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2010 11 16 CCCity Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, NOVEMBER 16, 2010 3:30 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2010-066 Ordinance No. 485 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 November 16, 2010 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 NOVEMBER 2, 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 NOVEMBER 16, 2010. 2. RECEIVE AND FILE TREASURER'S REPORT DATED SEPTEMBER 30, 2010. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED SEPTEMBER 30, 2010. 4. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 483, REVISING TITLE 8 ENTITLED "BUILDING AND CONSTRUCTION," AND ADOPTING THE FOLLOWING 2010 CODES PUBLISHED BY THE CALIFORNIA BUILDING STANDARDS COMMISSION: ADMINISTRATIVE, BUILDING, RESIDENTIAL, ELECTRICAL, MECHANICAL, PLUMBING, ENERGY, FIRE, HISTORICAL BUILDING, EXISTING BUILDING, GREEN BUILDING, AND REFERENCED STANDARDS CODE. 5. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 484, AMENDING CHAPTER 2.60, SECTION 2.60.020 RELATING TO THE CITY OF LA QUINTA CONFLICT OF INTEREST CODE. 6. ADOPTION OF A RESOLUTION APPROVING AN ENVIRONMENTALLY - PREFERABLE PURCHASING POLICY. 0 0 . City Council Agenda 2 November 16, 2010 7. APPROVAL TO EXCUSE COMMISSIONER ARCHIE SHARP'S ABSENCES FROM THE AUGUST 19 AND NOVEMBER 18, 2010, HISTORIC PRESERVATION COMMISSION MEETINGS. 8. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DUDEK TO PREPARE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR AVENUE 50 AT PARK AVENUE DRAINAGE AND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2010-03, AND AVENUE 48 AT JEFFERSON STREET DRAINAGE AND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2010-04. 9. APPROVAL OF CONTRACT CHANGE ORDER NO. 1 FOR JEFFERSON STREET PARKWAY LANDSCAPE IMPROVEMENTS, PROJECT NO. 2009-16B. 10. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS FOR CONSTRUCTION INSPECTION. 11. DENIAL OF CLAIM FOR DAMAGES FILED BY ALEXIS N. LEPE - DATE OF LOSS: NOVEMBER 28, 2009. 12. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH ALBERT A. WEBB ASSOCIATES TO PREPARE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR WASHINGTON STREET DUAL -LEFT TURN AT AVENUE 48, PROJECT NO. 2010-06, AND WASHINGTON STREET DEDICATED RIGHT -TURN LANE AT EISENHOWER DRIVE, PROJECT NO. 2010-09. BUSINESS SESSION CONSIDERATION OF FORMATION AND APPOINTMENT OF TWO MEMBERS TO AN AD HOC COMMITTEE TO REVIEW THE 2ND QUARTER GRANT REQUESTS. A. MINUTE ORDER ACTION 2. CONSIDERATION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE AND OFFSITE IMPROVEMENTS FOR TRACT MAP 32879, GRIFFIN RANCH, TRANS WEST HOUSING. A. RESOLUTION ACTION to. n d 3 City Council Agenda 3 November 16, 2010 3. CONSIDERATION OF CONTRACT EXTENSION WITH RIVERSIDE COUNTY FOR ANIMAL SHELTER SERVICES. A. MINUTE ORDER ACTION 4. CONSIDERATION OF REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL ENGINEERING SERVICES TO PREPARE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR A TRAFFIC SIGNAL OR ROUNDABOUT AT THE INTERSECTION OF EISENHOWER DRIVE AND CALLE SINALOA, PROJECT NO. 2010-1 1. A. MINUTE ORDER ACTION 5. CONSIDERATION OF SELECTION OF A REPRESENTATIVE TO THE CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE. A. MINUTE ORDER ACTION STUDY SESSION -- NONE REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (FRANKLIN) 2. BOB HOPE CLASSIC FUND DISTRIBUTION COMMITTEE (ADOLPH) 3. CITY COUNCIL AD HOC COMMITTEE REPORTS 4. CVAG COMMITTEE REPORTS 5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (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) City Council Agenda 4 November 16, 20 0 J 0.04 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. PLANNING COMMISSION MINUTES OF SEPTEMBER 28, 2010 19. ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE MINUTES OF OCTOBER 6, 2010 DEPARTMENT REPORTS 1 . CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY 3. CITY CLERK. A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR B. JANUARY 4, 2011, CITY COUNCIL/REDEVELOPMENT AGENCY MEETING C. APPOINTMENT OF REPRESENTATIVE TO COACHELLA VALLEY MOSQUITO & VECTOR CONTROL DISTRICT 4. BUILDING & SAFETY DEPARTMENT REPORT FOR OCTOBER 2010 5. COMMUNITY SERVICES DEPARTMENT REPORT FOR OCTOBER 2010 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT FOR OCTOBER 2010 8. PUBLIC WORKS DEPARTMENT REPORT FOR OCTOBER 2010 9. POLICE DEPARTMENT REPORT FOR OCTOBER 2010 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. City Council Agenda 5 November A, 2010 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 AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS TO RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL. YEAR 201 1-2012. A. RESOLUTION ACTION ADJOURNMENT The next regular meeting of the City Council will be held on December 7, 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. City Council Agenda 6 November 16, 2010 1106 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 November 16, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 1 1 1, on November 12, 2010. DATED November 12, 2010 Izz r� VERONICA J. �WINTECINO, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7103. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. City Council Agenda 7 November 16, 2010 ..a . ' 0 1 o`� L • �z fAlft � „anti OF �ti COUNCIL/RDA MEETING DATE: November 16, 2010 ITEM TITLE: Demand Register Dated November 16, 2010 RECOMMENDATION: Approve Demand Register Dated November 16, 2010 BACKGROUND -.- Prepaid Warrants: 89485 - 89516) 123,255.69 89517 - 89540} 78,804.24 Voids} (9,347.55) Wire Transfers} 401,616.03 P/R 36185 - 36193 243,871.32 P/R Tax Transfers} 68,288.54 Payable Warrants: 89541 - 896711 1,534,608.36 $2,441,096.63 FISCAL IMPLICATIONS: Demand of Cash -City $2,148,710.14 Demand of Cash -RDA $291,936.49 Demand of Cash - HA $450.00 I� v� John M. Falconer, Finance Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR j STUDY SESSION PUBLIC HEARING CITY OF LA QUINTA BANK TRANSACTIONS 10/27/10 - 11/09/10 10/29/10 WIRE TRANSFER - ICMA 10/29/10 WIRE TRANSFER - PERS 11/1/10 WIRE TRANSFER - PERS 11/1/10 WIRE TRANSFER - HEALTH PREMIUM 11/4/10 WIRE TRANSFER - LANDMARK $2,204.09 $53,714.25 $2,302.01 $101,147.21 $242,248.47 TOTAL WIRE TRANSFER OUT $401,616.03 7�VJae� „ q w h l Nz1 Wm 1 W 0 I" o 1 W O 1 x 1 Q 1 q Q 1 a h Z LL Q 1 W 2 1 1 1 e 1 1 1 t 1 i 1 1 1 1 1 Y 1 U h w Z 1 x�l U O 1 1 � 1 � Q 1 � 1 CD 1 r-I 1 1 O 1 1 N 1 1 1 0\ 1 1 N 1 1 \ 1 1 0 1 1 r-i 1 1 1 1 w 1 h � � A 1 1 Y 1 1 (J 1 1 w 1 x h U 1 1 (/J 1 1 H 1 1 J t z 1 O 1 O 1 J '4 I M 1 Q O I h l > N x a 1 O \ 1 W ► 1 (L N 1 F 1 U I a \ 1 N 1 Q O W i-i i q 1 w 1 O LL h 0 1 1 H 1 1 q W 1 Z Q 1 w 1 a 1 x w 1 1 h Z 1 1 =) O 1 1 0 Z 1 1 u I U 1 1 Q 1 1 i 1 1 1 1 W 1 � 1 0 W 1 \ h 1 1 Y Q 1 1 U q 1 1 W 1 I 2 1 U 1 1 1 Y 1 Z 1 1 00 1 M Q 1 1 M H 1 1 .. 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JJJ 1 Odi 1 -It 1-4 . 1 U O 1 N 0 o 0 0 0 l N 1 NNZZZ 1 YW]C 1 C rl C%\QQa MOW 1 O Lri o.1xXx , 0 , •• oo0(A0 1 W 3 , C/l CO , W , .q co, , x , W .. .. .. .. .. , U , .•4 Ol 0 , 1 O O 1 O 1 0 H 1 > 1 1 1 C w , w 1 C, r-1 a C Q O N C0 >- >• , 0 1 N z MOM r M 1•r 1 N r-1 , r LY N.+ 0,1-Q00 Z Nd \ M w z" w w, Q Z 1 \ of IQ F-F cc 1 CD(D ML)W WO , F- 1 N 0 •• ZUNGCa 1 a 1 oN wx O,m <w m aaa 1 ZU 1 x ma 0 »> , QN 1 w0 w 000, cieW 1 Q aW 0 www , F-o 1 a as 0 C9U , , 1 0 14 O J O a F- o O in F M a 7 O o= C9 ce,i'4t 4 4,v 491^& AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: November 16, 2010 BUSINESS SESSION: ITEM TITLE: Receive and File Transmittal of CONSENT CALENDAR: ~ Treasurer's Report dated September 30, 2010 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Receive and File. BACKGROUND AND OVERVIEW: Transmittal of Treasurer's Report dated September 30, 2010 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. Respectfully submitted, J4' ohn M. Falconer, 4Finance"Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Treasurer's Report, City of La Quinta ATTACHMENT 1 T4hf 4 4 Q" MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for September 30, 2010 DATE: October 29, 2010 Attached is the Treasurer's Report for the month ending September 30, 2010. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Be innin Purchased Notes Sold/Matured Other Endin Change FInvestment posit $ 37,314,613 969,000 $ 10,750,000 $ (1,150,000) (1) $ 46,914,612 9,599,999 ed Enterprises 97,956,528 10,000,000 (2) (10,000,000) (9,989,599) 969,000 87,966,929 0 (9,989,599) Commercial Paper - (2) (2) 0 0 0 Corporate Notes Mutual Funds 15,155,163 (2) 0 (11,785) 0 15,143,378 0 (11,785) Subtotal 581,790 $ 151,977,094 $ 20,750,000 1 $ 11,150,000 6 $ 10,001,379 581,796 $ 151,575,715 6 $ 401,379 Cash $ 11,536,399 1 & 3 $ 11,776,859 $ 240,460 11,776,859 Total $ 163,513,493 $ 20,750,000 $ 22,926,iT,1:1: 911 0,001,379 $ 151,335,255 $ 12,178,238 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. John M. Falconer Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. Date (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. �•,R . ' ll � J 3 Treasurer's Commentary For the Month of September 2010 Cash Balances - The portfolio size decreased by $12.18 million to end the month at $151.34 million. The major reason for the decrease was the semi annual debt service payment of $1 1.22 million and Capital Improvement Project payments of $1.29 million, notable payments were for the Adams Street Bridge ($374,000); Cove Fire Station ($287,000); and, the Laguna de la Paz Sound wall ($154,000). Investment Activity - The investment activity resulted in an average maturity decrease of 1 day from the prior month to end the month of September at 107 days. The Treasurer follows a buy and hold investment policy and purchased one (1) U.S. Treasury Bill of $10 million to replace a $10 million U.S. Treasury Bill that matured. The sweep account earned $13 in interest income for the month of September and the bank fees for the month were $ 1,961 which resulted in a net decrease of $1,948 in real savings. Portfolio Performance - The overall portfolio performance had a five (5) basis point increase from the prior month and ended at .51 % for the month, with the pooled cash investments yield increased by six (6) basis points to yield .55%. The portfolio yield should continue to stay at these levels for the near future. At this time last year, the portfolio was yielding .53% which reflects the current interest rate environment. Lookinq Ahead The Treasurer is still concentrating on safety first and foremost. In the short term, the Treasurer will be maintaining LAIF balances at the maximum allowable percentage because its rate declines slower in a declining rate environment. 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Fv �� m -N'ia aw��o�o$ _ City of La Quint@ Comparative Rates of Interest September 30, 201 C City of La Quinta Year Month Annualized Eamin I Average Maturity (days) Treasury Bills/Note Three Month Non -Financial LAIF Re 4.85% Pooled Cash Fiscal Agent Overall Three Month Six Month One Year Two Year FY 06/07 July 2006 4.93% 5.00% 4.96% 95 5,06% August2006 4,94% 5.01% 4.97% 48 4.97% 4,95% Sept 2006 4.98 % 5.01 % 4.99 % 53 5, 00 % 5.02 % Oct 2006 5.00 % 5.02% 5,01 % 67 4.96% 5.10% Nov 2006 5.04 % 5.03 % 5.03 % 62 4.94 % 5,13 Dec 2006 5.08 % 5.04 % 5,06% 80 4.90 % 5,13 % Jan 2007 5,18% 5.12% 5.16% 64 4,98% 5,16% Feb 2007 5.19% 5.13% 5.17% 45 4.95% 5,18% Mar2007 5.21% 5,03% 5.15% 67 4,88% 5,21% Apr 2007 5.20% 5,14% 5.15 % 42 4.84 % 5.22 % May 2007 5.20% 6.05% 5A6% 32 4.81% 5.25% June 2007 6,19% 4.88% 5,10 % 85 4.81 % 5.25% FY 07/08 July 2007 5.21 % 4.90% 5.12 % 129 4.80% 5.26 % August 2007 5,17% 4.85% 5.08% 109 4.59% 5.25% Sept 2007 5.16 % 4.86% 5.06 % 129 4.00% 5,23% Oct2007 5,11% 4,85% 5.02% 116 3.95% 5.14% Nov 2007 5.03% 4,83% 4.96% 99 3.34% 4.96% Dec 2007 4.95% 3.43 % 4.45% 123 3.39% 4.80% Jan 2008 4.58% 3,33% 4.22% 96 2,31% 4.62% Feb 2008 4.12% 3.24% 3.85% 86 2.07% a. 16% Mar2008 4,07% 2.83% 3.67% 74 1,50% 3.78% Apr 2008 3.45% 3.27% 3.41% 82 1.70% 3 40% May 2008 3,14% 3,27% 3,17% 63 1,92% 3.07% June 2008 3.09% 1,94% 2.86% 80 2.14% 2.89% FY 08/09 July 2008 2.99% 1.93% 2.77% 62 1.70 % 1.88% 2,29% 2.75 % 2.18 % 2.79% August 2008 3.16% 1,92% 2.88% 51 1.69% 1.89% 2.14% 2,38% 2,08% 2,78% Sept2008 2.81% 1.92% 2.64% 37 1.42% 1,79% 1,96% 2.00% 2,13% 2.77% Oct 2008 2.66% 2.61 % 2.61% 29 0.90% 1.40% 1,72% 1.50% 2.07 % 2.71 Nov 2008 2,38% 2.36% 2.36% 64 0.15% 0.49% 1.04% 1.26% 1.45% 2.57% Dec 2008 1.60% 0,18 % 1,42 % 116 0.05% 0.25 % 0.59% 0.88% 0.97 % 2.35 % Jan 2009 1,36% 0.18% 1,23% 82 0.15% 0.35% 0.43% 0.88% 0.31% 2.05% Feb 2009 1.23 % 0.18% 1.11 % 75 0,30 % 0.50 % 0.61 % 0,88 % 0.48% 1.87 % Mar 2009 1.26 % 0.18% 1,13% 69 0.20% 0.42 % 0.70 % 0.88% 0.37 % 1.82 % Apr2009 0.94% 0.18% 0,85% 54 0.31% 0.33% 0.59% 0.88% 0.28% 1.61 % May 2009 0,92% 0,18% 0.84% 80 0.18% 0,30% 0,53% 0.88% 0,23% 1.53% June 2009 0.85% 0.29% 0,80% 111 0.20% 0,35% 0,55% 1.13% 0,26% 1.38% FY 09/10 July 2009 0.69% 0.30% 0,65% 111 0.19% 0.28% 0.47% 1.00% 0.28% 1.04% August 2009 0,64% 0.30% 0.61% 92 0.16% 0.26% 0.46% 1.00% 0,24% 0.93% Sept2009 0.56% 1 0.31% 0,53% 112 0.12% 0.19% 0.41% 1,00% 0,19% 0.75% Oct 2009 0.52 % j 0,31% 0.50 % 90 0.08% 0.19% 0.38% 1.00% 0.19% 0.65% Nov 2009 0.56% 0.31% 0.53% 152 0.04% 0.14% 0.32% 0.75% 0.15% 0.61% Dec 2009 0.56% 0.15% 0.51% 239 0.11% 0.20% 0.16% 1.00% 0,16% 0,57% Jan 2010 0.46% 0.15% 0.43% 179 0.06% 0,14% 0.34% 0.88% 0.13% 0,56% Feb 2010 0,51% 0.16% 0.48% 162 0.13% 0,19% 0,32% 0.88% 0.15% 0.58% Mar2010 0,50% 0.16% 0,47% 172 0.15% 0.24% 0,38% 1,00% 0.20% 0.55% Apr2010 0.52% 0.16% 0.48% 162 0.15% 0.24% 0.49% 1.00% 0.23% 0,59% May 2010 0,52% 0.16% 0.48% 116 0A7% 0.22% 0.37% 0,75% 0.28% 0.56% June 2010 0.55% 0.15% 0.51% 134 0.16% 0.22% 0,32% 0.63% 0.32% 0.53% FY 10/11 July 2010 0.50% 0.15% 0.47% 119 0.16% 0.20% 0.30% 0,63% 0.28% 053% August2010 0.49% 0,15% 0.46% 108 0,15% 0.19% 0,26% 0,38% 0.25% 0. 51% Sent 2010 0.55% 0.15% 0.51% 107 0.16% 0.19% 0.27% 0,38% 0.24% 0.50% CD r L m lLi G rCL A�' 0 W N L I .1 .1 .1 1 .I ,I 1 1 I I I I I 1 I I I I 1 I 1 I I I i I I I I i� O 4- O O �+ O U ev c V N N CCD o 0o CO d d. o o o Q a 0 N C I Q� Y CL N C rQ^i vJ Q N C_ o C W � N N � C � Q C Q C N N O C � T C rn � Q m wR U t0 N � LL N N o 0 N Z C c' Z' O C N m (a w a� N (6 r = (V N } 7 N c m E N N Q c- L N 0 0 �I m rn C N, (0 co w F. N L N O � O Q Q U) I a N O 0 0 8 12 ceiu4f 4 44P QwKraj COUNCIL/RDA MEETING DATE: November 16, 2010 ITEM TITLE: Receive and File Transmittal of Revenue and Expenditure Report dated September 30, 2010 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of the September 30, 2010 Statement of Revenue and Expenditures for the City of La Quinta. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Revenue and Expenditures, September 30, 2010 ATTACHMENT 1 CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2010 - 09/30/2010 FUNDS ADJUSTED BUDGET RECEIVED % RECEIVED General $34,992,104.00 $2,856,618.24 8.20% Library 2,591,200.00 0.00 0.00% Gas Tax Revenue 1,104,000.00 44.46 0.00% Federal Assistance 190,000.00 0.00 0.00% JAG Grant 20,643.00 0.00 0.00% Slesf (Cops) Revenue 100,000.00 3.46 0.00% Indian Gaming 0.00 0.00 0.00% Lighting & Landscaping 965,300.00 0.00 0.00% RCTC 0.00 0.00 0.00% Development Funding 0.00 0.00 0.00% Crime Violent Task Force 0.00 0.00 0.00% AB 939 18,000.00 12,760.90 70.90% Quimby 64,400.00 2,304.97 3.60% Infrastructure 100.00 80.58 80.60% Proposition 1 B 0.00 114.22 0.00% South Coast Air Quality 53,400.00 13,361.01 25.00% CMAQ/ISTEA 0.00 0.00 0.00% Transportation 443,200.00 49,740.22 11.20% Parks & Recreation 89,200.00 8,028.00 9.00% Civic Center 127,600.00 12,519.86 9.80% Library Development 35,500.00 3,195.00 9.00% Community Center 13,200.00 898.37 6.80% Street Facility 20,717.00 2,206.93 10.70% Park Facility 2,200.00 198.02 9.00% Fire Protection Facility 29,800.00 3,268.44 11.00% Arts In Public Places 31,325.00 12,394.33 39.60% Interest Allocation 0.00 0.00 0.00% Capital Improvement 90,651,687.00 2,373,200.60 2.60% Equipment Replacement 34,376.00 28,130.66 81.80% Information Technology 7,795.00 2,531.24 32.50% Park Equipment & Facility 3,400.00 149.17 4.40% SilverRock Golf 3,652,607.00 332,291.60 9.10% SilverRock Golf Reserve 63,729.00 60.11 0.10% La Quinta Public Safety Officer 2,100.00 2,004.95 95.50% La Quinta Financing Authority 6,603,456.00 3,844,965.63 58.20% RDA Project Area No. 1 59,235,334.00 3,043,903.69 5.10% RDA Project Area No. 2 35,857,248.00 1,382,111.78 3.90% La Quinta Housing Authority 408,750.00 69,143.99 16.90% Total $237,412,371.00 $14,056,230.43 5.90% CITY OF LA QUINTA EXPENDITURES - ALL FUNDS FUNDS BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENT enera o Library 1,720,490.00 265,779.84 0.00 1,454,710.16 15.4% Gas Tax 1,490,702.00 254,799.80 0.00 1,235,902.20 17.1% Federal Assistance 286,912.00 0.00 0.00 286,912.00 0.0% JAG Grant 24,500.00 0.00 0.00 24,500.00 0.0% Slesf (Cops) Revenue 100,000.00 0.00 0.00 100,000.00 0.0% Indian Gaming 0.00 0.00 0.00 0.00 0.0% Lighting & Landscaping 965,300.00 241,326.00 0.00 723,974.00 25.0% RCTC 0.00 0.00 0.00 0.00 0.0% Development Agreement 0.00 0.00 0.00 0.00 0.0% CV Violent Crime Task Force 0.00 0.00 0.00 0.00 0.0% AB 939 414,088.00 44,380.98 2,000.00 367,707.02 10.7% Quimby 9,976,335.00 518,026.39 0.00 9,458,308.61 5.2% Infrastructure 393,074.00 0.00 0.00 393,074.00 0.0% Proposition 1B 575,785.00 4,397.50 0.00 571,387.50 0.8% South Coast Air Quality 304,182.00 149,582.00 0.00 154,600.00 49.2% C MAQ 1,007,105.00 0.00 0.00 1,007,105.00 0.0% Transportation 4,395,436.00 602,419.03 0.00 3,793,016.97 13.7% Parks & Recreation 9,800.00 1,823.08 0.00 7,976.92 18.6% Civic Center 261,858.00 62,736.93 0.00 199,121.07 24.0% Library Development 12,700.00 2,488.12 0.00 10,211.88 19.6% Community Center 0.00 0.00 0.00 0.00 0.0% Street Facility 654,503.00 53,946.08 0.00 600,556.92 8.2% Park Facility 2,917.00 198.02 0.00 2,718.98 6.8% Fire Protection 6,000.00 1,200.48 0.00 4,799.52 20.0% Arts In Public Places 476,200.00 28,058.62 0.00 448,141.38 5.9% Interest Allocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 90,651,689.00 2,373,200.60 138,880.73 88,139,607.67 2.6% Equipment Replacement 589,647.00 33,811.53 3,047.00 552,788.47 5.7% Information Technology 535,752.00 90,767.04 38,661.00 406,323.96 16.9% Park Maintenance Facility 510,815.00 990.00 0.00 509,825.00 0.2% SilverRock Golf 3,823,601.00 637,175.87 0.00 3,186,425.13 16.7% SilverRock Reserve 0.00 0.00 0.00 0.00 0.0% LQ Public Safety Officer 2,000.00 0.00 0.00 2,000.00 0.0% La Quinta Financing Authority 6,600,456.00 3,849,756.71 0.00 2,750,699.29 58.3% La Quinta Housing Authority 419,350.00 27,704.30 0.00 391,645.70 0.00 RDA Project Area No. 1 98,740,594.00 13,901,438.31 0.00 84,839,155.69 14.1% RDA Project Area No. 2 53,214,142.00 3,581,618.71 0.00 49,632,523.29 6.7% oa J1. CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL TAXES: Property Tax No Low Property Tax Distribution Statutory Tax - LQ Statutory Tax - Riverside Cnty Sales Tax Sales Tax Reimbursement Document Transfer Tax Transient Occupancy Tax Transient Occupancy Tax - Mitigation Measures Franchise Tax TOTAL TAXES LICENSE & PERMITS: Business License Animal License Building Permits Plumbing Permits Mechanical Permits Electrical Permits Garage Sale Permits Misc. Permits TOTAL LICENSES & PERMITS FEES: 07/01/2010 - 09/30/2010 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 2,109,900.00 0.00 2,109,900.00 0.000% 4,073,000.00 0.00 4,073,000.00 0.000% 100,000.00 0.00 100,000.00 0.000% 226,600.00 0.00 226,600.00 0.000% 4,977,750.00 385,797.70 4,591,952.30 7.750% 1,659,250.00 0.00 1,659,250.00 0.000% 384,300.00 79,992.10 304,307.90 20.820% 4,000,000.00 322,524.17 3,677,475.83 8.060% 251,000.00 7,126.90 243,873.10 2.840% 1,454,600.00 62,777.49 1,391,822.51 4.320% 19,236,400.00 858,218.36 18,378,181.64 4.460% 288,400.00 63,424.00 224,976.00 