1
1
Secretary
1
1
1
1
1
1
Total
4
4
4
4
4
4
New Salary Costs
0
0
0
0
0
VO
City of La Quinta
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
PLANNING
PLANNING
Salaries
431,100
439,700
448,500
462,000
475,900
490,200
Benefits
173,000
176,500
180,000
185,400
191,000
196,700
Services & Supplies
5,000
19,546
19,900
20,500
21,100
21,700
Equipment
0
0
0
0
0
0
New Positions
0
609,100
635,746
648,400
667,900
688,000
708,600
Total
Positions
Principal Planner
2
2
2
2
2
2
Associate Planner
1
1
1
1
1
1
Assistant Planner
2
2
2
2
2
2
Total
5
5
5
5
5
5
New Salary Cost
-T
0
0
0
0
0
w r 371
City of La Quinta
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
PUBLIC WORKS
ADMINISTRATION
Salaries
316,800
323,100
329,600
339,500
349,700
360,200
Benefits
117,500
119,900
122,300
126,000
129,800
133,700
Services & Supplies
106,000
115,323
117,600
121,100
124,700
128,400
Equipment
0
0
0
0
0
0
New Positions
0
0
0
0
0
540,300
558,323
569,500
586,600
604,200
622,300
Total
Positions
Public Works Director / City Engineer
1
1
1
1
1
1
Management Analyst
1
1
1
1
1
1
Senior Secretary
1
1
1
1
1
1
Total
3
3
3
3
3
3
New Salary Casts
0
0
0
0
0
312
City of La Quinta
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
PUBLIC WORKS
DEVELOPMENT SERVICES
Salaries
458,000
467,200
476,500
490,800
505,500
520,700
Benefits
188,200
192,000
195,800
201,700
207,800
214,000
Services & Supplies
71,335
97,351
99,300
102,300
105,400
108,600
Equipment
0
0
0
0
0
0
New Positions
717,535
756,551
771,600
794,800
818,700
843,300
Total
Positions
Principal Engineer
1
1
1
1
1
1
Senior Engineer
0
0
0
0
0
0
Associate Engineer
2
2
2
2
2
2
Assistant Engineer II
1
1
1
1
1
1
Counter Technician
2
2
2
2
2
2
6
6
6
6
6
6
Total
New Salary Costs
0
0
0
0
0
373
City of La Quinta
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
PUBLIC WORKS
STREET MAINTENANCE
Salaries
652,300
665,300
678,600
699,000
720,000
741,600
Benefits
314,200
320,500
326,900
336,700
346,800
357,200
Services & Supplies
744,425
1,509,593
1,539,800
1,586,000
1,633,600
1,682,600
Equipment
0
0
0
0
0
0
New Positions
1,710,925
2,495,393
2,545,300
2,621,700
1 2,700,400
2,781,400
Total
Positions
Maintenance Manager
0.5
0.5
0.5
0.5
0.5
0.5
Maintenance Foreman
2
2
2
2
2
2
Maintenance Worker II
3.75
3.75
3.75
3.75
3.75
3.75
Maintenance Worker 1
5
5
5
5
5
5
Office Assistant
0
0
0
0
0
0
Total
11.25
11.25
11.25
11.25
11.25
11.25
New Salary Costs
0
0
0
0
0
374
City of La Quinta
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
PUBLIC WORKS
LIGHTING & LANDSCAPE
Salaries
80,500
82,100
83,700
86,200
88,800
91,500
Benefits
33,250
33,900
34,600
35,600
36,700
37,800
Services & Supplies
1,606,680
1,639,992
1,672,800
1,723,000
1,774,700
1,827,900
Equipment
0
0
0
0
0
0
New Positions
1,720,430
1,755,992
1,791,100
1,844,800
1,900,200
1,957,200
Total
Positions
Maintenance Manager
0.25
0.25
0.25
0.25
0.25
0.25
Maintenance Foreman
0.75
0.75
0.75
0.75
0.75
0.75
Maintenance Worker II
0
0
0
0
0
0
Total
1
1
1
1
1
1
New Salary Costs
0
0
0
0
0
City of La Quinta
Resource Allocation Plan
Operations Expenditure Summary By Division
Five Year Forecast
Approved
Five Year
Estimate
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
PUBLIC WORKS
ENGINEERING SERVICES
Salaries
450,900
459,900
469,100
483,200
497,700
512,600
Benefits
184,500
188,200
192,000
197,800
203,700
209,800
Services & Supplies
557,940
596,492
608,400
626,700
645,500
664,900
Equipment
30,000
0
0
0
0
0
New Positions
1,223,340
1,244,592
1,269,500
1,307,700
1,346,900
1,387,300
Total
Positions
Principal Engineer
1
1
1
1
1
1
Assistant Engineer II
2
2
2
2
2
2
Assistant Engineer 1
1
1
1
1
1
1
Signal Technician
1
1
1
1
1
1
5
5
5
5
5
5
Total
New Salary Costs
0
0
0
0
0
.. r 376
City of La Quinta
Five Year Resource Allocation Assumptions
Assumptions
Revenues
2011-12
2012-13
2013-14
2014-15
2015-16
Property Taxes
0.00%
0.00%
2.50%
2.50%
2.50%
No Low Property Tax
0.00%
0.00%
2.50%
2.50%
2.50%
Document Transfer Tax
0.00%
0.00%
2.50%
2.50%
2.50%
Sales Tax
0.00%
0.00%
2.50%
2.50%
2.50%
Transient Occupancy Tax
0.00%
0.00%
2.50%
2.50%
2.50%
Franchise Tax
0.00%
0.00%
2.50%
2.50%
2.50%
License and Permits
0.00%
0.00%
2.50%
2.50%
2.50%
Public Works fees
0.00%
0.00%
2.50%
2.50%
2.50%
Motor Vehicle In -Lieu
0.00%
0.00%
2.50%
2.50%
2.50%
County Fire Service Credit
0.00%
0.00%
2.50%
2.50%
2.50%
Expenditures
2011-12
2012-13
2013-14
2014-15
2015-16
Salaries
2.00%
2.00%
3.00%
3.00%
3.00%
Benefits
2.00%
2.00%
3.00%
3.00%
3.00%
Services and Supplies
2.00%
2.00%
3.00%
3.00%
3.00%
Police costs
5.00%
5.00%
5.00%
5.00%
5.00%
Fire costs
5.00%
5.00%
5.00%
5.00%
5.00%
Police Cost per Position
210,000
220,500
231,500
243,100
255,300
Fire Cost per Position
132,500
139,100
146,100
153,400
161,100
City Staff Cost per Position
115,000
120,800
126,800
133,100
139,800
Gas Tax Fund
0.00%
0.00%
2.50%
2.50%
2.50%
Lighting & Landscaping
0.00%
0.00%
2.50%
2.50%
2.50%
377
REPORT/INFORMATIONAL ITEM:
INVESTMENT ADVISORY BOARD
Meeting
May 12, 2010
CALL TO ORDER
Regular meeting of the La Quinta Investment Advisory Board was called to order at the
hour of 4:00 P.M. by Chairman Ross followed by the Pledge of Allegiance.
PRESENT: Board Members Ross, Park and Rassi
ABSENT: Board Member Moulin
OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Senior
Secretary
II PUBLIC COMMENT — Andrea Spirtos - None
III CONFIRMATION OF AGENDA —
Chairman Ross advised that due to the cancellation of the previous month's
meeting, he suggested that the following items be added to the agenda:
Treasury Report for February 2010 under Business Session V, Item A; Month
End Cash Report for March 2010 under VI Correspondence and Written
Material, Item A; and Pooled Money Investment Report for January under VI
Correspondence and Written Material, Item B.
MOTION: It was moved by Board Members Park/Bassi to add the suggested
items to the agenda as amended. Motion carried unanimously.
In response to the Chairman Ross, Mr. Falconer advised that the handout in
reference to the "Money Market Refund Reform Rules," from the previous
month's meeting was for informational purposes only. In addition, Mr. Falconer
advised that the reform rule amends the state guidelines from a 90 day
disclosure to a 60 day disclosure, which would eventually affect the City's
investment policy guidelines for the money market funds.
378
Investment Advisory Board
Minutes
May 12, 2010
MOTION: It was moved by Board Members Park/Bassi to add the handout to
the agenda, (under Business Session items), as amended. Motion carried
unanimously.
IV CONSENT CALENDAR
A. Approval of Minutes of Meeting on March 10, 2010 for the Investment
Advisory Board.
Board Member Ross requested that the following correction be made to page 2,
Section A:
MOTION — It was moved 0 Board members Moulin/Bassi (... I
MOTION - It was moved by Board Members Bassi/Park to approve the Minutes
of March 10, 2010 as amended. Motion carried unanimously.
V BUSINESS SESSION
A. Transmittal of Treasury Report for March 2010
Mr. Falconer advised the Board that the decline in the LAIF balance for
the month of March was due to the $23.5 million owed to the County of
Riverside as part of the state's efforts to balance their budget.
Mr. Falconer presented and reviewed the staff report for the month of
March, advising the Board that the ending balance for the month was at
$185 million with a decrease by $5 million due to the semi-annual debt
service payment that was due March 1, 2010 and the City's two major
construction projects, the new fire station as.well as the city's new
corporate yard. Mr. Falconer also advised that page 7 reflects a
reinvestment of a Treasury Bill which was rolled over from .188% to
.284%, which was the only investment activity for the month of March.
He further advised that the portfolio had decreased 14 days to
approximately 172 days (a six-month average maturity) with pooled rates
remaining unchanged and market rates remaining low.
Mr. Falconer advised that with the recent payment to the County of
Riverside, and the funds paid from the LAIF account, the City can
reinvest maturing investments and excess cash back into LAIF.
379
Investment Advisory Board
Minutes
May 12, 2010
In response to Chairman Ross, Mr. Falconer summarized for the Board the
legal issues regarding the payment to the County of Riverside, the
notification of the payment and how the City made the payment.
General discussion ensued amongst the Board regarding the payment to
the County of Riverside and the hardship of other cities and the impact
that hardship could have on the City of La Quinta to pay additional
monies.
In response to Board Member Rassi, Mr. Falconer summarized the Capital
Improvements tentatively scheduled for SilverRock.
General discussion ensued amongst the Board and staff regarding the IAB
agenda process and whether or not the agenda needs to be approved by
the Chair prior to distribution. It was the consensus of the Board that the
approval by the Chair was not required.
Mr. Falconer presented and reviewed the staff report for the month of
February, advising the Board that report reflects a decrease of $5 million
due to the construction of the fire station and the Dune Palms street
widening; in addition, he advised that there was no investment activity
for the month of February.
MOTION - It was moved by Board Members Rassi/Park to review, receive
and file the Treasurers Reports for February/March 2010. Motion carried
unanimously.