21.990% 29,700.00 7,259.50 22,440.50 24.440% 200,000.00 52,420.72 147,579.28 26.210% 25,000.00 6,999.75 18,000.25 28.000% 19,000.00 7,616.50 11,383.50 40.090% 28,000.00 7,427.89 20,572.11 26.530% 15,000.00 3,780.00 11,220.00 25.200% 67,000.00 12,987.45 54,012.55 19.380% 672,100.00 161,915.81 510,184.19 24.090% Sale of Maps & Publications 4,000.00 453.59 3,546.41 11.340% Community Services Fees 354,100.00 170,917.90 183,182.10 48.270% Finance 8,050.00 60.00 7,990.00 0.750% Bldg & Safety Fees 170,000.00 40,223.78 129,776.22 23.660% Bldg & Safety Lease Revenue 62,000.00 12,000.00 50,000.00 19.350% SMIP Fees 1,000.00 0.00 1,000.00 0.000% Community Development Fees 50,000.00 19,689.50 30,310.50 39.380% Public Works Fees 235,500.00 30,848.00 204,652.00 13.100% TOTAL FEES 884,650.00 274,192.77 610,457.23 30.990% INTERGOVERNMENTAL Motor Vehicle In -Lieu 3,627,800.00 22,013.63 3,605,786.37 0.610% Motor Vehicle Code Fines 102,900.00 9,653.92 93,246.08 9.380% Parking Violations 56,700.00 5,584.10 51,115.90 9.850% Misc. Fines 166,500.00 18,991.79 147,508.21 11.410% Federal Govt Grants 192,700.00 34,602.50 158,097.50 17.960% County of Riverside Grant 0.00 0.00 0.00 0.000% State of California Grant 0.00 870.24 (870.24) 0.000% Fire Services Credit - Capital (10150003375010) 528,916.00 286,441.00 242,475.00 54.160% Fire Services Credit- Oper (10150003375000) 5,154,438.00 0.00 5,154,438.00 0.000% CVWD 16,800.00 0.00 16,800.00 0.000% CSA152 Assessment 250,000.00 297,284.63 (47 284.63) 118.910% TOTAL INTERGOVERNMENTAL 10,096,754.00 675,441.81 9,421,312.19 6.690% INTEREST 3,853,350.00 872,222.26 2,981,127.74 22.640% MISCELLANEOUS 0.00 Miscellaneous Revenue 5,000.00 3,427.23 1,572.77 68.540% A8939 20,000.00 0.00 20,000.00 0.000% Insurance Recoveries 0.00 0.00 0.00 0.000% Assmnt Dist Surplus 0.00 0.00 0.00 0.000% Other Mitigation Measures 0.00 0.00 0.00 0.000% Litigation settlement 0.00 0.00 0.00 0.000% Advertising Coop 65,000.00 11,200.00 53,800.00 17.230% Cash Over/(Short) 50.00 0.00 50.00 0.000% TOTAL MISCELLANEOUS 90,050.00 14,627.23 75,422.77 16.240% TRANSFER IN 158,800.00 0.00 158,800.00 0.000% TOTAL GENERAL FUND 34,992,104.00 2,856,618.24 32,135,485.76 8.160% 4 CITY OF LA QUINTA 07/01/2010 •09/3012010 GENERAL FUND EXPENDITURE SUMMARY ADJUSTED 9/30/10 REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE GENERAL GOVERNMENT: LEGISLATIVE 945,968.00 147,131.61 0.00 798,836.39 15.55% CITY MANAGER'S OFFICE 448,150.00 85,885.77 0.00 362,264.23 19.16% DEVELOPMENT SERVICES 1,763,500.00 426,728.95 0.00 1,336,771.05 24.20% MANAGEMENT SERVICES 1 621 150.00 525 264.68 0.00 1 095 885.32 32.40% TOTAL GENERAL GOVERNMENT CITY CLERK 656 797.00 124,282.90 0.00 532 514.10 18.92% TOTAL CITY CLERK o COMMUNITY SERVICES FINANCE PARKS & RECREATION ADMINISTRATION 1,097,935.00 195,374.46 0.00 902,560.54 17.79% SENIOR CENTER 384,525.00 70,590.83 0.00 313,934.17 18.36% PARKS & RECREATION PROGRAMS 193,525.00 37,095.88 0.00 156,429.12 19.17% LIBRARY 1,442,745.00 222,713.78 0.00 1,220,031.22 15.44% PARK MAINTENANCE 989,200.00 188,697.79 12,200.00 788,302.21 19.08% MUSEUM 277,745.00 43,066.06 0.00 234,678.94 15.51% TOTAL COMMUNITY SERVICES . FISCAL SERVICES 988,230.00 198,803.43 0.00 789,426.57 20.12% CENTRAL SERVICES 274 300.00 58,731.19 0.00 215 568.81 21.41 % TOTAL FINANCE o BUILDING & SAFETY: BUILDING & SAFETY- ADMIN 332,300.00 67,093.61 0.00 265,206.39 20.19% BUILDING 860,300.00 171,725.82 300.00 688,274.18 19.96% CODE COMPLIANCE 945,750.00 179,984.00 1,750.00 764,016.00 19.03% ANIMAL CONTROL 370,790.00 61,992.48 1,500.00 307,297.52 16.72% FIRE 4,953,166.00 47,642.37 0.00 4,905,523.63 0.96% EMERGENCY SERVICES 161,550.00 8,254.30 0.00 153,295.70 5.11 % CIVIC CENTER BUILDING -OPERATIONS 1,158 975.00 111.782.16 266.45 1,046 926.39 9.Q TOTAL BUILDING & SAFETY , POLICE: POLICE SERVICES 12,708,232.00 907,708.87 11,993.64 11,788,529.49 7.14% TOTAL PUBLIC SAFETY COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT-ADMIN 1,414,925.00 132,413.08 0.00 1,282,511.92 9.36% CURRENT PLANNING 615,500.00 96,022.67 0.00 519,477.33 15.60% TOTAL COMMUNITY DEVELOPMENT o PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 618,090.00 95,685.85 1,000.00 521,404.15 15.48% DEVELOPMENT & TRAFFIC 720,735.00 129,406.13 0.00 591,328.87 17.95% MAINT/OPERATIONS - STREETS 2,247,631.00 232,439.83 0.00 2,015,191.17 10.34% MAINT/OPERATIONS- LTG/LANDSCAPING 1,721,030.00 307,018.23 0.00 1,414,011.77 17.84% CONSTRUCTION MANAGEMENT 1,261 735.00 205 382.84 74 490.27 981 861.89 16.28% TOTAL PUBLIC WORKS o TRANSFERS OUT 1,410,481.00 767,975.95 0.00 642,505.05 54.45% GENERAL FUND REIMBURSEMENTS (6,885,465.00) (1,384,667.34) 0.00 (5,500,797.66) 20.11% NET GENERAL FUND EXPENDITURES 35,699,495.00 4,462,228.18 103,500.36 31,133,766.46 12.50% CITY OF LA QUINTA 07/01/2010 - 09/30/2010 ALL OTHER FUNDS REVENUE DETAIL ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside 2,585,500.00 0.00 2,585,500.00 0.000% Contributions 0.00 0.00 0.00 0.000% Interest 5,700.00 0.00 5,700.00 0.000% TOTAL LIBRARY 2,591,200.00 0.00 2,591,200.00 0.000% GAS TAX REVENUE: Section 2105 228,000.00 0.00 228,000.00 0.000% Section 2106 138,300.00 0.00 138,300.00 0.000% Section 2107 303,800.00 0.00 303,800.00 0.000% Section 2107.5 6,000.00 0.00 6,000.00 0.000% Traffic Congestion Relief 427,800.00 0.00 427,800.00 0.000% Interest 100.00 44.46 55.54 44 460% TOTAL GAS TAX 1,104,000.00 44.46 1,103,955.54 0.000% FEDERAL ASSISTANCE REVENUE: CDBG Grant 190,000.00 0.00 190,000.00 0.000% Federal Stimulus 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL FEDERAL ASSISTANCE 190,000.00 0.00 190,000.00 0.000% JAG GRANT Grant Revenue 20,643.00 0.00 20,643.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL JAG GRANT 26,643.00 0.00 20,643.00 0.000% SLESF (COPS) REVENUE: SLESF (Cops) Funding 100,000.00 0.00 100,000.00 0.000% Interest 0.00 3.46 (3.46) 0.000% TOTAL SLESF (COPS) 100,000.00 3.46 99,996.54 0.000% INDIAN GAMING Grant revenue 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL INDIAN GAMING 0.00 0.00 0.00 0.000% LIGHTING & LANDSCAPING REVENUE: Assessment 965,300.00 0.00 965,300.00 0.000% Developer 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL LIGHTING & LANDSCAPING 965,300.00 0.00 965,300.00 0.000% RCTC RCTC Funding 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL RCTC DEVELOPMENT AGREEMENT FUND Mitigation Measures 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL DEV AGREEMENT 0.00 0.00 0.00 0.000% CRIME VIOLENT TASK FORCE Member Contributions - Carryover 0.00 0.00 0.00 0.000% Grant revenue - JAIB 0.00 0.00 0.00 0.000% CLET Line 0.00 0.00 0.00 0.000% Asset Forfeiture -State Adjudicated 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL CRIME VIOLENT TASK FORCE 0.00 0.00 0.00 0.000% AB 939 REVENUE: AB 939 Fees 0.00 0.00 0.00 0.000% Interest 5,500.00 260.90 5,239.10 4.740% Transfer In 12,500.00 12:500.00 0.00 100.000% TOTAL AB 939 u s 07/01/2010 - 09/30/2010 CITY OF LA QUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED QUIMBY REVENUE: 0.00 Quimby Fees Donations 60,000.00 0.00 60,000.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL QUIMBY 4,400.00 2,304.97 2,095.03 52.390% INFRASTRUCTURE REVENUE: Utility refund 0.00 0.00 0.00 0.000% Interest 100.00 80.58 19.42 80.580% Transfer in 0.00 0.00 0.00 0.000% TOTAL INFRASTRUCTURE 100.00 80.58 19.42 80.580% PROPOSITION 1 B - SB1266 Prop 1 B Grant Interest 0.00 0.00 0.00 0.000% TOTAL PROPOSITION 1 B 0.00 114.22 114.22 22 0.000% 0 SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution 48,900.00 13,311.84 35,588.16 27.220% MSRC Funding 4,300.00 0.00 4,300.00 0.000% Street Sweeping Grant 0.00 0.00 0.00 0.000% Interest 200.00 49.17 150.83 24 590% TOTAL SCAQ 53,400.00 13,361.01 40,038.99 25.020% CMAQ/ISTEA State Grants 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL TRANSPORTATION 0.00 0.00 0.00 0.000% TRANSPORTATION Developer fees 441,500.00 48,880.21 392,619.79 11.070% Interest 1,700.00 860.01 839.99 50.590% Transfer in 0.00 0.00 0.00 0.000% TOTAL TRANSPORTATION 443,200.00 49,740.22 393,459.78 11.220% PARKS & RECREATION Developer fees 89,200.00 8,028.00 81,172.00 9.000% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL PARKS & RECREATION 89,200.00 8,028.00 81,172.00 9.000% CIVIC CENTER Developer fees 127,600.00 12,519.86 115,080.14 9.810% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL CIVIC CENTER 127,600.00 12,519.86 115,080.14 9 810% LIBRARY DEVELOPMENT Developer fees 35,500.00 3,195.00 32,305.00 9.000% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL LIBRARY DEVELOPMENT 35,500.00 3,195.00 32,305.00 9.000% COMMUNITY CENTER Developer fees 7,400.00 666.00 6,734.00 9.000% Interest 5,800.00 232.37 5,567.63 4 010% TOTAL COMMUNITY CENTER 13,200.00 898.37 12,301.63 6.810% CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL 07/01/2010 - 09/30/2010 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED STREET FACILITY Developer fees Interest Transfer In TOTAL STREET FACILITY PARK FACILITY Developer fees Interest TOTAL PARK. FACILITY FIRE PROTECTION FACILITY Developer fees Interest TOTAL FIRE PROTECTION FACILITY ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places Arts in Public Places Credits Applied Insurance Recoveries Donations Interest TOTAL ARTS IN PUBLIC PLACES INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest Transfer In TOTAL INTEREST ALLOCATION 17,800.00 2,008.91 15,791.09 11.290% 0.00 0.00 0.00 0.000% 2,917.00 198.02 2,718.98 6.790% 20,717.00 2,206.93 18,510.07 10.650% 2,200.00 198.00 2,002.00 9.000% 0.00 0.02 (0.02) 0.000% 2,200.00 198.02 2,001.98 9.000% 29,800.00 3,268.44 26,531.56 10.970% 0.00 0.00 0.00 0.000% 29,800.00 3,268.44 26,531.56 10.970% 30, 825.00 12, 219.19 18, 605.81 39.640% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 500.00 175.14 324.86 35 030% 31,325.00 12,394.33 18,930.67 39 570% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% �.,.. 0 5 0 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio DSUSD IID RCTC Vista Dunes Housing LLP S13821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE EQUIPMENT REPLACEMENT FUND: Equipment Charges Capital Contribution Sale of Fixed Asset Insurance Recoveries Interest Transfers In TOTAL EQUIPMENT REPLACEMENT INFORMATION TECHNOLOGY FUND: 07/01/2010 - 09/30/2010 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 1,737,792.00 25,024.29 1,712,767.71 1.440% 0.00 0.00 0.00 0.000% 163,206.00 0.00 163,206.00 0.000% 9,021,049.00 93,260.90 8,927,788.10 1.030% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 160,160.00 0.00 160,160.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 87,300.00 0.00 87,300.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 578,075.00 0.00 578,075.00 0.000% 0.00 0.00 0.00 0.000% 78,904,105.00 2,254,915,41 76,649,189.59 2.860% 90,651,687.00 2,373,200.60 88,278,486.40 5.330% 27,776.00 27,776.00 0.00 100.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 6,600.00 354.66 6,245.34 5.370% 0.00 0.00 0.00 0.000% 34,376.00 28,130.66 6,245.34 81.830% Charges for services 2,295.00 2,295.00 0.00 100.000% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 0.00 0.00 0.00 0.000% Interest 5,500.00 236.24 5,263.76 4.300% Transfers In 0.00 0.00 0.00 0.000% TOTAL INFORMATION TECHNOLOGY 7,795.00 2,531.24 5,263.76 32.470% PARK EQUIPMENT & FACILITY Charges for services Interest Capital Contributions TOTAL PARK EQUIPMENT & FAC SILVERROCK GOLF Green fees Range fees Resident Card Bob Hope Chrysler Classic Merchandise Food & Beverage Allocated Interest Income Transfers In TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE Interest Transfers In TOTAL SILVERROCK GOLF LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY 0.00 0.00 0.00 0.000% 3,400.00 149.17 3,250.83 4.390% 0.00 0.00 0.00 0.000% 3,400.00 149.17 3,250.83 4.390% 3,111,458.00 285,050.23 2,826,407.77 9.160% 117,656.00 9,153.00 108,503.00 7.780% 105,000.00 9,640.00 95,360.00 9.180% 0.00 0.00 0.00 0.000% 306,493.00 28,448.37 278,044.63 9.280% 12,000.00 0.00 12,000.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 3,652,607.00 332,291.60 3,320,315.40 9.100% 1,500.00 60.11 1,439.89 4.010% 62,229.00 0.00 62,229.00 0.000% 63,729.00 60.11 63,668.89 0.090% 2,000.00 2,000.00 0.00 100.000% 100.00 4.95 95.05 4.950% 2,100.00 2,004.95 95.05 95.470% CITY OF LA QUINTA OTHER CITY FUNDS ADJUSTED 9/30110 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND INTEREST ADVANCE 0.00 0.00 0.00 0.00 CAPITAL PURCHASES 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 1,720,490.00 265,779.84 0.00 1,454,710.16 TRANSFER OUT 0.00 0.00 TOTAL LIBRARY FUND GAS TAX CONTRACT SERVICES 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 1,016,184.00 254,046.00 0.00 762,138.00 TRANSFER OUT 474 518.00 753.80 0.00 473 764.20 TOTAL GAS TAX FUND FEDERAL ASSISTANCE FUND: TRANSFER OUT 286 912.00 0.00 286 912.00 TOTAL FEDERAL ASSISTANCE FUNDOU JAG GRANT I HANSFER OU I TOTAL JAG GRANT 24,5U0.UU U.OU 0.00 Z4,5UU.U0 SLESF(COPS) I HANSFER OU I TOTAL SLESF (COPS) FUND 100,U0U.0U U.00 U.UU tUU,UW.OU INDIAN GAMING FUND TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL INDIAN GAMING FUND LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 965,300.00 241,326.00 0.00 723,974.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LTG/LANDSCAPING FUND RCTC TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL RCTG DEVELOPMENT AGREEMENT FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL DEV AGREEMENT FUND CRIME VIOLENT TASK FORCE OPERATING EXPENSES 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL CRIME VIOLENT TASK FORCE AB 939 OPERATING EXPENSES 150,600.00 27,076.98 2,000.00 121,523.02 REIMBURSE GENERAL FUND 69,209.00 17,304.00 0.00 51,905.00 TRANSFER OUT 194 279.00 0.00 0.00 194 279.00 TOTAL AB 939 QUIMBY FUND: FEASIBILITY STUDY 0.00 0.00 0.00 0.00 REIMBURSE DEVELOPER FEES 0.00 0.00 0.00 0.00 I HANSFER OU I 9,978,335.00 518,028.39 0.0U 9,458,3U6.61 TOTAL QUIMBY INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 I HAN5FEH OU I 393,074.0U U.UU U.U0 393,074.UU TOTALINFRASTRUCTURE PROPOSITION 1 B - SB 1266 1 RANSFER QU 1 TOTAL PROPOSITION 1 B FUND 575,765.00 4,397.5U U.00 511,381.50 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 48,900.00 0.00 0.00 48,900.00 TRANSFER OUT 255 282.00 149 582.00 0.00 105 700.00 TOTAL SOUTH COAST AIR QUALITY3U4 CMAQ PROJECT EXPENDITURES 0.00 0.00 0.00 0.00 TRANSFER OUT 1 007 105.00 0.00 0.00 1 007 105.00 TOTAL GMAQ 0.00 uuf,luo.uu TRANSPORTATION PROGRAM COSTS 0.00 0.00 0.00 0.00 CONTRIBUTION 0.00 0.00 0.00 0.00 TRANSFER OUT 4,395 436.00 602,419.03 0.00 3,793 016.97 TOTAL TRANSPORTATION PARKS & RECREATION INTEREST ON ADVANCE 9,800.00 1,823.08 0.00 7,976.92 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL PARKS & RECREATION CIVIC CENTER SERVICES 0.00 0.00 0.00 0.00 INTEREST ON ADVANCE 60,100.00 12,297.93 0.00 47,802.07 REIMBURSE GENERAL FUND 201,758.00 50,439.00 0.00 151,319.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL CIVIC CENTER LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 0.00 INTEREST ON ADVANCE 12,700.00 2,488.12 0.00 10,211.88 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LIBRARY DEVELOPMENT V V 10 CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY COMMUNITY CENTER PROGRAM COSTS TRANSFER OUT STREET FACILITY PROGRAM COSTS INTEREST ON ADVANCE TRANSFER OUT PARK FACILITY PROGRAM COSTS TRANSFER OUT FIRE PROTECTION INTEREST ON ADVANCE TRANSFER OUT ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP OPERATING EXPENSES-APP ART PURCHASES TRANSFER OUT CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES PROJECT REIMBURSEMENTS TO GEN FUND TRANSFER OUT ADJUSTED 9/30110 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL COMMUNITY CENTER 0.00 0.00 0.00 0.00 13,100.00 1,827.01 0.00 11,272.99 641 403.00 52 119.07 0.00 589 283.93 TOTAL STREET FACILITY 0.00 0.00 0.00 0.00 2 917.00 198.02 0.00 2 718.98 TOTAL PARK FACILITY 6,000.00 1,200.48 0.00 4,799.52 0.00 0.00 0.00 0.00 TOTAL FIRE PROTECTION DIF 20,000.00 0.00 0.00 20,000.00 4,700.00 104.62 0.00 4,595.38 251,500.00 27,954.00 0.00 223,546.00 200 000.00 0.00 0.00 200 000.00 TOTAL ART IN PUBLIC PLACES 89,741,668.00 2,318,056.10 138,880.73 87,284,731.17 910,021.00 55,144.50 0.00 854,876.50 0.00 0.00 0.00 0.00 TOTAL CAPITAL IMPROVEMENT EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 414,563.00 33,811.53 3,047.00 377,704.47 DEPRECIATION EXPENSES 175,084.00 0.00 0.00 175,084.00 CAPITAL PURCHASES 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL EQUIPMENT REPLACEMENT FUND INFORMATION TECHNOLOGY FUND OPERATING EXPENSES DEPRECIATION EXPENSES CAPITAL PURCHASES PARK MAINTENANCE FACILITY OPERATING EXPENSES DEPRECIATION EXPENSES CAPITAL PURCHASES TRANSFER OUT SILVERROCK GOLF OPERATING EXPENSES TRANSFER OUT SILVERROCK GOLF RESERVE TRANSFER OUT LA QUINTA PUBLIC SAFETY CON I HIBU I IUNS 354,525.00 90,767.04 38,661.00 225,096.96 94,977.00 0.00 0.00 94,977.00 86 250.00 0.00 0.00 86 250.00 TOTAL INFORMATION TECHNOLOGY 9,000.00 0.00 0.00 9,000.00 441,391.00 0.00 0.00 441,391.00 0.00 0.00 0.00 0.00 60 424.00 990.00 0.00 59 434.00 TOTAL PARK MAINTENANCE FAG 3,761,372.00 637,175.87 0.00 3,124,196.13 62 229.00 0.00 0.00 62 229.00 TOTAL SILVERROCK GOLF 0.00 0.00 0.00 0.00 TOTAL SILVERROCK GOLF RESERVE TOTAL LA QUINTA PUBLIC SAFETY Z,000.UU U.UU U.UU Z,000.UU lire . }1f 11 CO o`` WWWWWWWW � o� V 5w ti G� OF AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: November 16, 2010 BUSINESS SESSION: ITEM TITLE: Approval Of Second Reading And Adoption Of Ordinance No. 483 Revising Title 8 CONSENT CALENDAR: Entitled "Buildings and Construction," and Adopting the Following 2010 Codes Published by the California STUDY sEssloN: Building Standards Commission: Administrative, PUBLIC HEARING: Building, Residential, Electrical, Mechanical, Plumbing, Energy, Fire, Historical Building, Existing Building, - Green Building, and Referenced Standards Code. RECOMMENDATION Adopt Ordinance No. 483 on second reading. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 2, 2010, the City Council moved to take up Ordinance No. 483 by title and number only and waive further reading. The City Council further moved to introduce Ordinance No. 483 on first reading. The motion to introduce Ordinance No. 483 carried by the following vote: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt Ordinance No. 483 on second reading; or 2. Do not adopt Ordinance No. 483 on second reading; or 3. Provide staff with alternative direction. Respectfully submitted, ecino, CIVIC, City Clerk Approved for submission by: Thomas P. Genovese, City Manager ORDINANCE NO. 483 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REVISING TITLE 8 ENTITLED "BUILDINGS AND CONSTRUCTION," AND ADOPTING THE FOLLOWING 2010 CODES PUBLISHED BY THE CALIFORNIA BUILDING STANDARDS COMMISSION: ADMINISTRATIVE CODE, BUILDING CODE, RESIDENTIAL CODE, ELECTRICAL CODE, MECHANICAL CODE, PLUMBING CODE, ENERGY CODE, FIRE CODE, HISTORICAL BUILDING CODE, EXISTING BUILDING CODE, GREEN BUILDING STANDARDS CODE, AND REFERENCED STANDARDS CODE WHEREAS, the California Building Standards Commission has adopted a State approved version of uniform codes governing construction in the State of California; and WHEREAS, said new codes shall become automatically applicable to the City of La Quinta unless the City adopts certain findings related to local climatic, geological, or topographical conditions which require modifications to the state approved rules. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Local climate conditions particularly including extreme range of temperatures and proximity to active geological areas are hereby found to require certain revisions to the State approved California Building Code. SECTION 2. ADOPTION OF BUILDING AND CONSTRUCTION REGULATIONS. There is hereby adopted an amendment, attached hereto as Exhibit A, to Title 8 of the La Quinta Municipal Code entitled "Buildings and Construction" which is incorporated as fully as if set out in full herein, for the purpose of prescribing regulations governing conditions related to building and construction and activities including those certain documents specifically described in said Exhibit A, save and except certain specified portions which are hereinafter deleted, modified or amended within various Chapters of said Title 8, of which documents being adopted by reference copies are on file with the Building and Safety Department and the same are also hereby adopted and incorporated as fully as if set out at length herein. Ordinance No. 483 Amendment to Municipal Code Title 8 2010 California Building Code Standards Adopted: November 16, 2010 Page 2 SECTION 3. VIOLATIONS AND PENALTIES. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Ordinance. Any person, firm, or corporation violating, or failing to comply with, any of the provisions of such Ordinance or Code shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of such Code is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500 or by imprisonment for not more than six (6) months or by both such fine and imprisonment. The application of the penalty provided in this Section shall not be held to prevent the abatement of prohibited conditions as a public nuisance as provided by Section 1 .01 .250 of the La Quinta Municipal Code. SECTION 4. VALIDITY. If any section, subsection, clause or phrase of this Ordinance, or of any code adopted thereby is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance or of any code adopted thereby. The City Council hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, and each code adopted hereby irrespective of the clauses or phrases being declared invalid. SECTION 5. EFFECTIVE DATE: This Ordinance shall be in full force and effect STARTING ON January 1, 201 1 . SECTION 6. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 161h day of November 2010, by the following vote: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None Ordinance No. 483 Amendment to Municipal Code Title 8 2010 California Building Code Standards Adopted: November 16, 2010 Page 3 DON ADOLPH, Mayor City of La Quinta, California 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 Ordinance No. 483 Amendment to Municipal Code Title 8 2010 California Building Code Standards Adopted: November 16, 2010 Page 4 EXHIBIT "A" Title 8 of the La Quinta Municipal Code, entitled "Buildings and Construction," shall be amended as follows: 1 . Section 8.01 .010 shall be revised to change "2007 California Administrative Code" references to "2010 California Administrative Code." 2. Section 8.01 .030 shall be renumbered as "8.01 .020." 3. Section 8.01 .070 shall be renumbered as "8.01 .030." 4. Section 8.01 .080 shall be renumbered as "8.01 .040." 5. Section 8.02.010 body text shall be revised to read as follows: "Certain documents marked and designated as the "2010 California Building Code" Volumes 1 and 2, including Appendix Chapter C (Agricultural Buildings), Appendix Chapter F (Rodentproofing), Appendix Chapter H (Signs), Appendix Chapter I (Patio Covers), and Appendix Chapter J (Grading) published by the California Building Standards Commission are adopted for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance, of all buildings or structures. Each and all of the regulations, provisions, conditions and terms of such "2010 California Building Code," published by the California Building Standards Commission, on file in the Building and Safety Department, are referred to and made part hereof as if fully set out in this chapter, except as otherwise provided in this chapter." 6. Section 8.02.020 body text shall be revised to read as follows: "The following portions of the 2010 California Building Code are deleted: A. Section 113 (Board of Appeals) B. Section 105.2 (Work exempt frc-n permit), Building, Items 2 and 4." 7. Section 8.02.060 shall be renumbered as "8.02.030" and body text revised to read as follows: "Section 903.2 of the 2010 California Building Code is amended to read as follows: Where Required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12. Those requirements notwithstanding, an approved , 616 r: ri Ordinance No. 483 Amendment to Municipal Code Title 8 2010 California Building Code Standards Adopted: November 16, 2010 Page 5 automatic sprinkler system shall be installed throughout any new building or structure where the fire area exceeds 5,000 square feet." 8. Section 8.02.080 shall be renumbered as "8.02.040" and revised to change "2007 California Building Code" reference to "2010 California Building Code." 9. Section 8.03.010 shall be revised to change "2007 California Electrical Code" references to "2010 California Electrical Code." 10. Section 8.03.040 shall be renumbered as "8.03.050." 1 1 . Section 8.03.030 shall be renumbered as "8.03.040." 12. Section 8.03.020 shall be renumbered as "8.03.030." 13. Section 8.03.020 shall be added as follows: "8.03.020 Deletion of certain parts of the California Electrical Code. The following portions of the 2010 California Electrical Code are deleted: Section 89.108.8 (Appeals Board)." 14. Section 8.04.010 shall be revised to change "2007 California Plumbing Code" references to "2010 California Plumbing Code." 15. Section 8.04.020 shall be added as follows: "8.04.020 Deletion of certain parts of the California Plumbing Code. The following portions of the 2010 California Plumbing Code are deleted: Section 1 .8.8 (Appeals Board)." 16. Section 8.05.010 shall be revised to change "2007 California Mechanical Code" and "207 California Mechanical Code" references to "2010 California Mechanical Code." 17. Section 8.05.020 shall be added as follows: "8.05.020 Deletion of certain parts of the California Mechanical Code. The following portions of the 2010 California Mechanical Code are deleted: Section 110.0 (Board of Appeals)." 18. Section 8.08.010 body text shall be revised to read as follows: "Certain documents marked and designated as the "2010 California Fire Code," including Appendix Chapte. 4 (Special Detailed Requirements Based on Use and Occupancy), Appendix B (Fire -Flow Requirements for Buildings), Appendix BB (Fire -Flow Requirements for Buildings), Appendix C (Fire Ordinance No. 483 Amendment to Municipal Code Title 8 2010 California Building Code Standards Adopted: November 16, 2010 Page 6 Hydrant Locations and Distribution►, Appendix CC (Fire Hydrant Locations and Distribution), Appendix D (Fire Apparatus Access Roads [Section D106 only]), Appendix F (Hazard Ranking), Appendix H (Hazardous Materials Management Plans and Hazardous Materials Inventory Statements), Appendix I (Fire Protection Systems - Noncompliant Conditions), and Appendix J (Emergency Responder Radio Coverage) published by the California Building Standards Commission are adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion. Each and all regulations, provisions, conditions and terms of such "2010 California Fire Code," published by California Building Standards Commission in cooperation with the International Code Council, on file in the building and safety department are referred to and made a part of this code as if fully set out in this chapter, except as otherwise provided in this chapter." 19. Section 8.08.020 title shall be revised to change "Definitions" to "Deletion of certain parts of the California Fire Code." 20. Section 8.08.020 body text shall be revised to read as follows: "The following portions of the 2010 California Fire Code are deleted: Section 108 (Board of Appeals)." 21. Section 8.08.050 shall be renumbered as "8.08.040." 22. Section 8.08.070 shall be renumbered as "8.08.050." 23, Section 8.08.090 shall be renumbered as "8.08.060" and body text revised to read as follows: "Section 903.2 of the 2010 California Fire Code is amended to read as follows: Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12. Those requirements notwithstanding, an approved automatic sprinkler system shall be installed throughout any new building or structure where the fire area exceeds 5,000 square feet." 24. Section 8.09.040 shall be revised to change "8.01.030" reference to "8.01 .020," and to change "8.01 .030B" reference to "8.01 .020(B)." 25. Section 8.14.010 shall be revised to change "2007 California Energy Code" references to "2010 California Energy Code." Ordinance No. 483 Amendment to Municipal Code Title 8 2010 California Building Code Standards Adopted: November 16, 2010 Page 7 26. Section 8.15.010 shall be revised to change "2007 California Historical Building Code" references to "2010 California Historical Building Code." 27. Section 8.16.010 shall be revised to change "2007 California Existing Building Code" references to "2010 California Existing Building Code." 28. Chapter 8.17 title shall be revised to read as follows: "Referenced Standards Code." 29. Section 8.17.010 shall be revised to change "2007 California Referenced Standards Code" references to "2010 California Referenced Standards Code." 30. Chapter 8.18 shall be added as follows: "Chapter 8.18 RESIDENTIAL CODE 8.18.010 Adoption of the California Residential Code. Certain documents marked and designated as the "2010 California Residential Code," including Appendix H (Patio Covers), published by the California Building Standards Commission are adopted for regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every detached one- and two-family dwelling, townhouse not more than three stories above grade plane in height with a separate means of egress and structures accessory thereto. Each and all of the regulations, provisions, conditions and terms of such "2010 California Residential Code," published by the California Building Standards Commission, on file in the building and safety department, are referred to and made part hereof as if fully set out in this chapter, except as otherwise provided in this chapter. 8.18.020 Deletion of certain parts of the California Residential Code. The following portions of the 2010 California Residential Code are deleted: Section 1 .8.7 (Appeals Board). 8.18.030 Fire -retardant roofing materials required. A. With the exception of patio covers and similar structures, as determined by the building official, roof covering shall be of a Class A rating and shall otherwise conform with 2010 California Residential Code Chapter 9. B. Exception: A waiver may be granted on an addition or roof repair where it does not consist of twenty-five percent or more of the existing roof area Ordinance No. 483 Amendment to Municipal Code Title 8 2010 California Building Code Standards Adopted: November 16, 2010 Page 8 and where the existing combustible roof was constructed within twenty- five years." 31. Chapter 8.19 shall be added as follows: "Chapter 8.19 GREEN BUILDING STANDARDS CODE 8.19.010 Adoption of the California Green Building Standards Code. Certain documents marked and designated as the "2010 California Green Building Standards Code," published by the California Building Standards Commission are adopted to improve public health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices. Each and all of the regulations, provisions, conditions and terms of such "2010 California Green Building Standards Code," published by the California Building Standards Commission, on file in the building and safety department, are referred to and made part hereof as if fully set out in this chapter, except as otherwise provided in this chapter." No Changes to the Remainder of Title 8. Ordinance No. 483 Amendment to Municipal Code Title 8 2010 California Building Code Standards Adopted: November 16, 2010 Page 9 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. 483 which was introduced at a regular meeting on the 2nd day of November 2010, and was adopted at a regular meeting held on the 16th day of November 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, CMC, 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 November 2010, pursuant to Council Resolution. VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California V G� OFTI�ti COUNCIL/RDA MEETING DATE: November 16, 2010 ITEM TITLE: Approval Of Second Reading And Adoption Of Ordinance No. 484 Amending Chapter 2.60, Section 2.60.020 Relating to the City of La Quinta Conflict of Interest Code. RECOMMENDATION Adopt Ordinance No. 484 on second reading. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: On November 2, 2010, the City Council moved to take up Ordinance No. 484 by title and number only and waive further reading. The City Council further moved to introduce Ordinance No. 484 on first reading. The motion to introduce Ordinance No. 484 carried by the following vote: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None FINDINGS AND ALTERNATIVES: The alternatives available to the City Courcil include: 1 . Adopt Ordinance No. 484 on second reading; or 2. Do not adopt Ordinance No. 484 on second reading; or 3. Provide staff with alternative direction. Respectfully submitted, Veronica J. Mo ecino, CMC, City Clerk Approved for submission by: Thomas P. Genovese, City Manager ORDINANCE NO. 484 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.60 SECTION 2.60.020 RELATING TO THE CITY OF LA QUINTA CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes; and WHEREAS, the Fair Political Practices Commission (the "FPPC") has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard conflict of interest code which can be incorporated by reference; and WHEREAS, the City of La Quinta (the "City") has adopted by reference the FPPC's regulation as well as a list of designated employees as Chapter 2.60 of the La Quinta Municipal Code (the "Code"); and WHEREAS, the City desires to make changes to the list of designated employees and disclosure categories to reflect the current classifications/positions within the City; and; WHEREAS, the City believes these changes are in the best interests of the citizens of the City of La Quinta. NOW THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. AMENDMENT OF CHAPTER 2.60: Section 2.60.020 of the La Quinta Municipal Code is amended to read as follows: 2.6.020 Designated employees - Disclosure categories Accounting Manager ' Assistant City Attorney* Assistant City Manager ' Assistant City Engineer* Building and Safety Director' Building and Safety Manager' City Attorney* City Clerk' City Manager* Community Development Director' 73 Ordinance 484 Amending Section 2.60.020 Re: Conflict of Interest Code Adopted: November 16, 2010 Page 2 Community Safety Manager' Community Services Director' Consultants' * * Deputy City Attorney' Economic Development Project Manager' Finance Director* Golf and Parks/Landscape Manager' Maintenance Manager' Management Analyst' Mayor* Member of the Architecture & Landscape Review Committee' Members of the City Council* Members of the Community Services Commission' Members of the Cultural Arts Commission' Members of the Historic Preservation Commission' Members of the Housing Commission' Members of the Investment Advisory Board' Members of the Planning Commission* Members of the Project Area Committee' Museum Services Manager' Personnel/Risk Manager' Planning Director' Planning Manager' Principal Planner' Public Works Director/City Engineer' Senior Engineer' Persons listed in this category shall disclose all investments, business positions and income from sources located in or doing business in the city and any interests in real property located in the city, property located not more than two miles outside the boundary of the city or property located within two -miles of any property owned or used by the city. * Persons holding these positions file the Form 700 Statement of Economic Interest pursuant to Government Code Section 87200. * * Commission Regulation 18700 defines "consultant" as an individual who, pursuant to a contract with a state or local government agency: A. Makes a governmental decision to: 1 . Approve a rate, rule or regulation, 2. Adopt or enforce a law, 3. issue, deny, suspend or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement, 4. Authorize the agency to enter into, modify or renew a contract provided it is the type of contract which requires agency approval, 5. Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract, 6. Adopt or grant agency approval of pol'--ies, standards, or guidelines for the agency, or for any subdivision thereof; or Ordinance 484 Amending Section 2.60.020 Re: Conflict of Interest Code Adopted: November 16, 2010 Page 3 B. Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's conflict of interest code. Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The city manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of the disclosure requirements. The city manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty days (30) days after its adoption. SECTION 3. POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED, and ADOPTED this 161h day of November 2010, by the following vote: AYES: Council Members NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: f Jr Ordinance 484 Amending Section 2.60.020 Re: Conflict of Interest Code Adopted: November 16, 2010 Page 4 VERONICA J. MONTECINO, City Clerk City of La Quinta, California (City Seal) 9l., 76 Ordinance 484 Amending Section 2.60.020 Re: Conflict of Interest Code Adopted: November 16, 2010 Page 5 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA 1 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. 484, which was introduced at a regular meeting on the 2"d day of November 2010, and was adopted at a regular meeting held on the 16`h day of November 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, 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 November 2010, pursuant to Council Resolution. VERONICA J. MONTECINO, City Clerk City of La Quinta, California AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: November 16, 2010 BUSINESS SESSION: ITEM TITLE: Adoption of a Resolution Approving an CONSENT CALENDAR: Environmentally Preferable Purchasing Policy STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt a resolution of the City Council approving an Environmentally Preferable Purchasing policy. FISCAL IMPLICATIONS: The policy provides for an evaluation of the cost of purchasing recycled products and includes the provision that these purchases be financially viable. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City is committed to promoting recycling and reuse of materials that would otherwise end up in the landfills. Staff has actively worked with Burrtec Waste and Recycling personnel to promote reuse, reduction, and recycling. With these efforts to promote environmental sustainability, staff's objective is to further encourage purchase and use of recycled products and environmentally friendly products. The attached Environmentally Preferable Purchasing (EPP) policy (Attachment 1) will promote the use of recycled and environmentally preferable products by the City and its contractors. Environmentally preferable products are those that have a lesser or reduced effect on human health and the environment when compared with competing products that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product. At a future Council meeting, staff will ask the City Council to consider approval to submit a grant application for a Household Hazardous Waste (HHW) grant from the California Department of Resources Recycling and Recovery (CalRecycle). Staff will be submitting a joint application with the County of Riverside (County) to CalRecycle, which could expand the number of HHW events from one up to four. During this past year, the number of La Quinta HHW events were reduced by the County from two to one due to the opening of the permanent HHW facility located in Palm Springs. As part of this grant application, staff will also work with Burrtec Waste and Recycling to include the possible creation of a curbside HHW program. In order to be eligible for Household Hazardous Waste HHW grant funding from CalRecycle, the City is required to provide a copy of its EPP policy with the application. Staff recommends that the City Council approves this Environmentally Preferable Purchasing policy to demonstrate that the City of La Quinta is committed to sustainability through the products and services it procures. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a resolution of the City Council approving an Environmentally Preferable Purchasing policy; or 2. Do not adopt a resolution of the City Council approving an Environmentally Preferable Purchasing policy; or 3. Provide staff with alternative direction. Respectfully submitted, Bret M. PIumlee Assistant City Manager -Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Environmentally Preferable Purchasing policy RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE ENVIRONMENTALLY PREFERABLE PURHASING POLICY WHEREAS, the Assembly Bill 939, requires a 50% reduction of material being transported to landfills; and WHEREAS, the City of La Quinta (City) intends to achieve and surpass the AB 939 requirements and to encourage market development for products made from recycled content, and WHEREAS, adoption of an environmentally preferable purchasing policy will reduce the amount of waste material transported to landfills by reviewing how supplies, materials, and equipment are manufactured, purchased, packaged, delivered, used, and disposed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the City Council of the City of La Quinta hereby adopts the Environmentally Preferable Purchasing policy attached hereto as Attachment A. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of November, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Resolution No. 2010- Environmentally Preferable Purchasing and Practices Policy Adopted: November 16, 2010 Page 2 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 Attachment A CITY OF LA QUINTA ENVIRONMENTALLY PREFERABLE PURCHASING POLICY Purpose The City of La Quinta (the "City") recognizes that the products and services it purchases have human health, environmental, economic, and social impacts. City departments will strive, where feasible, to purchase environmentally preferable products and services that meet the City's needs. Scope This procedure applies to all departments in the City. Procedure Where subject and available budget, purchasing decisions shall favor: • Products that reduce greenhouse gas emissions or are made with renewable energy (ex. hybrid or electric vehicles, energy efficient vehicles); • Products that reduce the use of chemicals that are hazardous to the environment and employee and public health (ex. using paper cups versus styrofoam cups); • Products that contain the highest possible percentage of postconsumer recycled content (ex. 30%, 50%, or 100% versus 0% paper); • Products that reduce air and water pollution (ex. Spray pump cleaning supplies versus hydrocarbon compressed spray cleaning supplies); • Products that reduce waste (ex. Supplies packed in type 1 or 2 versus 6 or 7 plastic containers); • Suppliers who strive to improve their environmental performance and provide environmentally preferable products, and who can document the supply -chain impacts of their efforts; • Reusable products (ex. refillable pencils); • Products that are recyclable or compostable and take into account life cycle costs and benefits; and • Products that support eco-labeling practices by buying products bearing such labels in preference to others, where they are available and provide value for money. Effective 1 1-16-10 Attachment A The City commits to: • Raise staff awareness on the environmental issues affecting procurement by providing relevant information; • Encourage providers of services to consider environmental impacts of service delivery; and • Use both sides of paper sheets whenever practicable in printing and copying. The purchase of environmentally preferable products is part of our long-term commitment to the environment. By sending a clear signal to producers and suppliers about this commitment, the City hopes to support wider adoption of environmentally preferable products and practices. Nothing in this policy shall be construed as requiring a department or contractor to procure products that do not perform adequately for their intended use or are not available at a reasonable price in a reasonable period of time. This policy can be periodically modified and the City Manager or designee can approve the changes. Effective 1 1-16-10 COUNCIL/RDA MEETING DATE: November 16, 2010 ITEM TITLE: Approval to Excuse Commissioner Archie Sharp's Absences from the August 19, 2010 and November 18, 2010, Historic Preservation Commission Meetings RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a request from Commissioner Archie Sharp to be excused from attending the August 19, 2010, and November 18, 2010, Historic Preservation Commission meetings. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Municipal Code, Section 2.06.020(B) includes the statement: "If a member absents him or herself from two consecutive regular meetings, or absents him or herself from a total of three scheduled meetings within any fiscal year, his or her office shall become vacant and shall be filled as any other vacancy. A board or commission member may request advance permission from the City Council to be absent at one or more regular meetings due to extenuating circumstances, and/or may request the City Council to excuse an absence after -the -fact where such extenuating circumstances prevented the member from seeking advance permission to be absent. If such permission or excuse is granted by the City Council, the absence shall not be counted toward the above -stated limitations on absences." .f,w i'84 r Staff has discussed this section with all Commissions and, in response, Historic Preservation Commissioner Sharp has requested of the City Council to be excused from the August 19, 2010, and November 18, 2010, Historic Preservation Commission meetings. The request is being made as noted in Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a request from Commissioner Archie Sharp to be excused from attending the August 19, 2010, and November 18, 2010, Historic Preservation Commission meetings; or 2. Deny Commissioner Sharp's request; or 3. Provide staff with alternative direction. Respectfully submitted, Les Johnson, Planni Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Request from Commissioner Sharp ATTACHMENT 1 t; i-V Or- LA UWNTA PLANNING D�PA�t,rjVp4j October 30, 2010 Mr. Les Johnson, Planning Director P. O. Box 1504 La Quinta CA 92247 RE: Historic Preservation Commission Meetings Dear Mr. Johnson: On the date of August 19, 2010, I was quite ill and in the hospital. Therefore, I was unable to attend the meeting or to advise you of my impending absence. I respectfully request that you and the City Council grant me permission to have been absent from that meeting. I am still not well, under a doctor's care, unable to drive, and suffer from double vision. I respectfully request permission to be absent from the Commission meeting scheduled for November 18, 2010. We hope that I will continue to improve and be able to attend future Commission meetings. If not, I will advise you of my status. As you know, I enjoy my work with the Commission and I hope I will be able to continue being of service. Archie B. hip - 44-030 Ca ino Azul La Quinta C 92253 760-772-0M3 t 4 ��IVNLA� 5 OF 9ti COUNCIL/RDA MEETING DATE: November 16, 2010 ITEM TITLE: Approval of a Professional Services Agreement with Dudek to Prepare the Plans, Specifications and Engineer's Estimate of Probable Construction Costs for the Avenue 50 at Park Avenue Drainage Improvements, Project Number 2010-03, and the Avenue 48 at Jefferson Street Drainage and Landscape Improvements, Project Number 2010-04 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: �+ CONSENT CALENDAR: Q STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA) with Dudek (Attachment 1), in the amount of $61,380, to prepare the plans, specifications and engineer's estimate (PS&E) for the Avenue 50 at Park Avenue Drainage Improvements, Project Number 2010-03, and the Avenue 48 at Jefferson Street Drainage and Landscape Improvements, Project Number 2010-04 (Attachment 2) and authorize the City Manager to execute the Agreement. FISCAL IMPLICATIONS: The following is the approved funding and funding sources for the Avenue 50 at Park Avenue Drainage Improvements, Project Number 2010-03: RDA Project Area Number 2 $171,079 Total Funding Available: $171,079 The following is the approved funding and funding sources for the Avenue 48 at Jefferson Street Drainage and Landscape Improvements, Project Number 2010-04: RDA Project Area Number 2 $212,325 Total Funding Available: $212,325 The following is the approved funding and funding sources for the combined project: RDA Project Area Number 2 $383,404 Total Funding Available: $383,404 Due to the scope and nature of the proposed drainage improvements, staff is recommending these two minor projects be designed and constructed as a single project in an attempt to obtain economy of scale cost savings. The following is the estimated project budget for the combined project: Professional: $6,000 Design: $61,380 Inspection/Testing/Survey: $26,030 Construction: $267,294 Contingency: $22,700 Total: $383,404 As illustrated, adequate funding is available to support staff's recommendation. CHARTER CITY IMPLICATIONS: The project is 100% funded with Redevelopment Agency (RDA) project area funding. As such, the project will be bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The proposed drainage improvements on Avenue 50 at Park Avenue are intended to address localized flooding that occurs within the intersection. The scope of work will consider redirecting the storm water from the intersection to the existing retention basin located behind the Boys and Girls Club, or to the existing catch basin on Avenue 50 approximately 400 feet to the west of the intersection. The proposed improvements at the intersection of Avenue 48 and Jefferson Street are intended to increase the capacity of an existing retention basin adjacent to this intersection and Tract 28601, the Miraflores Housing development. This basin, which serves to drain both the development project and Jefferson Street, has proven to be undersized causing localized flooding of the adjacent intersection. The basin shall be re -graded to increase capacity by increasing the depth and adjusting the side slopes. As part of the improvements a new Maxwell system will be installed. The Maxwell system will replace the horizontal infiltration system currently in use. Landscaping within the basin will need to be evaluated to insure the landscape palette meets the current theme and does not interfere with the retention basin percolation. On April 20, 2010, the City Council adopted a Resolution approving the Fiscal Year 2010-2011 through 2014-2015 Capital Improvement Program (CIP) and making certain findings pursuant to Health and Safety Code Section 33445(a), and consenting to the use of La Quinta RDA funding for the improvements identified in the CIP. The RDA Board made similar findings on April 20, 2010. The Avenue 50 at Park Avenue Drainage improvement and the Avenue 48 at Jefferson Street Drainage improvement projects are included within the adopted CIP and scheduled for funding during Fiscal Year 2010-201 1. On August 3, 2010, the City Council approved a Request for Proposal (RFP) to obtain professional engineering services to prepare the PS&E for the Avenue 50 at Park Avenue Drainage Improvements, Project Number 2010-03 and for the Avenue 48 at Jefferson Street Drainage and Landscape Improvements, Project Number 2010-04. On September 1, 2010, the City received sixteen (16) proposals for the design of Avenue 50 at Park Avenue Drainage Improvements, Project Number 2010-03. On September 2, 2010, the City received fourteen (14) proposals for the design of the Avenue 48 at Jefferson Street Drainage and Landscape Improvements, Project Number 2010-04. Following its review of the proposals received for both projects, the consultant selection committee unanimously recommends that both of these minor projects be awarded to Dudek in a single contract. The consultant selection committee believes that combining the projects into one design and construction effort may result in a cost savings to the City. Contingent upon City Council approval of a PSA with Dudek on November 16, 2010, the following is the anticipated project schedule: 0 .. it �4 J *.Y City Council Approves PSA November 16, 2010 Project Design (3 months) November 2010 - March 2011 City Council Considers PS&E March 2011 City Council Considers Construction Award May 2011 Construction June - September 2011 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a PSA with Dudek, in the amount of $61,380, to prepare the PS&E for the Avenue 50 at Park Avenue Drainage Improvements, Project Number 2010-03, and the Avenue 48 at Jefferson Street Drainage and Landscape Improvements, Project Number 2010-04 and authorize the City Manager to execute the Agreement; or 2. Do not approve a PSA with Dudek, in the amount of $61,380, to prepare the PS&E for the Avenue 50 at Park Avenue Drainage Improvements, Project Number 2010-03, and the Avenue 48 at Jefferson Street Drainage and Landscape Improvements, Project Number 2010-04; or 3. Provide staff with alternative direction. Respectfully submitted, othy R. Jo son, P.E. Public Wor. s D ector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Professional Services Agreement 2. Vicinity Map AT-i ACHMENT i PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Dudek ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to the Avenue 48 at Jefferson Street Drainage and Landscape Improvements, Project No. 2010-04 and the Avenue 50 at Park Avenue Drainage Improvements, Project No. 2010-03 as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). Last revised 9-23-10 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 ("Additional Services") when directed to do so by the Contract Officer. Consultant shall not perform any Additional Services until receiving prior written authorization from the Contract Officer. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforeceable. Failure of Consultant to secure the Contract Manager's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time due, whether by way of compensation, restitution, quantum meruit, etc. for Additional Services provided without the appropriate authorization from the Contract Manager. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.2 of this Agreement. 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. Last revised 9-23-10 2 9 ") .' 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Sixty -One Thousand, Three Hundred Eighty Dollars ($61,380.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. 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. Regardless of the method of compensation set forth in the Schedule of Compensation, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional Services." 2.2 Compensation for Additional Services. Additional services approved in advance by the Contract Manager pursuant to Section 1.6 of this Agreement, "Additional Services," shall be paid for in an amount agreed to in writing by both City and Consultant in advance of the Additional Services being rendered by Consultant. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for additional services must be approved by the La Quinta City Council. Under no circumstances shall Consultant receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1 .6 of this Agreement. 2.3 Method of Billing. 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. Last revised 9-23-10 3 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. Extensions to the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Consultant to additional compensation in excess of the Contract Sum. 3.4 Term. The term of this agreement shall commence on November 17, 2010 and terminate on July 31, 2011 (initial term). This agreement may be extended upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Frank J. Dudek, P.E., President b. Charles H. Greeley, P.E., Project Manager Last revised 9-23-10 4 It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, P.E., Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 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. Last revised 9-23-10 5 �a. j 9 5 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 Last revised 9-23-10 6 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. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. General Indemnification 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 Last revised 9-23-10 7 the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. Last revised 9-23-10 8 t' b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Last revised 9-23-10 9 •... ; G Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1 . Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be Last revised 9-23-10 10 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 iw under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such Last revised 9-23-10 11 change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. Last revised 9-23-10 12 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. Last revised 9-23-10 13 r, 3 In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.7. 