Mr. Falconer presented the handout in reference to "Money Market
Refund Reform Rules," and asked the Board if they wanted the changes
incorporated into the 2010-2011 investment policy. Chairman Ross
replied on behalf of the Board and stated that the changes could wait and
possibly implemented upon appointment of the new board.
MOTION - It was moved by Board Members Park/Bassi to continue the
discussion of the Money Market Refund Reform Rules as they pertain to
the City's Investment Policy. Motion carried unanimously.
B. Continued Discussion of the Investment Advisory Board 2009/10 Work Plan and
Fiscal Year 2010/11 Investment Policies
The Board reviewed the attached Investment Policy and
changes/additions/deletions are shown in "strikeout" form.
380
Investment Advisory Board
Minutes
May 12, 2010
MOTION — It was moved by Board Members Park/Bassi to approve the
Investment Policy for Fiscal Year 2010-2011 as amended subject to future
comments and suggestions made by the City Attorney and the City Manager if
any at the next scheduled meeting. Motion carried unanimously.
VI CORRESPONDENCE AND WRITTEN MATERIAL
A. Month End Cash Report — April 2010
Mr. Falconer presented and reviewed the April month end cash report advising
the Board that page 3 reflects the LAIF yields at .54% in comparison to the
City's yields at .51 %, with an overall LAIF ending balance at $69 billion.
Mr. Falconer stated that due to the state's current budget crisis, cities continue
to invest in LAIF. He further stated that there were no issues when he
requested a withdrawal of $25 million to pay the County of Riverside.
In response to Chairman Ross, Mr. Falconer advised that if LAIF was purchasing
TLGP Bonds they are not listed as individual investments. He further advised
that the T-Bill yields remain at a 13 week, 16 week and 1 year and stand at 20
basis point range.
Mr. Falconer presented and reviewed the March month end cash report advising
the Board that page 2 reflects the adjusted cash from $167 million to $165
million with the LAIF yields at .54% for the month and the previous months
yields at .53% and the portfolio total at $68 billion in February and $69 billion
in March,
In response to Chairman Ross, Mr. Falconer advised that he would not like to
see any AB55 Loans reflected on the report due to the fact that he feels that
loans should not be issued from the investment pool.
General discussion ensued amongst the Board and staff regarding the AB55
loans.
Noted and Filed
B. Pooled Money Investment Board Reports — February 2010
Mr. Falconer presented and reviewed the February Pooled Money Investment
Board Report.
381
Investment Advisory Board
Minutes
May 12, 2010
There were no comments in reference to the February 2010 Pooled Money
Investment Board Report.
Noted and Filed
C. Update on California Municipal Treasurers Association Conference (CMTA)
Mr. Falconer summarized for the Board his attendance to this year's CMTA
Conference, in addition to summarizing his attendance to this year's pre-
conference presented by the CDIAC.
General discussion ensued by the Board and staff regarding municipal bonds,
municipal debt and the issuance of insurance bonds.
In response to Chairman Ross, Mr. Falconer advised that at this time the City is
not issuing any bonds.
Noted and filed.
VII BOARD MEMBER ITEMS — None.
As a general reminder, Mr. Falconer advised the Board that all applications for the
board must be submitted to the City Clerk's office no later than May 21s` 2010.
Vill ADJOURNMENT
MOTION - It was moved by Board Members Park/Rassi to adjourn the meeting at 5:07
p.m. Motion carried unanimously.
Su fitted b
Vianka Orrantia
Senior Secretary
382
REPORTS & INFORMATIONAL ITEMS: /_9
COMMUNITY SERVICES COMMISSION
MINUTES
May 10, 2010
CALL TO ORDER
A regular meeting of the Community Services Commission was called to order at
5:30 p.m. by Chairperson Spirtos.
Commissioner Darroch led the Pledge of Allegiance.
PRESENT: Commissioners Darroch, Fitzpatrick, Lawrence, Leidner, and
Chairperson Spirtos
ABSENT: Commissioner Biegel
STAFF PRESENT: Edie Hylton, Community Services Director; Steve Howlett Golf
& Parks Manager; Angela Guereque, Senior Secretary.
PUBLIC COMMENT —
Jerry Lundin spoke regarding his interest in filling a vacancy on the Commission.
CONFIRMATION OF AGENDA
Motion - It was moved by Commissioners Fitzpatrick/Leidner to confirm the
agenda. Motion carried unanimously.
PRESENTATIONS
1. Tour of the Emergency Operation Center by Chris Sundlee, Emergency
Services Coordinator
Director Hylton presented the staff report. Coordinator Sundlee led the meeting
into the Emergency Operation Center (EOC) where he gave a PowerPoint
presentation and answered questions. The EOC was completed in 2008 with
6,000 square feet of overall space located in a hardened basement. The EOC
meets FEMA guidelines and can be used for specialized training and meetings. The
working environment includes classroom -style seating for 30 staff, 20 computer
work stations, -40 telephone devices, functional meeting rooms, radio room, Public
Information Officer (PIO) room, restroom facilities, break room, storage areas,
centralized control of AV equipment, and an escape exit through a tunnel passage.
The utilities included are underground water storage, a generator for back-up
power, solar and battery power for communications equipment, battery back-up
383
Community Services Commission Minutes May 10, 2010
2-
lighting, redundant telephone/television/internet systems, and hard wired UPS
backup for critical equipment.. The EOC was built and equipped to comply with
federal recommended standards and guidelines and has overflow area across the
hall in warehouse area.
APPROVAL OF MINUTES
1. Approval of April 12, 2010 Minutes
Motion — It was moved by Commissioners Leidner/Fitzpatrick to approve the
minutes as submitted. Motion carried unanimously.
CONSENT CALENDAR - None.
BUSINESS SESSION
Consideration of Development of a BMX Park at Various Park Locations
Director Hylton presented the staff report.
Commissioner Leidner asked if the City was close to identifying a future site.
Director Hylton stated that the City Council has been negotiating on several
different sites.
Commissioner Fitzpatrick stated that this type of facility drives the City to work
toward the needs of the community and the General Plan Update.
Chairperson Spirtos suggested that since there are so many needs that came from
the Community Survey she would like to table this item to a later date.
Motion — It was moved by Commissioners Leidner/Fitzpatrick to table the
development of a BMX Park until such time as land has been acquired. Motion
carried unanimously.
2. Consideration of a Request for Proposals for the Design and Painting of
Signal Boxes at Various Northern City Locations
Director Hylton presented the staff report.
Commissioner Darroch suggested the High School be involved in the painting of the
boxes at Adams and Westward Ho and Dune Palms and Westward Ho.
Chairperson Spirtos stated she has received many positive comments about the
painted signal boxes.
Community Services Commission Minutes May 10, 2010
-3-
Motion — It was moved by Commissioners Leidner/Spirtos to recommend a Request
for Proposals be sent out for the design and painting of signal boxes at various
locations in the northern portion of the City. Motion carried unanimously.
3. Consideration to Recommend an Ordinance Amending the La Quinta Charter
and Municipal Code to Reduce the Number of Community Services Commission
Members from Seven to Five
Director Hylton presented the staff report.
Commissioner Leidner stated that three years ago he had made the suggestion to
raise the Commission from five to seven members. At that time he thought the
workload of the Commission would increase; however it has decreased. He stated
that if the City Council can run the City with five members, there should be no
need for the Commission to have seven.
Commissioner Fitzpatrick stated that one barrier to an effective board is having too
many members.
Commissioner Darroch stated that there should be a diversity of members on the
board.
Motion — It was moved by Commissioners Leidner/Darroch to recommend an
Ordinance amending the La Quinta Charter and Municipal Code to reduce the
number of Commission Members from Seven to Five. Motion carried unanimously.
STUDY SESSION — None.
DEPARTMENT REPORTS
Department Report for April 2010
Commissioner Lawrence commented to staff that the email blasts that are going
out are a wonderful tool.
Chairperson Spirtos noted that the Adult Egg Hunt participation has decreased by
more than 50% and suggested an alternative event.
COMMISSIONER ITEMS
Report from Commissioners Regarding Meetings Attended.
2. Calendar of Monthly Events
PUBLIC HEARING — None.
385
Community Services Commission Minutes
4-
May 10, 2010
OPEN DISCUSSION
Chairperson Spirtos suggested
include the Huntington Library
Performing Arts Theatre, Long
Sylmar.
ADJOURNMENT
excursions for staff ti
and Garden, Pantages
Beach Aquarium; and
consider offering might
Theatre, Orange County
Nethercutt Car Show in
It was moved by Commissioners Fitzpatrick/Lawrence to adjourn the Community
Services Commission meeting at 6:40 p.m. Motion carried unanimously.
NEXT MEETING INFORMATION:
A Regular Meeting of the Community Services Commission to be held on June 14,
2010 commencing at 5:30 p.m. in the City of La Quinta Study Session Room, 78-
495 Calle Tampico, La Quinta, CA 92253.
Submitted by:
Ange a Guereque?l��`J
Community Services Senior Secretary
Department Report: 14
/�T
a� ti is
in 7it
yOFT
TO: The Honorable Mayor and Members of the City Council
FROM: Douglas R. Evans
Assistant City Manager evelopment Services
DATE: July 6, 2010 WL
SUBJECT: Department Report Regarding an Economic Development
Business Survey
The Fiscal Year 2009-2010 Economic Development Plan contains a work
item under the category of Business Support and Development - "Conduct a
business survey and solicit input from La Quinta businesses regarding
challenges, climate, advertising ideas, etc." The goal of this survey is to
better understand the challenges La Quinta businesses are facing in today's
economy; to formulate ideas on how the City could be of assistance; and to
help business owners find other available resources. $80,000 has been
budgeted for this effort.
Earlier this year, the Riverside County Economic Development Agency
("EDA") issued a Request for Proposals ("RFP") for economic development
organizations to conduct in -person Business Visitation Surveys, with the goal
of identifying the need for employment services, layoff aversion, and
business support in Riverside County. When the RFP was issued, the
Coachella Valley Economic Partnership ("CVEP") contacted its member cities'
economic development staff to discuss the concept of conducting a
Coachella Valley -wide survey, which would also be broken out by city, so
that each city would receive its own survey results. The city economic
development staffs agreed this would be worth pursuing, and worked closely
with CVEP staff to craft a proposal.
.• 387
The EDA awarded CVEP a grant of $195,000 to conduct the survey. CVEP
will administer the grant and carry out the program on behalf of its municipal
members, including La Quinta, Cathedral City, Coachella, Desert Hot Springs,
Indian Wells, Indio, Palm Desert, Palm Springs, Rancho Mirage, and the
unincorporated Coachella Valley areas. There is no financial commitment or
matching funds required from the municipalities.
CVEP staff and city economic development staff have collaborated on the
survey questions. CVEP has also discussed the survey with the local
Chambers of Commerce. The survey questions are designed to identify
challenges, issues (including specific city issues such as permitting,
regulations, etc.), concerns, and needs. CVEP intends to survey 2,800
businesses throughout the Valley; city staffers have reviewed the business
lists for their respective cities. Approximately 220 businesses are located in
La Quinta. College students participating in CVEP's Pathways to Success
program will be paid to schedule the appointments, conduct the in -person
surveys, and enter the survey results into a database. The data will be
compiled into a comprehensive report and individual city reports, which are
anticipated to be completed in November 2010.