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. Last revised 9-23-10 14 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. Last revised 9-23-10 15 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. Last revised 9-23-10 16 106 To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: DUDEK Attention: Frank J. Dudek, P.E. President 605 Third Street Encinitas, CA 92024 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 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. Last revised 9-23-10 17 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 TV'j'% 11,01401 11 qw-ins irell alam I M. Katherine Jenson, City Attorney CONSULTANT: DUDEK RANK J. DUDEK, P.E. Title: President Date: —1f�� Last revised 9-23- 10 18 Exhibit A Scope of Services Consultant's Scope of Services to prepare the Plans, Specifications and Engineer's Estimate (PS&E) for the Avenue 48 at Jefferson Street Drainage and Landscape Improvements, Project No. 2010-04 and the Avenue 50 at Park Avenue Drainage Improvements, Project No. 2010-03, dated November 1, 2010, is attached and made a part hereof. Last revised 9-23-10 19 ��" S ! i 1) Exhibit A City of La Quinta Avenue 48 at Jefferson Street Drainage and Landscape Improvements Project No. 2010-04 & Avenue 50 at Park Avenue Drainage Improvements Project No. 2010-03 1.1 Engineering Studies and Topographic Survey Project Meetings We will begin the design related work through initiating a pre -design meeting with City staff to formalize the design approach for each project area. The meeting will be a review of project technical requirements and goals, design criteria, etc. and establish team roles, the communication process, contract management, and additional administrative tasks. We will meet with City staff during the development of the design and specifically request meetings at 50% (concept) and 85% completion. At the 50% completion meeting, we request a field inspection with preliminary plans in hand. At that meeting, any special construction or conflicts will be discussed. Topographic Survey and Base Map Preparation Nolte will conduct field surveys to ascertain topographic information for each project area. Topographic information for each project area will be acquired using ground survey equipment and property boundaries and easements will be plotted based on available record information. This effort will produce 40-scale base maps for the project area. Nolte will provide necessary field note reduction for the ground survey, provide records research and analysis for property lines, rights -of -way and easements, and provide as -needed survey services to locate existing features. Vertical datum used for the survey will be coincident with vertical datum used for other City projects to assure integration with existing and future projects. Using the digital and field verified information, Dudek will prepare a base map for both project areaa in AutoCAD 2008 format. The base map will include all above ground utilities (manholes, valves, meters, etc.) The base map will form the basis for the preparation of all plan sheets at a scale of I" _ 20'. Utility Coordination Using available utility maps obtained from utilities servicing both project areaa, Dudek will locate and plot the locations of existing utilities and points of connection. Utility agencies and companies will be contacted to determine if they have any plans to construct new or upgraded facilities in the future. Any planned utility upgrades will be plotted and identified as future facilities. Included in the utility coordination phase (for the Ave 50 project area only) will be optional (at the discretion of the City) potholing services. Any requested pot holing will be performed using "soft dig" vacuum excavation equipment. A maximum of 6 pot holes is anticipated for this optional service. Exhibit A City of La Quinta Avenue 48 at Jefferson Street Drainage and Landscape Improvements Project No. 2010-04 & Avenue 50 at Park Avenue Drainage Improvements Project No. 2010-03 Geotechnical Report Dudek's geotechnical subconsultant, Geocon, Inc., will perform and conduct geotechnical field and office analysis necessary to verify the existing soil profile and percolation rates anticipated at each site. These services will include exploratory borings (one at each site), and percolation tests for a potential Maxwell drywell system. Geocon will drill one hollow -stem auger boring at each location and then convert that boring into a deep percolation test to verify percolation for both the proposed dry well and basin bottom. Percolation testing will be conducted in accordance with Riverside County Department of Environmental Health Onsite Wastewater Treatment Systems Technical Guidance Manual -Version A. Continuous sampling will be done for each boring to confirm the location and depth of permeable strata suitable for percolation with the construction of a drywell. Boring depth at Ave 48 is anticipated to be 42 feet to account for potential depth increase of the basin and the 35 foot typical depth of a Maxwell drywell, while boring depth at Avenue 50 will be limited to 35 feet as no depth increase is anticipated for the existing basin. Field work will also include a private utility location to confirm that no undocumented utility lines will conflict with the testing operations or final improvements. A summary report will be prepared that includes boring log information, laboratory test data, percolation data, and conclusions and findings for each project area. Preliminary Design Report Following the project kick-off meeting, Dudek engineers will perform a site visit to evaluate existing condition of the retention basin, and observe and note areas of local drainage patterns and features. After completion of the site visits, Dudek will also research reference information including existing hydrology and hydraulic studies for the basin and surrounding development. Using information gathered during the site investigation and research phase, Dudek will prepare a Preliminary Design Report (PDR) that will address the issues affecting the drainage improvements at each project area. For Avenue 48 and Jefferson these issues include: • Dudek will address physical issues associated with the current basin. This evaluation will include a review of the existing basin storage capacity given the HGL limitations associated with the flowline invert elevation of the catch basin in Jefferson Street. • Dudek will address hydrologic issues associated with the current basin. The evaluation will include a review of existing tributary drainage to the basin to determine the volume capacity necessary to prevent flooding in a 100 year return interval storm event. For Avenue 50 and Park Avenue these issues include: • Dudek will address physical issues associated with the current basin. This evaluation will include a review of the existing drainage patterns around the site, including the swale that flows easterly towards Park (and is proposed to be realigned to a westerly flow.) Existing system capacity will also be evaluated based on topographic information obtained and record information for the Boys and Girls club property provided by the City. Exhibit A City of La Quinta Avenue 48 at Jefferson Street Drainage and Landscape Improvements Project No. 2010-04 & Avenue 50 at Park Avenue Drainage Improvements Project No. 2010-03 • Dudek will address hydrologic issues associated with the current basin. The evaluation will include a review of existing tributary drainage to the project area to determine the volume capacity necessary to prevent flooding in a 100 year return interval storm event. • Existing utilities and improvements in the project area will be evaluated for potential conflicts and use as a mitigation measure (primarily the existing catch basin located west of the project area that drains to the adjacent channel.) Included in the report will be a review of potential alternative solutions (ie. storm drain to nearest CVWD evacuation/drainage channel), a preliminary cost analysis of each potential mitigation option, and a final recommended solution for final design and implementation. 1.2 Design Engineering Services Preliminary Design - Concept Review The preliminary plans will be prepared based on the mitigation options recommended in the PDR and approved by the City. Preliminary plans will show existing topography, existing utilities based upon applicable utility owners' records, property line data, and most importantly, details of the proposed drainage improvements. Any recommended notes as well as any details showing quantities and special construction items will be included. The preliminary design will consider hydraulic limitations, constructability, total estimated costs, impacts to the public, and potential impacts to the project schedule. The preliminary design will also address design issues such as maintaining minimum slopes, depth of installation, avoiding existing utility conflicts, traffic control, improving system reliability and redundancy, and minimizing project costs. For the Avenue 48 project area, the preliminary landscape plans will include a planting plan with the location of all plant materials and a planting legend, and an irrigation plan that illustrates the location of key irrigation elements. Also included with the preliminary landscape plans will be an evaluation of the proposed basin landscaping to ensure compatibility with the function of the project and aesthetics of the site. Functional assessment will include an evaluation of growth characteristics and structure of proposed and existing landscape plantings, and the potential to inhibit basin percolation. Aesthetic considerations will include an evaluation of the landscape plant palette and its compatibility with the context of site, as well as local and regional landscape themes. A memo will be provided to the City that summarized all findings. Title sheet, general notes, cross -sections, data tables, and other features will be addressed in the 85% submittal stage. Final Design and Construction Document Preparation The Dudek team will prepare drawings and specifications suitable for public bid. Drainage and grading plans will be prepared to City of La Quinta and Green Book Standards, and will show existing topography, existing utilities based upon applicable utility owners' records, property line data, finished surface and flowline elevations, and storm drain invert elevations. The drainage improvements will be designed to conform to the requirements as laid out in the Request for Exhibit A City of La Quinta Avenue 48 at Jefferson Street Drainage and Landscape Improvements Project No. 2010-04 & Avenue 50 at Park Avenue Drainage Improvements Project No. 2010-03 Proposal and as determined during the initial project meetings. Other details will indicate trenching, pipe laying, backfill and compaction requirements. Landscape improvement plans will be prepared and will show the location and dimension of all site construction elements, planting plans and details will be prepared showing the final location of all plant material, including sizes and planting details as necessary. Irrigation plans will be prepared showing the final location and details of construction for all irrigation elements, including the connection to or installation of any CVWD irrigation supply laterals and meter assemblies. Bid documents and technical specifications using standard City and Greenbook format will also be prepared. The project team will prepare general drawings including typical coversheet, general notes, abbreviations and symbols, and general details. Additionally Dudek will provide construction cost estimating during the progression of the project. Engineer's opinion of probable costs (OPC) will be submitted to the City at each submittal. The accuracy of the OPC will reflect the progress of the design project and percentage complete. Deliverables and Reviews Preparation of Deliverables includes internal QA/QC prior to each submittal. The project manager will carry out a detailed review of the project team's work including any subconsultant work. Deliverables at 50%, 85%, and 100% progress submittals will include up to three (3) full-size sets of progress prints (24" x 36"), three (3) sets of technical specifications, and three (3) copies of the current OPC. Any comments from the review meetings will be incorporated into the subsequent submittal and the final submittal will include one copy of signed mylars, final technical specifications, and a copy of the final cost estimate. Electronic copies of the drawings in AutoCAD 2008 format, the project specifications in Word, and the engineers estimate in Excel will be provided. 1.3 Post Design Services Bidding Services During the bid phase of the contract, key Dudek team members will attend a pre -bid conference and job walk for potential bidders, respond to inquiries relative to design issues and prepare and furnish the City with any revisions required. The issuance of bid documents, plans and specifications and any addenda shall be performed by the City. Services During Construction During the construction phase of the Contract, the Dudek team will provide technical oversight, including responding to request for information (RFI's), reviewing submittals, and reviewing change order requests. Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.2 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement is Sixty -One Thousand, Three Hundred Eighty Dollars ($61,380.00) ("Contract Sum"). The Contract Sum shall be paid to Consultant in installment payments made on a monthly basis and in an amount identified in Consultants Schedule of Compensation attached hereto for the work tasks performed and properly invoiced by Consultant in conformance with Section 2.2 of the Agreement. The following represents a summary of the contract fee: Base Contract Amount (Fixed Fee): $43,450.00 Construction Engineering (Time and Materials): $ 4,440.00 *Optional Work Objectives: $13,490.00 TOTAL CONTRACT AMOUNT (Not to Exceed): $61,380.00 *Consultant shall not initiate Optional Work Objectives without prior written authorization by the Contract Officer. Last revised 9-23-10 20 Dudek COST PROPOSAL Engineering Services October 15, 2010 Exhibit B City of La Ouinta Avenue 50 at Park Avenue and Avenue 48 at Jefferson Drainage Improvements Page 1 of 1 ^^yy Exhibit C Schedule of Performance Consultant shall complete all services identified in the Scope of Services, Exhibit "A" of this Agreement in accordance with the attached Project Schedule, attached hereto and incorporated herein by this reference. Last revised 9-23-10 21 , . 0 E vo ♦ � a �E N000` _a _ E: m: w o m i0 �o n a oc z �! a c o o a a a a a a N a m m n n n N N N 1�1� N N N h t0 N O V 6 rz rz \ N a-, N iB N C ` - a a a \ 7 M a '.a a a a v -ma -ttlo o a a a ° o. m U E U U w :O d U a N N C o : E c .- v :m E a D° n E E E 'u O U s ¢ ; 3 d a N m' < '-:"9 c 2 a 2• v_ cEi 3 E U of o v¢ Q a m m n o n ° c a U¢ a¢ Ia ¢ c m a '_o <` w m m m w m o c m U t_ c m 2• m d• m Z• a of E' u y v Im a 3 y ¢— > 'n` a` 'm 0 TI� - 7 Exhibit D Special Requirements None. �•4 fi Last revised 9-23-10 22 L 1 :1(Z) Legend r- � City Limit ATTACHMENT 2 VICINITY MAP CITY COUNCIL MEETING: November 16, 2010 ITEM TITLE: Approval of a Professional Services Agreement with Dudek to Prepare the Plans, Specifications and Engineer's Estimate of Probable Construction Costs for the Avenue 50 at Park Avenue Drainage Improvements, Project Number 2010-03, and the Avenue 48 at Jefferson Street Drainage and Landscape Improvements, Project Number 2010-04 APPLICANT: Timothy R. Jonasson, P.E., Public Works Director/City Engineer COUNCIL/RDA MEETING DATE: November 16, 2010 ITEM TITLE: Approval of Contract Change Order No. 1 for Jefferson Street Parkway Landscape Improvements, Project Number 2009-1613 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve Contract Change Order No. 1 (Attachment 1) for Jefferson Street Parkway Landscape Improvements, Project Number 2009-1613 and authorize the City Manager to execute the same. FISCAL IMPLICATIONS: The following is a budget summary: Project Budget Total $ 1,279,310 Amount Spent Through 10-31-09 $ 512,879 Project Budget Amount Available $ 766,431 Project Construction and Contingency Budget $ 695,269 Original Construction Contract Amount $ 299,134 Pending Contract Quantity Change Order No. 1 $ 29,860 New Contract Total $ 328,994 Construction and Contingency Amount Remaining after CCO #1 $ 366,275 Adequate funding' is available to pay for Contract Change Order No. 1 and the contractor's remaining billing and retention. CHARTER CITY IMPLICATIONS: The project is funded with Redevelopment Agency (RDA) Project Area 2 funding. As such, the project was bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: On April 21, 2009, the City Council adopted Resolution 2009-033 approving the Fiscal Year 2009-2010 through 2013-2014 Capital Improvement Plan (CIP) and making certain findings pursuant to Health and Safety Code Section 33445(a). The Jefferson Street Parkway Landscape Improvements are included within the adopted CIP and scheduled for funding during Fiscal Year 2009-2010. On June 1, 2010 the City Council approved the project PS&E and authorized staff to advertise for bids the Jefferson Street Parkway Landscape Improvements. On August 3, 2010, City Council awarded a contract to Sierra Landscape Co., in the amount of $299,134, to construct the Jefferson Street Parkway Landscape Improvements, Project Number 2009-16B. Contract Change Order No. 1 is required to construct 220 LF of wrought iron fencing and one 20 foot wide gate around the perimeter of the City owned property on the northeast corner of Jefferson Street and Vista Grande. The fence and landscaping, which were inadvertently omitted from the plans, will screen the vacant parcel from the surrounding homes and keep trespassers out of the property which is also used as an access point to the Whitewater Channel by the Coachella Valley Water District (CVWD). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve Contract Change Order No. 1 for Jefferson Street Parkway Landscape Improvements, Project Number 2009-16B and authorize the City Manager to execute the same; or 2. Do not approve Contract Change Order No. 1 for Jefferson Street Parkway Landscape Improvements, Project Number 2009-16B and authorize the City Manager to execute the same; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. nass Vnr P.E. Public Works DirecCity Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Contract Change Order No. 1 ATTAC,HNIf NT Sheet 1 of 1 CONTRACT: Jefferson Street Parkway Landscape Improvements PROJECT NO.2009-16B CONTRACTOR. Sierra Landscape Co. 73771 Dinah Shore Dr. Palm Desert, Ca. 92211 CONTRACT CHANGE ORDER NO. 1 Pursuaat to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following describedwork not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. ��*�t��a�*,>F�a��*,v**�*t►*��,a,rev**��,�,a,��.��r+r,�,�x*��r�,��x**�*��*x��r�*x**�*��*a�,t:�.*��*�***,r��e*x�x This.Contract Change Order allows for construction of 220 LF of wrought iron fencing and one 20 foot wide gate around the perimeter of the City owned property on the northeast corner of Jefferson Street and Vista Grande. Total $29,860.00 4ririr9r#fir-h+k�h�k�4ah�'r�kzkix�rArile$e�s't�Ir+Yinha'e�ettfk�t4t4r9r h$i�irotovY�e�li�irdrde�t9r�c�1r�C'�ir�e�Y�Folr�c4e�k�rir�ka4 de W+F+4de�akx�c*�e:49e9c�t9nlnF�r*9e�t4r9fr9e�k Previous Contract Amount Through Change Order No. 0 $299,134.00 Add This Change Order $ 29 0.00 Revised Contract Total $328,994.00 By reason of this contract change order the time of completion is adjusted as follows: -3- days added/deleted to contract time. The revised contract completion date shall be: 12/14/10 Submitted By: Date: Approved By: Date: �r,��*o��*�**��r,�*,t•**��*��,��:�*��x��*�tr�t��r**,��t:�*�*��x*,�,��>ti*��****�,�,�,��ro*,';o>'E��**,�,�*�* We, the m dersigned Contractor, havegiven carol condderatlon to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specifxdworlr aiid hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted B Contactor Title:, zy ENT' Date: rmwoINEw mo smtvzcp D[Vts10N - (cffwaomcTs42 coNSTzLucnot7t oq i6a JEFFERSON STREET PARKWAY LANDSCAPE BeROVEMENI'SICONSTRUCTIOMPROORESS PAYMENTS& CCO%\CCOSt ADDiTtONALFWCEATVISCAORANDE.DOC - t,t COUNCIL/RDA MEETING DATE: November 16, 2010 ITEM TITLE: Approval of Professional Services Agreement with PSOMAS for Construction Inspection Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize staff to enter into a Professional Services Agreement (PSA) with PSOMAS for construction inspection services and authorize the City Manager to execute the Agreement. FISCAL IMPLICATIONS: None for this action. These services will be paid on a time and material basis. Costs for construction inspections are included within each project's budget in the Capital Improvement Program (CIP). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On July 6, 2010, City Council authorized staff to distribute a Request for Proposal (RFP) for construction inspection services for capital improvement projects. The City received twenty-three (23) proposals in response to its RFP. Staff reviewed the proposals and recommends that the City enter into a PSA with PSOMAS. Attachment 1 is the PSA for construction inspection services which calls for an initial two-year term beginning November 17, 2010 and ending November 17, 2012, with an option for up to two additional one-year terms (extended term) upon mutual agreement by both parties. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Authorize staff to enter into a PSA with PSOMAS for construction inspection services and authorize the City Manager to execute the agreement; or 2. Do not authorize staff to enter into a PSA with PSOMAS for construction inspection services and do not authorize the City Manager to execute the agreement; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. o ass , P.E. Public Works irector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement for Construction Inspection Services with PSOMAS ATTACHMENT 1 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 PSOMAS ("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. 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 ("Additional Services") when directed to do so by the Contract Officer. Consultant shall not perform any Additional Services until receiving prior written authorization from the Contract Officer. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforeceable. Failure of Consultant to secure the Contract Manager's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time due, whether by way of compensation, restitution, quantum meruit, etc. for Additional Services provided without the appropriate authorization from the Contract Manager. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.2 of this Agreement. 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 of $100.00 per hour for a Construction Inspector, including basepay, overhead, and fee, and other direct costs to include vehicle, cell phone, digital camera, digital weather monitoring device and digital smart level. The City shall not pay any additional hourly wage for hours worked over 8 per day nor over 40 per week. The above fees are valid for on -call construction inspection services for both prevailing wage and non -prevailing wage projects. PSOMAS Construction Inspectors Derrick Watkins and Jim Peters will be assigned to the City. Regardless of the method of compensation set forth in the Schedule of Compensation, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional Services." 2.2 Compensation for Additional Services. Additional services approved in advance by the Contract Manager pursuant to Section 1.6 of this Agreement, "Additional Services," shall be paid for in an amount agreed to in writing by both City and Consultant in advance of the Additional Services being rendered by Consultant. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for additional services must be approved by the La Quinta City Council. Under no circumstances shall Consultant receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of this Agreement. 2.3 Method of Billing. 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. Extensions to the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Consultant to additional compensation in excess of the Contract Sum. 3.4 Term. The term of this agreement shall commence on November 17, 2010 and terminate on November 16, 2012 (initial term►. This agreement may be extended for two (2) additional one-year terms upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Reuben Tolentino, Vice President It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE 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. 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 J .� Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 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 subco.nsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1 . Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.7. 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 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 affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: PSOMAS Attention: Reuben Tolentino Vice President 3 Hutton Centre Drive, St 200 Santa Ana, CA 92707 Phone: (714) 412-5672 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said ,parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: Veronica J. Montecino, CIVIC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: PSOMAS By: Name: —10 I r 0 Title: rMs �"`"t Date: 15110 9te� f EXHIBIT A Scope of Services City of La Quinta Prolect Understanding and Approach Proposal to Provide Construction Inspection Project Understanding We understand the City of La Quinta requires Construction Inspection services to monitor the construction of a variety of public works capital improvement and private development construction projects. The Construction Inspector (s) needs to be a qualified technical field representative for the City that can: • Prepare and track project schedules, as directed by the City. • Prepare necessary correspondence, reports, and memos necessary to administer various City capital improvement projects and/or private development projects, as directed by the City. • 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. • Work evening/night shifts as necessary to provide coverage. Additionally, Psomas will provide each of its construction Inspectors with, at no additional cost to the City, the following tools and resources to effectively perform the construction inspection services: • Cellular telephone and service compatible with the City's cellular phone service. • Hand-held digital "smart level", 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. • Digital camera for daily photographic documentation. The camera will have "date back" capability and of sufficient mega pixel resolution to review relevant details of the work inspected. • Hand-held digital weather monitoring device. The device will provide site -specific data of wind speed, ambient temperature and relative humidity, all data to be recorded in inspector's daily report. • Each inspector will complete the Coachella Valley Fugitive Dust Control class provided by the South Coast Air Quality Monitoring District and renewed every two years. • A vehicle to provide transportation to and from the designated works site. PSOMAS Project Understanding and Approach I Page I �1 f 1 .. City of La Quinta Project. Understanding and Approach! ^: Proposal to Provide Construction Inspection The City will provide: • Office equipment (i.e. fax, copier, land -based telephone service) for use by consultant's inspectors in carrying out City business. • Necessary means of printing and downloading of digital photos for archive purposes. Approach Throughout the term of our contract, our Project Manager will maintain a roster of construction inspectors who will be available as the need arises. We will review/update this list of available resources with the City on a regular basis. As a result, the City will be able to effectively plan its inspection teams and be assured the inspection staff resources from Psomas will be competent and available when needed. We will respond quickly to any request for assignment of work under this construction inspection contract. When asked to respond to a work task/project proposal we will work with the City to define the scope of work and inspection staff required to perform the scope of work, deliverables, work schedule and associated costs. We will then provide a list of candidates and resumes for the City to review, set-up interviews with City staff and assist with selection of the appropriate construction managementlinspection staff. Once the City approves staff, we will meet with the City's Project Manager and any other City staff to obtain the plans and specifications, get briefed on the status of the project and begun work on the project. Construction linspedion Services Psomas' Construction Inspector (s) will check the quality and quantities of the work performed by all trades and verify that the provisions of the contract documents are being fulfilled. Psomas' Construction Inspector will inspect construction materials, methods, techniques, and sequences to evaluate the Contractor's compliance with the construction documents. Diligent inspection can expose errors, omissions, incomplete design elements and sequences not discovered in the pre -construction review process. Daily Inspection Reports will be prepared to document observed construction activities and include any salient discussions and observations noted by the construction inspector during the course of their inspection duties. The Daily Inspection Reports will be reviewed before the start of construction with the client staff to verify all aspects and concerns are addressed during construction. PSOMAS Project Understanding and Approach I Page 2 4 »" , 14, !� City of La Quinta Project Understanding and Approach Proposal to Provide Construction Inspection The Construction Inspector will mark up a field blue line set of drawings to incorporate Contractor record drawing markups, prepare punch lists, coordinate and conduct the final inspection. Our Construction Inspector will assist with monthly progress payment recommendations by making measurements of bid items, checking the percent complete in the field, and assisting with Contractor meetings to resolve any differences in percent complete. In addition, our Construction Inspectors will document any special situations with digital photographs or video depending on what is most appropriate. Digital photographs will be taken on a regular basis to document the progress of the project, stored and provided to the City in digital format on a regular basis, or at.the close of the project along with all other digital data on compact disc. PSOMAS Project Understanding and Approach Page 3 Exhibit B Schedule of Compensation Payment shall be in conformance with Sections 2.0 COMPENSATION of the Agreement. ,.,E _ 1. ij b Exhibit C Schedule of Performance Consultant shall provide construction inspection services on a full-time basis for twenty-four (24) months beginning November 17, 2010 (initial term), and upon mutual agreement by both parties, the term of the agreement may be extended for up to two (2) one-year terms (extended term). Exhibit D Special Requirements 1. The consultant shall provide a hand held type cellular telephone and service compatible with the City's cellular phone service for each inspector assigned to the City at no additional cost 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 with 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 digital camera shall have "date back" capability and be 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 ensure that each inspector has successfully completed the "Coachella Valley Fugitive Dust Control Class" provided by the South Coast Air Quality Monitoring District (at no cost) and renewed every two years. The City shall not be charged for the inspector's time while attending the above training. 6. The consultant shall provide his own transportation to and from the designated work site. IS ae a 14 8 oo�i w ti CFI OF COUNCIL/RDA MEETING DATE: November 16, 2010 AGENDA CATEGORY: BUSINESS SESSION: _ ITEM TITLE: Denial of Claim for Damages Filed by: Alexis CONSENT CALENDAR: N. Lepe; Date of Loss - November 28, 2009 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Deny the Claims for Damages filed by Alexis N. Lepe; Date of Loss - November 28, 2009. FISCAL IMPLICATIONS: The total amount of the claim is $7,169. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Alexis N. Lepe, with a reported date of loss of November 28, 2009 (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. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Deny the Claim for Damages filed by Alexis N. Lepe, with a reported date of loss of November 28, 2009; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Bret M. Plumlee, Assistant City Manager - Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Lepe Claim for Damages on November 28, 2009 ��,.. 15 0 ATTACHMENT 1 APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM Pursuant to Section 911.4 THROUGH 912.2 of the Government Code -A -t TO: City of La Quinta City Clerk P,O. Box 1504 La Quinta, Ca. 92247 (760) 777-7103 Telephone r; y cn r1 —a 1, Alexis N. Lepe, hereby apply for Ieave to present a late claim for damages arising. from injuries which occurred on 11/28/09, and for which a claim was not presented within six months (for death, injury to personal property or person or crops), or one (1) year (any other cause of action), as. required by Section 911 .2 of the Government Code. ATTACHED TO THIS APPLICATION IS A PROPOSED CLAIM WHICH DESCRIBES THE INJURIES ,AND EXPLAINS HOW THEY OCCURRED. I UNDERSTAND THAT IF I DO NOT ATTACH A CLAIM TO THIS APPLICATION THAT THIS APPLICATION WILL NOT BE ACTED UPON BY THIS PUBLIC ENTITY. The reasons this claim is late are: I originally filed a claim in early December of 2009 I did not get a receipt or make a copy of the claim I am a Lance Corporal in the U.S. Marine Corps infantry division and was deployed, for the first time overseas on January 9 2010 I returned from deployment on July 11, 2010. I followed up on my claim only to find that there was no record of my original claim on file. I resubmitted my claim on S p ember 2 2010 and am requesting, a leave to present a claim as_I was physically unable to(re)file a claim due to my 6 month military deployment overseas. This application is being presented within a reasonable time after occurrence of these injuries, but not later than one (1) year from the date of the occurrence giving rise to the claim. WHEREFORE, I respectfully request that this application be granted pursuant to Government Code Section 911.6 and that the attached claim be received and acted on in accordance with Government Code Section 910 et seq. DATED: �/�` CLAIMANT SIGNATURE:/ ,l Alexis N. Lepe 79948 Morris Ave La Quinta, Ca 92253 Cell phone (760) 972-6348 Message phone (760) 345-4522 To Whom it may concern: 2010`iP 2 AFilIt. 051. CITY C-1 F L `.. CJ 11,TA GI1T`( C !.. F -RK'S 0FF101E if this claim does not qualify due to expiration of time frames, please consider it due to special circumstances. My original claim was filed in December, 2009. 1 did not think to make a copy or get a receipt when I submitted my claim. I am in the U.S. Marine Corps, and shortly after filing my claim I was deployed over seas. Upon my return, I followed up on my claim only to find out that there was no record of it being received. therefore, I am submitting this claim a second time. On 11/28/09 at 12:59 am, I was driving on Ave 50 in La Quinta when I collided with a tree that was blocking the road. I was injured and transported by ambulance to Desert Regional Medical Center for head injuries sustained in the collision. The collision caused such severe damage to my vehicle, it was considered a total loss. the damages were more than what I paid for the vehicle. My health insurance company was billed for the cost of the ambulance service, but denied. Therefore the ambulance cost of $2169, 1 am paying for out of pocket. My purchased my vehicle for $5000. The cost of the vehicle damages is $5500, The Kelly Blue Book value for my vehicle is $6900. Attached is the claim form, estimate report, Kelly Blue book printout, police report, and Ambulance Bill Please consider this claim due to special circumstances. Sincerely, Alexis N. Lepe r. j Rl?SIiRVIs I Ult DATE S`fAM1' Pll,l; WITH (,'ITY CL,I;RKS 011FI0 City of La Quinta h,0. Box 1504 La Quinta, CA 92.253 t.I.,AIM FOR DAMAGL",S `I'O PERSON OR PROP , RTY - INS'I'12UC'I'IONS I . Claims for dculh, inJury to IM"011 Or to personx al prol;rly must Ix; filed not later than six ntOntls afier the occurrence (6tw. Code §91 1.2) 2. (,aims flit damages ut real propaty mist be. filed not later than I Saar tiller t1c Occurrence. (tiov. ('t 91 1/?) ;. Read entire CUM ibr belitre filing. 1. Sec page 2 fin• diagram upon whie:h to locate place oi'ticcidcnf. j. '1'1tis claim form must lw si:,mcd on pa�c 2 all the lX 101 t. G. Attaeh separate sheets, if necessary, Ut give IuN details. SIGN FACII SHE,,. '1'0: (Name ol'City) La Quinta Name ot'(:lainlant Alexis N. Lepe I-lomc Address of Claimant City and State 79-948 Morris Ave La Quinta, Calif Business Addi-ess ofC:laimant City and state USMC 29 Palms, Calif Give address and Phone No. to which you (Icsire notices or communications to be Sent regarding this claim Birth Date nf('laimant: (')ccupatian of (:Tatman(: enlisted, LJSMC home Phone Of'Claimant: (760) 346-4522 t3usiness Phone of Claimant: Cell # (760) 972-6348 Claimant's social Security No.: _.. ' INitJRY of When did DAMAGE' or INJURY occtnf? Date:11/28/2009 `I'itlle:12:57AM If('lain, is litr 1,claitable Indemnity, give date claimant served with the complaint: Date: Nantes of any city employees lnvolvecl 11 t . DAMAGE. Where did DAMAGE'; or INJURY Occur-'? I)cscribe fulty, and locate on diagraan oil reverse side of this sheet. Where appropriate, give street names and address and measurements from landmarks. 50TH Ave (nearest cross street, Park Lane), La Quinta, Calif scribe in deal how the DAMA<il:: or INJURY occurred. iving on Ave 50 in La Quinta, at 401' 1ph due to winds and sand/dirt blowing and making it hard to see clearly, I was able to stop in time to avoid hitting a fallen tree that was blocking the road. you claim the City is responst Fallen tree is responsibility of the city (on city property) Describe in detail each INJURY or DAMAGE 5f'U I' \('I''' (()VIIR) I'1IIS CLAIM M(1S•I' BE SI(iNED <.1N RI;Vial A: SIDE an 11/28/2009 at approximately 12:57 am, while driving on Ave 50 in La Quinta, I unavoidably collided with a fallen tree ,hat was blocking the road. The injuries I sustained as the sole occupant in my vehicle was head injuries. I was transported to Regional Medical Center by the American Medical Response Anlbulanceservice, Whsurence has covered all ile in the ER, I received stitches to several locations on my head and was released later that day. Mymedical medical expenses except for the ambulance service. The out of pocket cost for the ambulance bill is $2169. Due to the damages sustained in the collision, my 1998 Toyota Celica GT was declared a total loss. I purchased my vehicle for $5000, the Kelley Blue Book value for my vehicle (fair condition) is $6920, and the cost of repairs to my vehicle was ']'he tunount claimed, as of the date Of presctltation of this Claim, is corlll)utell as follows: Damages incurred to date (EXACT): Estimated prospective damages as far its known: Damage to Property Expenses for medical and hospital care Loss of earnings Special damages for General damages Total damages incurred to date Total amount claimed as of date of presentation of trlis claim (suture expenses for medical and $ 5000,00 hospital care s 2169.00 Future loss of earnings $ Otrler prospective special damages S Prospective general damages Total estimated prospective damages s s S 7169.00 Was damage and/or injury investigated by polies. Yes If so what C'ity'? l-a Quinta/Riverside County Sheriff Dept \VIIere paramedics or an ambulance called? Yes If so, n.unc ,City o, <unbulancc American Medical Response If injured, state date; tinle; name and address of your initial wl'ITII',SSI:S to DAP4AGI: or INAMY: US( all persons and address ol'I, : , oil known (o have inti)rnrttion: 82-695 Dr Carreon Blvd. Indio, Calif 92201 I>Itoitc (760) 863-8990 Deputy Lun Address Nan ,C -I hone American Medical Response Address. File 55416 2, Los Angeles, Ca 90074-5416 _hhonv_ {800)424-6171 Nan- Nantc Address, DOCTOR AND I1OSPl"I'ALS: I tospit;tl Desert Regional Medical Center Address Doctor Address, Doctor Address 1150 N Indian Canyon Dr, Patin Springs, ca I)Ilone (760) 323-6511 Phoni; _.1'honc 12t AD CARE UtAN l or ail accident claims place on lbUowillo unll)e!rs ordistancestotsucct corners. gl Cc�i►y North, South, fliclle was ilvolvd� designate by. Indicate tfeI er lice by \ Auld by showm}, boost t ity "A" location of City Vehicle when yoll fiirs ; saw it, and by "B" location of location nse1C or )Ulurlveh vehicle at tile rtinle saw f(tile Vehicle: location of City vehicle at trt accident by "13-1" and the point of impact by "X" NOTE,'I1' diagrams helot+ do not 1 it the situation, attach hereto a proper diagram signed by claimant. LLL_==_ CURB 1'RRRwv m' stOEWALK 77 J/ Signature of Clai, lant o�pe rson tiling on his behalf giving relationship AlexiscN. Lepe CUR13 'R Date: 8/29/2010 10 Clan» tun. - ,,, ..,,. u_...._... _._.. NOTE,: (:'LAIMS MUS"I' 131? I>II,1,D WI"I'tI (11"1'Y (.I.XRK ((,,ON,. (;ode § 915a.) Presentation of a fstlsc claim is a Iclonv (Pen. Code $ 7 _. Estimate Report DATE - YEARMAiCE r �-:{ MODEL _ NAMEi�_ MILEAGE C � (� LICENSE NO. p ADDRESS T �y STATE Zip —i VIN NO. N PHONES / Q PHONE PROD. DATE �_AODY CODE PAIN DATE of LOSS CLAIM NO. INS. CO. ADDRESS D.O. ADJUSTER PHONE UC. NO• FILE NO. LABOR HOURS DETAILS OF REPAIti PARTS INDEX 1111,11, PARTS SUBLETAOSC. UNE RE RE -PI R = Repair S = Straighten�A;Aftermer ket N = New PRIC NO. PAW WACE = Renycla/Rechrome/l - m m =Used ii =Rebuilt e OLD PARTS.WILL BE DISCARDED UNLESS OTHERWISE INSTRUCTED 'TOTALS >OMETIMES AFTEA THE WORK HAS BEFtI STARTED. ADptTtONALI Y DAMALiEO OR WORN PARTS ARE NCWDOZC*ANY NHICH WEAE NOT EVIDENT ON PIRST INSPECTION, THlB DAMAGE REPORT DOES NOT o INVOICE. OR lNCLl7DE ANY L 1DDITiONAI PARTS OR LAMA WHICH MAY 8E A�OIRED. ALL PARTS PRICES ARE SUS Cr I O INVOICE AS O 1 hereby authorize the above work and acknowledge receipt of copy. R JUAN'S AUTO COLLISION 83-480 AVE. 45, ST. 15 INDIO, CA 92201 PHONE 760-863.5777 BODY h[s• PAINT hrs. 0 -- FRAME hm 0 ----I MECH hrs. 0 - �— PARTS Paces 600d to 1nvoloe SUBLET/ MISCELLANEOUS — Paint SupPlles— t)"l-'0 --- 50dy euppnw Towing / Storage SUB TOTAL .............. TAX %on $._......