La Quinta survey results will also be shared with the La Quinta Chamber of
Commerce. This will help City and Chamber staffs formulate ideas for local
business assistance. La Quinta staff will follow up with La Quinta
businesses, especially those who request a follow-up visit, or have identified
major challenges and concerns.
Given the nature and intent of the CVEP survey, La Quinta staff believes that
the CVEP survey will meet the 2009-10 Economic Development Plan goal of
conducting a business survey in La Quinta. Therefore, the City will save
$80,000 by not conducting a separate business survey.
.. F 388
Department Report: 1 (—A
a,
OF
TO: The Honorable Mayor and Members of the City Council
The Honorable Chairman and Members of the Planning Commission
FROM: Les Johnson, Planning Director
DATE: July 6, 2010
SUBJECT: Department Report - General Plan Monthly Update
Public outreach opportunities have continued over the past few weeks. On
Wednesday, May 26, staff hosted the Highway 111 stakeholder's meeting in the
Session Room at City Hall. The format was similar to the Village workshop,
consisting of a brief presentation followed by a moderated discussion of Highway
111 observations and suggestions. During the workshop, staff also presented
preliminary landscaping designs proposed for the Highway 111 corridor. About
eight business owners and residents attended the afternoon workshop. That same
evening, staff attended the Vista Santa Rosa Community Council and provided a
brief presentation regarding the 2035 General Plan update. Following the
presentation, staff fielded questions from Vista Santa Rosa residents and
encouraged them to participate in the update effort.
La Quinta's public outreach efforts continued in June with a presentation before
the La Quinta Rotary Club at a luncheon on Friday, June 6'. After the
presentation, staff answered a number of questions and each of the Rotarians
received a General Plan comment card. Mayor Adolph was also in attendance and
briefly spoke at the event.
In addition to the preparation of the draft elements of the General Plan, staff has
begun work on the General Plan vision statement and guiding principles. A meeting
of the Technical Advisory Committee has been scheduled for late June to discuss
these and a number of other policy items currently being crafted for the General
Plan update. It is anticipated that the draft vision, guiding principles, and goals will
be distributed to the Planning Commission at their July 27 meeting and City
Council at their August 3 meeting.
1. 1 389
Tity" 4 4 Qgb&
COUNCIL/RDA MEETING DATE: July 06, 2010
ITEM TITLE: Public Hearing to Consider Adoption of a
Resolution Approving the Placement of Public Nuisance
Abatement Assessments on the 2010-2011 Property
Tax Roll
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the City Council approving the placement of public nuisance
abatement assessments on the 2010-2011 Property Tax Roll as listed in the
Resolution.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The purpose of this Public Hearing is to provide the City Council the opportunity to
hear and consider all public objections and protests, if any, to the report filed with the
City Council containing a description of each real property parcel cleared or cleaned by
the City of La Quinta.
Notices of tonight's Public Hearing were posted advising of the hearing date. Notice of
Public Hearing also was published in The Desert Sun newspaper on June 25, 2010.
No written communications have been received as of this report's preparation.
390
All of the listed property owners have been notified of the costs associated with the
abatements and have been given more than 30 days in which to reimburse the City.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a resolution of the City Council approving the placement of public
nuisance abatement assessments on the 2010-201 1 Property Tax Roll as listed
in the resolution; or
2. Do not adopt a resolution of the City Council approving the placement of public
nuisance abatement assessments on the 2010-2011 Property Tax Roll; or
3. Provide staff with alternative direction.
Respectfully submitted,
Tom Hartung, Building Safety Director
Approved for submission by:
Thomas P. Genovese, City Manager
391
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, LA QUINTA
ASSESSING LIEN AND PROVIDING FOR
COLLECTION OF TAX ROLLS ON CERTAIN
PROPERTY FOR COSTS OF ABATEMENT OF
PUBLIC NUISANCE
WHEREAS, Chapter 11.72 of the La Quinta Municipal Code provides for the
declaration and determination of certain conditions of property to be a public
nuisance and further provides for the abatement of said nuisance by certain
procedures including abatement by the City and collection of the cost of said
abatement on tax rolls; and
WHEREAS, in accordance with said abatement procedures, the Building and
Safety Director of the City of La Quinta, as agent of the City Manager, has
determined that a public nuisance exists on the following described premises, and
has been given the notice required by law, and the owner thereof has failed to
appeal said determination and has failed to abate said nuisance as required in said
notice; and
WHEREAS, in accordance with said abatement procedure, the Building and
Safety Director has, by contract, provided for the abatement of said public
nuisance on said properties and has filed a report thereon with the City Council and
the City Council has conducted a hearing on said report and the assessment of said
costs against said properties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
1 . The City Council hereby finds, determines, and declares that the City
has abated a public nuisance on each of the following described premises and has
conducted a hearing on assessment of the costs of said abatement in the time and
manner as required by law and further determines that there were no objections or
protests to assessments of said costs by any interested party.
2. The City Council hereby finds, determines, and orders that the report
of the Building and Safety Director relative to assessment of costs is hereby
approved and the City Council hereby orders that the following costs are hereby
assessed as liens against the following properties and the amount of said
assessment shall be collected at the time and in the manner of ordinary property
taxes.
392
Resolution No. 2010-
Fund Number 68-2379/Nuisance Abatement
Adopted: July 06, 2010
Page 2
Name
Assessor's
Parcel No.
Cost of
Abatement
Admin Fee
(25%)
Total
Valdez
604-223-011
$3,441.48
$550.00
$3,991.48
Schilling
604-405-016
$3,241.89
$475.00
$3,716.89
Vanvliet
643-193-002
$1,295.76
$75.00
$1,370.76
Hernandez
770-096-001
$2,822.29
$525.00
$3,347.29
Overstreet
773-271-006
$397.50
$99.37
$496.87
Wells Farge Bank
773-302-016
$2,527.73
$631.93
$3,159.66
Miller
773-314-027
$201.05
$20.001
$221.05
Delgado
774-072-013
$600.00
$150.00
$750.00
Guebara
774-092-029
$667.58
$33.75
$701.33
Bank of New York
Mellon
774-093-017
$1,449.32
$32.25
$1481.57
Martinez/Sanchez
774-243-015
$3,386.20
$375.00
$3,761.20
Vonseggen
774-301-016
$2,684.53
$325.00
$3, 009.523
3. The City Clerk is hereby directed to transmit a certified copy of the
Resolution to the tax collector of the County of Riverside and said tax collector is
hereby requested to collect the amount of each assessment herein at the time and
in the manner of ordinary property taxes.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 6th day of July, 2010, by the following vote
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
393
Resolution No. 2010-
Fund Number 68-2379/Nuisance Abatement
Adopted: July 06, 2010
Page 3
VERONICA J. MONTECINO, CIVIC, City Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
394
Sep Qu&raj
OF'CKF'9
COUNCIL/RDA MEETING DATE: July 6, 201 (J AGENDA CATEGORY:
ITEM TITLE: Public Hearing to Consider the Adoption of
a Resolution to Vacate a 2,426 sq. ft. Portion of
Avenida Ultimo East of Washington Street
RECOMMENDATION:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Conduct a public hearing and then adopt a Resolution of the City Council to vacate a
2,426 sq. ft. portion of Avenida Ultimo east of Washington Street.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The portion of Avenida Ultimo east of Washington Street was dedicated for public use
on the subdivision map for Desert Club Tract, Unit 5 (Attachment 1) and accepted by
Riverside County as a public street. However, under the City of La Quinta's
Assessment District No. 1991-1 Phase B, Avenida Ultimo was dead ended to the west
of this portion as a soundwall was constructed as part of the Washington Street
improvements. The right-of-way vacation portion is specifically described in
Attachments 2 and 3 and is not needed by other property owners for access, or
improved accessibility.
The City of La Quinta wishes to vacate the right-of-way easement over this lot as it is
no longer needed for street purposes. Staff is working with the underlying property
owner to construct a driveway, fence and gate and landscaping once this right-of-way
is vacated.
. ( 395
No local agency has submitted objections to the street vacation proposal; however, the
Coachella Valley Water District (CVWD) has requested an easement over the entire
portion of Avenida Ultimo be reserved for their irrigation, water and sewer facilities
that traverse the proposed vacation parcel to install, construct, enlarge, survey,
reconstruct, remove and replace, operate, maintain, repair, improve and relocate
underground pipeline(s), which may exist or be installed in the future within the
proposed right-of-way vacation.
The easement language shall be such that the property owner will be allowed to
construct a driveway, landscaping and a fence and gate across the vacated portion
subject to CVWD approval (with the provision that CVWD cannot unreasonably
withhold their approval).
The application was considered by the Planning Commission on June 8, 2010. The
Planning Commission found the proposed vacation to be consistent with the La Quinta
General Plan and recommended approval of the proposed right-of-way vacation
provided easement is granted to CVWD.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1 . Conduct a public hearing and then adopt a Resolution of the City Council to
vacate a 2,426 sq. ft. portion of Avenida Ultimo east of Washington Street; or
2. Conduct a public hearing and do not adopt a Resolution of the City Council to
vacate a 2,426 sq. ft. portion of Avenida Ultimo east of Washington Street; or
3. Provide staff with alternative direction.
Respectfully submitted,
mothy R. nas P.E.
Public Works Dire or/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
396
Attachments: 1. Desert Club Tract Unit 5 Tract Map
2. Legal Description
3. Right -of -Way Vacation Plat
397
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LA QUINTA, CALIFORNIA,
VACATING A PORTION OF A 2,426 SQ.
FT. PORTION OF AVENIDA ULTIMO EAST
OF WASHINGTON STREET
WHEREAS, pursuant to Sections 8322 and 8323 of the Public Streets,
Highways and Service Easement Vacation Law, due notice of the Public Hearing
was given by public posting in the time and manner prescribed by law; and
WHEREAS, following its discussion of the street vacation application on
June 8, 2010, the Planning Commission of the City of La Quinta has determined
that the vacation of said 2,426 sq. ft. portion of Avenida Ultimo east of
Washington Street, is in conformance with the Circulation Element and other
policies of the General Plan of the City of La Quinta and recommends approval of
the right-of-way vacation provided an utility easement is granted to the Coachella
Valley Water District (CVWD); and
WHEREAS, the City Council of the City of La Quinta has conducted the
required public hearing with due notice and, upon hearing and considering all
testimony of all interested parties, make the following findings:
1. Vacation of the subject 2,426 sq. ft. portion of Avenida Ultimo east of
Washington Street will not adversely affect the City of La Quinta or
adversely impact the Circulation Element of the City of La Quinta General
Plan.
2. The affected 2,426 sq. ft. portion of Avenida Ultimo east of Washington
Street is unnecessary for either present or prospective public use or
purposes, including use as a non -motorized transportation facility.
3. No local agency has submitted objections to the street vacation proposal;
however, the Coachella Valley Water District has requested an easement
over the entire portion of Avenida Ultimo be reserved for their irrigation,
water and sewer facilities that traverse the proposed vacation parcel to
install, construct, enlarge, survey, reconstruct, remove and replace, operate,
maintain, repair, improve and relocate underground pipeline(s), which
pipeline(s) may be installed at different times, and over a period of time, and
necessary devices and appurtenances thereto in, on, over, under, along and
across the entire proposed right-of-way vacation. The easement language
shall be such that the property owner will be allowed to construct a
.. 1 398
Resolution No. 2010-
RW-V 2010-018
Adopted: July 6, 2010
Page 2
driveway, landscaping and a fence and gate across the vacated portion
subject to ,CVWD approval (with the provision that CVWD cannot
unreasonably withhold their approval).
4. Approval and adoption of the proposed vacation of a 2,426 sq. ft. portion of
Avenida Ultimo east of Washington Street will not cause a significant
negative impact upon the environment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
SECTION 1: The City Council, having elected to proceed under the
provisions of Chapter 3 of the Public Streets, Highways and Service Easement
Vacation Law of the State of California, and having held a public hearing upon due
notice as provided therein, hereby finds from all evidence submitted that the 2,426
sq. ft. portion of Avenida Ultimo east of Washington Street, specifically described
in Exhibits A and B, is unnecessary for either present or prospective public use or
purposes, including use as non -motorized transportation facilities.
SECTION 2: The City Council hereby orders the vacation of the 2,426 sq. ft.
portion of Avenida Ultimo east of Washington Street as shown in Exhibits A and B,
reserving and excepting from the vacation an easement over the vacated portion of
Avenida Ultimo to CVWD to install, construct, enlarge, survey, reconstruct, remove
and replace, operate, maintain, repair, improve and relocate underground
pipeline(s), which pipeline(s) may be installed at different times, and over a period
of time, and necessary devices and appurtenances thereto in, on over, under, along
and across the entire proposed right-of-way vacation. The easement language shall
be such that the property owner will be allowed to construct a driveway,
landscaping and a fence and gate across the vacated portion subject to CVWD
approval (with the provision that CVWD cannot unreasonably withhold their
approval.
SECTION 3: The City Council hereby determines that adoption of the
vacation will cause no significant negative environmental impact.
SECTION 4: The City Council hereby orders that the vacation shall not be
effective until a certified copy of this Resolution has been recorded with the
Riverside County Recorder.
SECTION 5: The City Council hereby determines and orders that the City
Clerk is hereby authorized and directed to record a certified copy of this Resolution
in the Office of the County Recorder of Riverside County, California.
Resolution No. 2010-
RW-V 2010-018
Adopted: July 6, 2010
Page 3
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council held on this day of by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
VERONICA J. MONTECINO, CIVIC, City Clerk
City of La Quinta, California
(SEAL)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
4np
EXHIBIT. "A'$
AVENIDA ULTIMO STREET VACATION
RW-V 2010-018
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
SHEET 1 OF 1
THAT PORITON OF LETTERED LOT "B' (AVENIDA ULTIMO) AS SHOWN BY THE DESERT CLUB TRACT,
UNIT NO. 5, AS FILED IN BOOK 21, PAGES 61 AND 62 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER, OF THE NORTHEAST
QUARTER OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ALSO
BEING THE CENTERLINE INTERSECTION OF WASHINGTON STREET (FORMERLY MARSHALL STREET)
AND AVENIDA ULTIMO, AS SHOWN BY SAID DESERT CLUB TRACT, UNIT NO. 5;
THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 6, NORTH 89-48'00" EAST, 30.00 FEET, TO THE NORTHWEST CORNER OF
AFOREMENTIONED LOT "B", ALSO BEING THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 8948'OC EAST, 78.00 FEET, TO THE
SOUTHWEST CORNER OF THAT PARCEL OF LAND GRANTED TO THE CITY OF LA QUINTA PER QUITCLAIM
DEED RECORDED JANUARY 13, 1992 AS INSTRUMENT NO. 011041 OF OFFICIAL RECORDS;
ON
SOENCE UTHERLY LINE OFAVING DSAIDRTHERLY LOT B'LALSO BENGSOUTH OTHE9SOUTHERLY RIGHT OF AY OF SAID 30.00 FEET, TO A AVENIDA
E AVENI A
ULTIMO;
THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT OF WAY, SOUTH 89'48'00" WEST, 58.02 FEET, TO
THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 20.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE, ALSO BEING THE SOUTHERLY RIGHT OF WAY OF SAID
AVENIDE ULTIMO, THROUGH A CENTRAL ANGLE OF 89'57'30", AN ARC LENGTH OF 31.40 FEET, TO A
POINT ON THE EASTERLY RIGHT OF WAY OF SAID WASHINGTON STREET;
THENCE NORTHERLY ALONG THE WESTERLY LINE OF AFOREMENTIONED LOT "B', NORTH 00'09'30" WEST,
49.99 FEET, TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 2,426 SQUARE FEET, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT "B' ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED UNDER THE SUPERVISION OF: o° ��� FPS a
a U 2 z
6588
' \ 1 1 1f7 * E.I.12-31-71
CHRIS J. ElEgM, P. . 6588 DATE:
EXPIRES 12/31/11 9TFOF
CA.
401
NW COR.
SW 1/4,
NE 1/4.
SEC. 6,
T6S, R7E
30'
EXHIBIT "B"
AVENIDA ULTIMO STREET VACATION
30' 1
J
N J
o Ln
Z
NJ
3 fy
c� fy
0
30, 30,
RW-V 2010-018
CVWD
(O.R. 2456846)
S.W. CORNER OF R/W PER
QUITCLAIM DEED, O.R. 011041
POB R/W PER QUITCLAIM
NW CC /// DEED, O.R. 011041
LOT B" ( REC., 1/13/1992
\\ N 89'48'00" E 569.00'
SHEET 1 OF 1
SCALE: 1" = 80'
0 40 80 160
L2 122.00' — 339.00
Z L3 fk AVENIDA ULTIMO "LOT B"
L4 SOUTHERLY R/W
A=89'57'30"
R=20.00'
L=31.40'
13 12 11
DESERT CLUB TRACT
UNIT NO. 5 1
M.B. 21 /61-62
14 1 15 1 16
® INDICATES EASEMENT AREA
LINE DATA
BEARING
LENGTH
L1
N 89'48'00 E
30.00'
12
N 8948'00" E
78.00'
L3
S 00'09'30" E
30.00, '
1-4
S 89'48'00" W
58.02'
1-5
V 00'09'30" W
49.99'
nCL
O
r�
0
M
PREPARED UNDER THE SUPERVISION OF:
4Q o
CHRIS J. I
GH, S. 6588 DATE:
EXPIRES 12
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ATTACHMENT 2
EXHIBIT. "A" SHEET T OF T
AVENIDA ULTIMO STREET VACATION
RW-V 2010-018
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
THAT PORITON OF LETTERED LOT "Ti' (AVENIDA ULTIMO) AS SHOWN BY THE DESERT CLUB TRACT,
UNIT NO. 5, AS FILED IN BOOK 21, PAGES 61 AND 62 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER, OF THE NORTHEAST
QUARTER OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ALSO
BEING THE CENTERLINE INTERSECTION OF WASHINGTON STREET (FORMERLY MARSHALL STREET)
AND AVENIDA ULTIMO, AS SHOWN BY SAID DESERT CLUB TRACT, UNIT NO. 5;
THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 6, NORTH 89'48'00" EAST, 30.00 FEET, TO THE NORTHWEST CORNER OF
AFOREMENTIONED LOT "B", ALSO BEING THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 8948'00" EAST, 78.00 FEET, TO THE
SOUTHWEST CORNER OF THAT PARCEL OF LAND GRANTED TO THE CITY OF LA QUINTA PER QUITCLAIM
DEED RECORDED JANUARY 13, 1992 AS INSTRUMENT NO, 011041 OF OFFICIAL RECORDS;
THENCE LEAVING SAID NORTHERLY LINE, SOUTH 00'09'3Y' EAST, 30.00 FEET, TO A POINT ON THE
SOUTHERLY LINE OF SAID LOT "B", ALSO BEING THE SOUTHERLY RIGHT OF WAY OF SAID AVENIDA
ULTIMO;
THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT OF WAY, SOUTH 89.48-OC WEST, 58.02 FEET, TO
THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 20.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE, ALSO BEING THE SOUTHERLY RIGHT OF WAY OF SAID
AVENIDE ULTIMO, THROUGH A CENTRAL ANGLE OF 89'57'30", AN ARC LENGTH OF 31.40 FEET, TO A
POINT ON THE EASTERLY RIGHT OF WAY OF SAID WASHINGTON STREET;
THENCE NORTHERLY ALONG THE WESTERLY LINE OF AFOREMENTIONED LOT "B", NORTH 0909130" WEST,
49.99 FEET, TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 2,426 SQUARE FEET, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT "5' ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED UNDER THE SUPERVISION OF: �yh4�`' J BFp61
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x
L.S. 6588
04�,`I 9 ,a * Exp. 12-31-11
CHRIS J. BE P. 6588 ATE: sT �P
EXPIRES 12/31/11 9fFOF CALF
405
ATTACHMENT 3
SW 1/4,
NE 1/4.
SEC. 6,
T6S, RK
30, 1
EXHIBIT "B„ SHEET 1 OF 1
AVENIDA ULTIMO STREET VACATION
RW-V 2010-018
30' CVWD
(O.R. 2456846)
S.W. CORNER OF R/W PER SCALE: 1" = 80'
QUITCLAIM DEED, O.R. 011041
0 40 80 160
-poR/W PER QUITCLAIM
NWBCOR. DEED, O.R. 011041
LOT "B" REC., 1/13/1992
N 8948'00" E 569.00'
/ L2 122.00' 339.00' q
L3 AVENIDA ULTIMO "LOT B" n
L4 SOUTHERLY R/W
A=89'57'30"
R=20.00'
w
L=31.40'
13 12 11
DESERT CLUB TRACT
o
c
{ UNIT NO. 5 {
z
�
M.B. 21/61-62
=
J
�
a
0
14 15 16
30,
30,
® INDICATES EASEMENT AREA
LINE DATA
BEARING
LENGTH
L1
N 89'48'00" E
30.00'
1-2
N 89'48'00" E
78.00'
L3
S 00'09'30" E
30:00'
L4
S 89'48'00" W
58.02'
L51
N 00'09'3d' W
49.99'
"'
PREPARED UNDER THE SUPERVISION OF:
`I R
AJ.HRIS B GH, S. 6588
EXPIRES 12/31/11
1:\M80+%ST YAC 01.NG
'" r 406