_------- EPA / waste Disposal Cherge WRITTEN B TU?Al- 1'998 Toyota Celica - Private Party Pricing Report - Kelley Blue Book Page 1 of 4 ... ....RU.".-•Y,:,: :,..n, .^r•••edri's.'A-IY.a..:......- :�., ; r Ke Blue Back VED RESOURCE THEIR S &Reviews Dealers .,Home ....New Cars Used Cars`. 'Research &Explore New as &I�V�i � ory a f Researcl Used Car Values I Search Used Car Listings I Certified Pre -Owned I Compare Vehicles ( Perfect C Recently Viewed welcome Back I Sign In I Create Account I My KBB ZIP Code: 92253 Hpjne > 115e4Ks. >24i% > ZQY.ota > rell�a > GT Convertible 21) 1998 Toyota Celica GT Convertible 2D Trade -In Value Private Party Value BLUE BOOK? -'PRIVATE PARTY VALUE Suggested Retail Value CPO Value Photo Gallery Compare Vehicles 14ew'- Blue Book Review Consumer Ratings Find Your Next Car More Photos Condition Value Excellent $8,195 Good $7,645 Fair $6,920 Specifications 1 ' SEARCH LOCAL LISTINGS a o Shopping Tools Free CARFAX Record Check Auto Loan from 4.24% APR Get your Credit Score Now Get a Free insurance Quote Payment Calculator Extended Warranty Quote Print For Sale Sign BUY A USED (AR On Blue Book ciasslfiedsjp1 Toyota Celica So Miles ' Near ZIP 92253 To View Ads, Click ivrni s'«• Free CARFAX Record Check VIN: No VIN? No Problem! powered by M.• M�nW j.1fl•� E3S —%, iehi, r.nm/KBB/'UsedCars/P icingReport.aspx?Yearld=1998&Mileage-76000... 12/18/2009 Riverside Sheriff Department - Indio Station 82-695 Dr. Carreon Blvd. Indio, CA. 92201 Notice of Stored or Impounded Vehicle Date Printed: 12/1/2009 Legal Owner(s): Registered Owner(s): ALEXIS LEPE 79948 MORRIS AVE LA QUINTA CA 92253 Date Towed: 11/28/2009 File Number: LA093320008 �fcensc P1afe7V'13�: 6HSIt"6 - Description: 1998 Toyota Celica Black Authority: 226519 V.C. - Driver injuried or incapacitated. CA. 92201 760.347-5068 Tow Company: Classic Tow 84-255 Cabaaon Rd Indio The vehicle identified here, registered in your name, was stored/impounded pursuant to the provisions of the California Vehicle Code by our agency. e legality of this storage. If You cjloose Under the provisions of Section 22852V.C., YOU may request requhe est a g injwriting, g to in personrmine , or by telephone at the offiicidentified to contest tilt legality of this storage, you as the Storing Agency on this form. The vehicle storage hearing is an informal process to determine whether or not a vcitic c was stored legally. s notice. if you Your request for a hearing must be received wtth,udin (weekends and hotidays) days from the date oYour failure to requ slot attend ahearing, scheduled be conducted within 48 hours of the request, exc g hearing shall satisfy the Post -Storage Validity requirements of Section 22852 V.C. onsible for tilt If the hearing determines the stoif th►g vehicle is no unlawful, tile storing owned bgency you, plelaseecontact the Storing Agcncy�d storage charges. If you have any questions, Vehicle Impound Cost Recovery Fee (V.I.C,R.) In accordance with the California Vehicle Code (22850.5) a fee must be paid to the County of Riverside, City of Coachella, or City of La Quinta on specified types of vehicle storages. This fee is.in addition to whatever fees due to the Tow Company as a ss ffice during -normal result of the towing/storage of the vehicle. This On weekendspaid or after hours, sherfees may be paid to the storage facility whStation Busine ere (tours (Monday - Friday 8:00 a.m. - 5:00 p. ) the vehicle is stored if the vehicic is eligible for release a and this viel�cte storage. Pf of current ea registration payable nn cash c my provided. cheeks Please sec section below to determine which fee (if any) applies credit/debit cards will be accepted. 7 $88.00 - G,gneral Vehicle Storage/Impound Release Fee (Riverside County). �... + general Vehicle Storage/Impound Release Feo (La Quinta or Coachella /A. -Cost Recovery Fee does not apittY to this vehicle storage or impound. Mailing Address: Indio Sheriff Station 82-695 Dr. Carreon Blvd. Indio, CA. 92201 $TATE OF ` NUME KAU 0 o AVE 50 A PAGE 1 Of 5 TORT WDlcul asTRwT GER F78LOW'Y °R`' DESERT LA093320008 ZA QUINTA MT a lRt REPOMING DISTRICT SLAT VERSIDE DAY YEAR TtMen -- s OFFMo.IOERR.D. 1112812009 0056 3300 4506 a. er weaR r AWAv Duo ocRA AY• Iw,.e SatUrday rYES rNo gGTwALTON(CQLUR) T OF PeET I BTA R 0 : AT INTERSECTION LNTH H YES: NO OR FEET OF PARK AV MAZE/MODEL1eaoR LICFNSENRRMRER a A ,RTY tVIDYBUCENSENUMSER STATE CLASS BAc SAFEIYEOUR'• `' .'^� TOYOTA CELICA BLACK 6I'ISR645 CA 1 CA C M G 19. .............. RMR NAME (FIRST. WDOwSAAST) PF ALEXIS NICOLAS LEPE rOX 6 WTAOORS82 vim 79948 MORRIS AVENUE MRIeO ORYISTATEIZIP F LA QUINTA Y.�( HAGt on HEmw M SLK SRO 5'03" 150 ITHER HOME PI.10t✓E (760) 972-6348 INSuRANCE CARRIER PROGRESSIVE INSURANCE 111111I.SIR. OF -m fET OR HI ~Y wi AVE 50 DRIVER HAME.(FIRST. MIDDLE, LAST) r. T S• g AODRE68 TRMN PARKED I CRY/ STATE 1 ZIP OYmewl NAME .. SANE AS ORIVER OWNER'S ADORf1S5 Xi SAME AS ORIVLR DW0SAION;;;1-4CfIfl ON ADERSOF: I OffKMK I_.: oRmEa OTHER CA 92263 DAB RAC Classic Towing H PRIOR MEOKMNIWI OEFEOTS: NONEAPPAREfR i RJR TO WJ MTIVL vDaug iDkNnt woN NUMBER: JTV BUSINESS PHONE ��g'��IS VEHICL£TYPe UNK .NONE )MINOR 01 PDUCYNVM00t 60571861-0 SPeeO LIMIT OPT G .--••-----�^—""'—' -An CAl-T TOPPSO cuAe 81ATB THER HOMe PHONE -- - - BUSINESS WLoNe r INSURANCE DARRIEA POLICY NUMBER I A NAME (PiWT, MIDDLE. LAST) r AES BTAEETAODRE88 AIMI VRJ CITYI STATE 121P THER HOME PHONE BUSINESS PHONE r INSURANCE CARRIER POLICY NUMBER LUN,JOHNATHAN,4506 O,S NAIAe .. SAM�O11-11�� ONMF.A•S ADDRESS .. _ SAME AS ORIVBR DISPOSmoN of VEHICLE ON ORDERS OP: , _ , : OFFYCeR ORNER OTHER PRIOR MCCNAtNCAL• DEFECTS: NONSAPPARENT -,REMTONARRATIVe VEHICIS 10VOIflMAT10N NUMIM; VEHICLfi TYPE tN1Al11oE BE NONE tMNNOR UNx MOD rm'OR r.ROLI- '...i OVER G DOT CK.T TCPfiSG - __----MC✓Mx „� _NlSr1EER STATE OY,M@R'S NAME SAME AB DRryeR OYMER•S ADORESB SAME AS DRIVER OFFICER :DRIVER OTHeR DISPOSITION OF VEHICLE ON ORDERS OFI: .. PRIOR MECKMVIM OEFEOTS: HONEAOPARENT ; ttBFGRTONMRATIVe VEHICLE IOfht11FIWTLON NUMBER: OAMAO VEHICtLE TYf+E _ 'UNK NONE MINOR moo rr G ._ ........_ __.._. _ :COPY::�..,_'e CALT _TOPIpQC: rwA J. COVfNGTON, CPL 3340 l2tV}2009 STATE OF CALIFQRNIA TRAFFIC. -COLLISION CODING PAGE 2 OF 5 yes I : NO PIROKRTY DAMAOE DESCRM71aN INATTENTION CODE SAFETY EQUIPMENT A'ce!'( NeR��fREE SEATING POSITION ��rl,(pANTS A - NONt: IN VCHtGt.L' L •All: BAO GGPLOVCO M-AIR BAG NOT DEPLOYED ur_r. tGYGtE� `�`-I►ASSENGER DRIVER R' C• PHOH C . ELECTRONIC EMPMENT B • UNKNOWN C • LAP BELT USED N -OTHER p . NOT REQUIRED V. NO x• NO W . YES Y -YES 0 . RADIO I CD E - SMOKING Z '� 1 - DRIVER 2 TO 8 PASSENGERS O • SHOULDER SELT NOT USED E. SHOULDER HARNESS USED �3� ,,seen e W veW= F •EATING a . q 5 6 T - STN. WAGON REAR 8 _ RR OCC. TRK OR VAN p . SHOULDER HARNESS NOT USED 0. LAP I SHOULDER HARNESS USED 0 AN VEHICLE USED R.IN VEHICLE NOT USED p .NOT EJECTED O . i . FULLY EJECTED ANILDREN H . ANIhV1t8 MALS I . PERSONAL HYGIENE i 9 . POSITION UNKNOWN H . LAP I SHOULDER HARNM NOT USED S .IN VEHICLE USE UNKNOWN IMPROPER USE 2 . PARTIALLY EJECTED J . READING K - OTHER o - OTHER J . PASSIVE RESTRAINT USED T -IN VEHICLE a . UNKNOWN _M K -PASSIVE RESTRAINT NOt USED U. NONEIHICLE- ,,,..�e� .... ■ E ttRAT1VE r .... OF Cited NO Cited " f%T.. E )ARKP.D MV7V" Vr-ntvt.c . STREET S S F »AIM 8 VC SpCTION VtOLATtON: Gtetl . At0 REGHTS G BICYCLE SOt3R1ETY - DF . STRt:ET S NOT 0 BIC7C • C VC SECTION VIOLAT10 - Cited 2 3 _PHYSICAL rw w t OADWAY CONDITION (MARK 1 TO 2 ITEMS) IN ROADWAY INTERSECTION K vtravn..:--.••-- Cited :ROSStN( IN CROSSWALK NOT INTERSECTION �ROBSING • NOT IN CROSSWALK L UNINVOLVED VBHtCLE ettlneo.INCLUDE gHOULOER M OTHERe____..•,� ---------------- AVENUE 50 :i •�• 1�� «fir ,.� �: PAGE 3 Of 5 OU 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 SPATE OF CAUFORNIA NARRATNFJSUPP LEMENTAL Points of Rest (POR): V-1 See Deputy Frederick's report. Physical Evidence: A) See Deputy Frederick's report. physical Evidence Placement: A) See Deputy Frederick's report. Noti- ficatao�a: i was dispatched this major injury traffic collision at 0059 hours. Responding from Washington Street and Miles Avenue, I arrived on scene at 0104 hours. All times, speeds and measurements are approximate. Scene: Avenue 50 travels in an east/westerly direction within the City of La Quinta. Avenue 50 consists of two travel (2) lanes an each direction, divided by a raised center median. it is comprised primarily of an asphalt -cement material. Parties: D- Lee was found outside of his vehicle at the scene. He was identified as the driver (E2062319).v(At the Celica) via his statements. He was identified by a valid California Drivers License scene, Paramedics stated D-1 (Lope) was determined to sustain several lacerations to the head. D-1's blood was located all over the center console and outside on the center median where D-1 was sitting. V-1 (Toyota Celica) was located on -its wheels within the roadway. It had sustained major damage due to the collision with the tree in the roadway. The vehicle sustained a deep gouge running from the front of the hood to the windshield. The windshield was shattered and the convertible top was ripped and partially torn off. Statements: D-1 Lee See Deputy Miller's report. W-1 (Knudsen) stated he did not see D-1 collide into the tree but witnessed D-1's vehicle traveling about 5 mph westbound on Avenue 50, and eventually came to rest at the intersection of Avenue 50 and Park Avenue. W-1 stated he only saw the driver (Lope) as the only occupant in the car. _.L V J. 3OF CALIFORNIA NAR AMVE1SUPPLEMENTAL Date of 1"Went/ ocurrenoe .Time 2400) 3300 4506 LA083S20008 11/2812009 0066 46 Summa : 47 hicle 48 D-1 (Lepe) was traveling westbound in the #1 laneAvenue 1 collided intto the tree in. the roadway. The 49 passed Orchard Lane, D-1 saw an object m the roadway. 50 tree had fallen down from the center median and landed to travel westboound on Averse 50. V-1und lanes of Avenue 0came to 51 impact, D-1, lost consciousness as his vehicle continue 52 rest as the vehicle collided into the center median at the intersection of Avenue 50 and Park Avenue. D-1 53 incurred lacerations to the bead. 54 55 Area of Imtp ct (AO : 56 57 See Deputy Frederick's report. 58 59 Cause. 60 61 Pending 62 63 Recommendations: 64 65 None. 66 .4 r% ATC DR RD A iz m. D��REPO �� RjvgAqjDE COUNTY SHERIFF CA033000 INITIAL 0 SUPPLEMENTAL VICTIM — REPORTING PARTY — WITNESS — OTHER: 0 See Additional Persons R*PoTt 151;6M Iddle) �SEX 4. RAaCS DOD i, 1111111 li'T. . ... — m Ve. SUSPECT: 0 Adult 0 Juvenile [] Parole 0 Probation [3 See Additional Persons Report L-j A4VMJk0 I "m TATTOOS /SCAI Gang Name(s): OMember nAssociate [] Self Admit OPriorKnowledge TATTOOS/SCARS C]Fac,c C3Nock [3R.Arm E31-Arm [3Hands ©Torso E313ack C3 Legs F0 omm Tn MP 1110 FORM FOR STOLEN, RBC0yFREDj TONYel) OR IMPOUND El PROPERTY REPORT ATTACUE) FOR SWUN, RFkOVEREij, OR DAMAGED PROPERTY tww i AL a .'. fYN -4 PAGE OF PERSONS REPORT RIVERSIDE COUNTY SHERIFF CA0330000 INITIAL UppLEMENTAL LA093320008 VICTIM REPORTING PARTY — WITNESS — OTHER., F11. OTH SGT..Walton M'. .- Riverside Sheriffs Department Indio I "' "u," ic 10TH Deputy Miller tity Miller —T�erlrs Department Indio Riverside 92201 160.g63.8110 92201 1 760•8W990 ------------ .......... a>" SPRINGS AMBULANCE FILE 55419 2 LOS ANGELES, CA 90074-5416 (800) 424-6171 February 17, 2010 *********MIXED AADC 913 AAD F0370948 Acct: 549416 Alexis Lepe 79948 Morris Ave La Quinta, CA 92253-4026 RE: Ticket No.: F0370948 Date of Service: 11/28/09 ~- ......... . Bat"anc'e'"This 'Ticket: 2;'169:00 Dear Mr. Lepe, Thank you for your cooperation regarding payment on your account. This letter is to confirm our conversation of 02/12/10, in which you agreed to pay 2,169.00 in the installments indicated below: 197.00 BY 02/25/10 197.00 BY BY 08/25/10 09/25/10 197.00 BY 03/25/10 197.00 197.00 BY 10/25/10 197.00 BY 04/25/10 197.00 BY 11/25/10 197.00 BY 05/25/10 199.00 BY 12/25/10 197.00 BY 06/25/10 197.00 BY 07/25/10 Return this letter with your signature and your first payment to start your installment plan. any questions. Misunderstandings are Please call me if you have ications..;........... .... ............av'oded....t.hrau• .h...good�._..� Date:— Signature: Sincerely, ceitivl aF sepQ"berw COUNCIL/RDA MEETING DATE: November 16, 2010 ITEM TITLE: Approval of a Professional Services Agreement with Albert A Webb Associates to Prepare the Plans, Specifications and Engineer's Estimate of Probable Construction Costs for Combined Projects Washington Street Dual Left Turn at Avenue 48, Project Number 2010-06, and Washington Street Dedicated Right Turn Lane at Eisenhower Drive, Project Number 2010-09 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA) (Attachment 1) with Albert A. Webb Associates, in the amount of $70,696, to prepare the plans, specifications and engineer's estimate (PS&E) for the combined projects Washington Street dual left turn at Avenue 48, Project Number 2010-06 and Washington Street dedicated right turn lane at Eisenhower Drive, Project Number 2010-09 (Attachment 2) and authorize City Manager to execute the Agreement. FISCAL IMPLICATIONS: The following is the approved funding and funding sources: RDA Project Area Number 2 (Project Number 2010-06) $333,763 Developer Contribution (Project Number 2010-06) $1 1 1,255 RDA Project Area Number 2 (Project Number 2010-09) $130,414 Total Funding Available: $575,432 The following is the anticipated project budget: Design: $70,696 Inspection/Testing/Survey: $40,741 Construction: $417,850 Contingency: $46,145 Total: $575,432 Adequate funding is available to support staff's recommendation. In December 2008, the City of La Quinta received $610,888 from the Local Proposition 1 B Streets and Roads Program. The City Council assigned this one- time funding toward the Washington Street Widening Improvements, Project Number 2008-18. Due to a number of factors, the Washington Street Widening Improvements came in at a much lower cost than originally anticipated. While staff is still in the final close out process for the project, it is expected that approximately $400,000 of the Proposition 1 B Streets and Roads Program funding will be available to supplement the project budget for the two turn lane improvements discussed in this staff report. Shifting the residual Proposition 1 B funding to these improvements will likely result in the saving of a portion of the Redevelopment Agency (RDA) Project Area Number 2 funding currently assigned to this project. Staff will present specific funding recommendations when the City Council considers the PS&E for the proposed turn lane improvements on Washington Street.. CHARTER CITY IMPLICATIONS: The project is at least partially funded with RDA project area funds. As such, the project will be bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The improvements at Washington Street and Avenue 48 will widen the southbound lanes of Washington Street to accommodate a dual left turn pocket from southbound Washington Street onto eastbound Avenue 48. Widening Washington Street will require new curb and gutter, new meandering sidewalk and Americans with Disabilities Act (ADA) compliant access ramps, utility relocation, signal modification, and striping and signing. Other improvements at this intersection include relocation of the existing pedestrian crosswalk from the south side of the intersection to the north side, and re -striping Avenue 48 to include triple left turns onto southbound Washington Street. The improvements at Washington Street and Eisenhower Drive will consider the installation of either a dedicated right turn lane or a free right turn lane from southbound Washington Street onto westbound Eisenhower Drive, and include new curb and gutter, new meandering sidewalk and an ADA compliant access ramp, signal modification, and signing and striping. Construction of these improvements may require additional right-of-way. Due to the similar scope and nature of these two projects, staff is recommending the projects be combined into one engineering effort, and possibly one construction effort, in an attempt to realize economies of scale cost savings. 00M.rU I b On April 20, 2010, the City Council adopted a Resolution approving the Fiscal Year 2010-2011 through 2014-2015 Capital Improvement Program (CIP) and making certain findings pursuant to health and safety code section 33445(a), and consenting to the use of La Quinta Redevelopment Agency funding for the improvements identified in the CIP. Both the Washington Street dual left turn at Avenue 48 and Washington Street dedicated right turn lane at Eisenhower Drive projects are included within the adopted CIP and scheduled for funding during Fiscal Year 2010-201 1 . The RDA Board adopted findings under Health and Safety Code Section 33445(a) relating to these improvements on April 20, 2010. On August 3, 2010, the City Council approved a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) for the combined projects Washington Street dual left turn at Avenue 48, Project Number 2010-06 and Washington Street dedicated right turn lane at Eisenhower Drive, Project Number 2010-09. On September 2, 2010, the City received nineteen (19) proposals for the design of Washington Street dual left turn at Avenue 48 and Washington Street dedicated right turn lane at Eisenhower Drive. Following its review, the consultant selection committee unanimously recommends Albert A. Webb Associates be awarded a PSA to prepare the PS&E for the Washington Street dual left turn at Avenue 48 and Washington Street dedicated right turn lane at Eisenhower Drive improvements. Contingent upon City Council approval of a PSA with Albert A. Webb Associates on November 16, 2010, the following is the anticipated project schedule: City Council Approves PSA November 16, 2010 Project Design (6 months) November 2010 - May 2011 City Council Considers PS&E May 2011 City Council Considers Construction Award July 2011 Construction August - December 2011 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a PSA with Albert A. Webb Associates, in the amount of $70,696, to prepare the PS&E for the combined projects Washington Street dual left turn at Avenue 48, Project Number 2010-06 and Washington Street dedicated right turn lane at Eisenhower Drive, Project Number 2010-09 and authorize City Manager to execute the Agreement; or 2. Do not approve a PSA with Albert A. Webb Associates, in the amount of $70,696, to prepare the PS&E for the combined projects Washington Street dual left turn at Avenue 48, Project Number 2010-06 and Washington Street dedicated right turn lane at Eisenhower Drive, Project Number 2010-09; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. J na son, Public Works Director/ ity Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Professional Services Agreement (PSA) 2. Vicinity Map ttt" .0 1 V J ATTACHMENT 1 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 Albert A. Webb Associates ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to the Washington Street Dual Left Turn Lane at Avenue 48, Project No. 2010-06 and the Washington Street Dedicated Right Turn Lane at Eisenhower Drive, Project No. 2010-09, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). Last revised 9-23-10 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 ("Additional Services") when directed to do so by the Contract Officer. Consultant shall not perform any Additional Services until receiving prior written authorization from the Contract Officer. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforeceable. Failure of Consultant to secure the Contract Manager's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time due, whether by way of compensation, restitution, quantum meruit, etc. for Additional Services provided without the appropriate authorization from the Contract Manager. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.2 of this Agreement. 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. Last revised 9-23-10 2 [. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Seventy Thousand, Six Hundred Ninety -Six Dollars ($70,696) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional Services." 2.2 Compensation for Additional Services. Additional services approved in advance by the Contract Manager pursuant to Section 1.6 of this Agreement, "Additional Services," shall be paid for in an amount agreed to in writing by both City and Consultant in advance of the Additional Services being rendered by Consultant. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for additional services must be approved by the La Quinta City Council. Under no circumstances shall Consultant receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1 .6 of this Agreement. 2.3 Method of Billing. 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. Last revised 9-23-10 3 40«.l? J, 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 Exhibit "C" (the specified in the Contract Officer. be performed diligently and within the time period established in "Schedule of Performance"). Extensions to the time period Schedule of Performance may be approved in writing by the 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. Extensions to the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Consultant to additional compensation in excess of the Contract Sum. 3.4 Term. The term of this agreement shall commence on November 17, 2010 and terminate on July 31, 2011 (initial term). This agreement may be extended upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Bruce A. Davis, P.E., Vice -President, Principal -In -Charge b. Dilesh Sheth, P.E., T.E., Project Manager Last revised9-23-10 4 "^+�' It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, P.E., Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 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. Last revised 9-23-10 5 fI 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 Last revised 9-23-10 6 6..,u 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. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. General Indemnification 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 Last revised 9-23-10 7gj the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. Last revised 9-23-10 8 +...t 1 1 1 b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Last revised 9-23-10 (( p 1 9,d- Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1 . Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be Last revised 9-23-10 10 rra �i. delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such Last revised 9-23-10 11 "04.0 " change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. Last revised 9-23-10 12 �� ,4 1 i '� I 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. Last revised 9-23-10 13 ..„r ,� j �j U 2 In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.7. 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. Last revised 9-23-10 14 )) 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. Last revised 9-23-10 15 'pee •lf : , U 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. Last revised 9-23-10 16 "'•'� �` To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: ALBERT A. WEBB ASSOCIATES Attention: Bruce A. Davis, P.E. Vice President 36-951 Cook Street, Suite 103 Palm Desert, CA 92211 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. Last revised 9-23-10 1 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: ALBERT A. WEBB ASSOCIATES IN Name: Bruce A. Davis, P.E. Title: Vice President Date: r '� f4y ♦� Last revised 9-23-10 18 � • d Exhibit A Scope of Services Consultant will perform the tasks necessary to prepare the plans, specifications, and engineer's estimate (PS&E) for the combined projects known as the Washington Street Dual Left Turn Lane at Avenue 48, Project No. 2010-06 and the Washington Street Dedicated Right Turn Lane at Eisenhower Drive, Project No. 2010-09. Consultants shall perform it's work in accordance with the scope of work, dated October 25, 2010, attached and made a part hereof. Last revised 9-23-10 19 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.2 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement is Seventy Thousand, Six Hundred Ninety -Six Dollars ($ 70,696) ("Contract Sum"). The Contract Sum shall be paid to Consultant in installment payments made on a monthly basis and in an amount identified in Consultants Schedule of Compensation attached hereto for the work tasks performed and properly invoiced by Consultant in conformance with Section 2.2 of the Agreement. Consultant's fee shall be paid on the following basis: Design Services shall be paid on a "Fixed Fee Basis" NTE $57,108 Post Design Services shall be paid on a "Time and Materials Basis" NTE $4,476 Optional Services shall be paid on a "Fixed Fee Basis" NTE $9,1 12 Consultant shall not initiate any optional services without written authorization from the Contract Officer. Last revised 9-23-10 20 Exhibit C Schedule of Performance Consultant shall complete all services identified in the Scope of Services, Exhibit "A" of this Agreement in accordance with the attached Project Schedule, attached hereto and incorporated herein by this reference. Last revised 9-23-10 21 Exhibit D Special Requirements None. Last revised 9-23-10 22 N Legend I City Limit �• , VICINITY MAP CITY COUNCIL MEETING: November 16, 2010 ATTACHMENT 2 ITEM TITLE: Approval of a Professional Services Agreement with Albert A. Webb Associates to Prepare the Plans, Specifications and Engineer's Estimate of Probable Construction Costs for Combined Projects Washington Street Dual Left Turn at Avenue 48, Project Number 2010-06, and Washington Street Dedicated Right Turn Lane at Eisenhower Drive, Project Number 2010-09 APPLICANT: Timothy R. Jonasson, P.E., Public Work§ [Ar�ctor/City Engineer T4'yl 4 4 Q"K& COUNCIL/RDA MEETING DATE: November 16, 2010 ITEM TITLE: Consideration of Formation and Appointment of Two Members to an Ad Hoc Committee to Review the 2"d Quarter Grant Requests RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: As part of the 2010-201 1 Fiscal Year Budget, the City Council allocated $100,000 to fund Community Services Grants. If the City Council would like to have the grant applications reviewed by a committee before they are presented to the City Council, staff would recommend the formation of an Ad Hoc Committee comprised of two City Council members. This Ad Hoc Committee would review and recommend the 2"d Quarter grants to City Council on December 7, 2010. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Establish an Ad Hoc Committee to consider 2"1 Quarter Grant Requests and to appoint two City Council members to serve; or 2. Do not establish an Ad Hoc Committee to consider 2"d Quarter Grant Requests and to appoint two City Council members to serve; or 3. Provide staff with alternative direction. "'" - 13 Respectf�liy submitted, Edie Hyltdn Community Services Director Approved for submission by: Thomas P. Genovese, City Manager COUNCIL/RDA MEETING DATE: November 16, 2010 ITEM TITLE: Consideration of a Resolution to Extend the Time for Completion of the On -Site and Off -Site Improvements for Tract Map No. 32879, Griffin Ranch, Griffin Ranch, LLC and McComic-Griffin, LLC RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Griffin Ranch (Tract Map No. 32879) is located south of Avenue 54, north of Airport Boulevard, east of Madison Street, and west of Monroe Street (Attachment 1). On January 16, 2006, the City and Griffin Ranch, LLC and McComic-Griffin, LLC entered into a Subdivision Improvement Agreement (SIA) for Griffin Ranch. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the improvements. " On April 3, 2007, the City Council adopted resolutions granting a time extension for the completion of the on- site and off -site improvements as specified in the approved SIAs to September 16, 2008. On December 2, 2008, the City Council adopted resolutions granting a second time extension for the completion of the on -site and off -site improvements as specified in the approved SIAs to September 16, 2009. On November 3, 2009, the City Council adopted resolutions granting a third time extension for the completion of the on -site and off -site improvements as specified in the approved SIAs to September 16, 2010. In a letter dated October 19, 2010 (Attachment 2), the developer states that its lender, Amtrust, was taken over by the FDIC in December of 2009. The FDIC sold a forty percent interest in the Amtrust loan portfolio to a third party who is now acting as the asset manager. The developer has indicated that it has met the new asset manager on site and is working with the new manager towards moving this project forward. The remaining on -site improvements include the installation of the entrance gate on Avenue 54 and the completion of the grading, paving, storm drain, sewer, water, and landscaping improvements for the easterly half of the property. To date, none of the homes in the easterly half of the property have been constructed. Therefore, the construction of this supporting infrastructure may not be critical until such time as these homes are constructed. The remaining off -site improvements include the completion of the multi -purpose trail, sidewalk, and perimeter landscaping by the entrance area on Avenue 54, which is currently being used as a construction entrance. The sidewalk and the parkway landscaping in front of the Mery Griffin home also need to be completed. The developer requests a time extension to September 16, 2011 for completion of the on -site and off -site improvements. Staff has prepared the attached resolutions which provide for approval of the fourth time extension of the SIAs. The Griffin Ranch Homeowners Association (HOA) has filed a lawsuit against the surety for the developer (Insurance Company of the West) relating to the developer's failure to complete certain on -site improvements, including the clubhouse. Those improvements are not covered by the bonds that the City is holding. The HOA's case is Riverside County Superior Court Case Number INC 10004020, entitled Griffin Ranch Homeowners Association versus Insurance Company of the West. The surety has filed a cross -complaint against the developer. A city staff member has received a subpoena for a deposition in the matter. The City notified the HOA of the developer's request for an extension and that the request would be considered by the City Council at the November 16" City Council meeting. The City has received a letter from Mr. Allen Katz, a member of the Board of Directors of the HOA (Attachment 3). The HOA opposes the extension request. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council with regard to the on -site improvements include: Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved SIA to September 16, 2011 for Tract Map No. 32879, Griffin Ranch; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements time as specified in the approved SIA to September 16, 2011 for Tract Map No. 32879, Griffin Ranch; or 3. Provide staff with alternative direction with respect to the on -site improvements; The alternatives available to the City Council with regard to the off -site improvements include: 1 . Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved SIA to September 16, 2011 for Tract Map No. 32879, Griffin Ranch; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the off -site improvements time as specified in the approved SIA to September 16, 2011 for Tract Map No. 32879, Griffin Ranch; or 3. Provide staff with alternative direction with respect to the off -site improvements. Respectfully submitted, othy R. o ass , P.E. Public Works irec r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Trans West Housing dated October 19, 2010 3. Letter from Allen Katz dated November 6, 2010 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO SEPTEMBER 16, 2011 FOR TRACT MAP NO. 32879, GRIFFIN RANCH. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 32879, Griffin Ranch, on January 16, 2006; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by September 16, 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 September 16, 2011. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on September 16, 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. Resolution No. 2010- Tract Map No. 32879, Griffin Ranch Adopted: November 16, 2010 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of November 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO SEPTEMBER 16, 2011 FOR TRACT MAP NO. 32879, GRIFFIN RANCH. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 32879, Griffin Ranch, on January 16, 2006; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by September 16, 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 off -site improvements as required by the approved SIA is extended to September 16, 2011. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on September 16, 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. Resolution No. 2010- Tract Map No. 32879, Griffin Ranch Adopted: November 16, 2010 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16"' day of November 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT 1 w w V) z 0 U) n Q TM 32879 GRIFFIN RANCH w w AVENUE 54 w 0 z 0 m AIRPORT I BLVD F-- w r- w cn LnO 0V) cn VICINITY MAP NOT TO SCALE z 0 cn Y V 4- ,a ATTACHMENT 2 RECEIVED TRANS October 19a`, 2010 T HOUSI OCT 2 12010 LIC WORKS Recum Timothy R. Jonasson, P.E. City of La Quinta OCT 2 2 2010 Public Works Director/City Engineer 78-495 Calle Tampico 04V4ftPnMt Serves La Quinta, CA 92253 RE: Notice of Default Letter — Tract 32879, Griffin Ranch Dear Mr. Jonasson: I am in receipt of your October 140' Notice of Default letter regard the Griffin Ranch (GR) project (tract 32879). I have been in contact with Ed Wimmer, Andrew Mogensen and Amy Yu on multiple occasions over the past year regarding the Griffin Ranch project. TWH has responded to every request the city has issued. Despite the tough economic conditions that exist, Trans West Housing (TWH) has continued to work with the city and maintain the Griffin Ranch project over these past few years. Our lender, Amtrust, was taken over by the FDIC in December. Trans West continued to work with the FDIC during its receivership to keep the project moving forward. While the FDIC was not completely uncooperative, they were also not very helpful. In July, the FDIC sold a forty percent interest in the entire Amtrust loan portfolio to a third party that is now acting as the asset manager. We are now working with this new manager to formulate a plan to move the project forward. We met with them last week on site for over four hours discussing the best ways to move the project forward. The improvements in question at GR are all within the property boundaries of the project but away from the existing units. The existing homeowners have two points of egress as it stands. There are over 150 finished and vacant lots (not counting the partially completed ones) inside of Griffin at this time. Forcing us to improve the remaining lots at this time will drastically hinder our ability to get this project moving back in the right direction. The immediate need is to get the clubhouse started which we are working on with the new manager. Adding an additional $2MM+ in costs that are not needed for some time creates and economic burden on the project that will not be helpful. Calling the bonds for these improvements would initiate a costly and unnecessary legal battle between us and the bond company and would most likely force us to put the project into a Chapter 11 bankruptcy. Please accept this letter as a formal request for a 12 month extension of time to complete the improvements. I will be happy to meet with you and the city staff at your convenience to discuss this issue. Sincerely, Chris McComic Vice President 3639 Midway Drive San Diego, CA 92110 suite B 319 (619) 843-3049 Fax (858) 348-3216 cmccomicAtranswesthousing.com 11/05/2010 20:17 7609724068 A. KATZ f R. COOPER PAGE 01/02 ATTACHMENT 3 Allen M. Katz via fax and US Mail Timothy R. Jonasson, PE City of La Quinta Public Works Director/City Engineer 78-495 Calle Tampico La Quinta, CA 92253 Re: Griffin Ranch, Tract 32879 Dear Mr. Janasson: 54-315 Affirmed Court La Quinta, CA 92253 (760)972-4068 (213)999-0534(cell) allenkatz@yahoo.com November 6, 2010 I am a member of the Board of Directors of the Griffin Ranch Homeowners Association (HOA). I am writing on behalf of the HOA to oppose the request of Trans West Housing for an extension of time to complete improvements, which request was made by letter dated October 29, 2010 from Chris McComic. We understand that this matter will be considered by the City Council on November 16. Homeowners at Griffin Ranch were promised that a clubhouse and related amenities (dining facility, tennis courts, pool) would be completed by March 2009, as set forth in a Planned Construction Statement filed with the Department of Real Estate, secured by a bond of approximately $6.3 million issued by Insurance Company of the West (ICW). Despite repeated assurances from Trans West in 2009 and 2010 that it was working hard to get the clubhouse built, Trans West never started those facilities, forcing the HOA to file a lawsuit against ICW to collect on the bond. In that lawsuit, ICW has filed a cross -complaint for indemnity against Trans West. When homeowners purchased homes at Griffin Ranch, Trans West subsidized the HOA budget, so that HOA dues were approximately $340/month. Effective March 31, 2010, Trans West ended that subsidy. In the same time frame, Trans West relinquished majority control of the Board of Directors to persons elected by the homeowners. As a result of Trans West's decision to end the subsidy, the HOA was forced to adopt an emergency dues increase to the current level of approximately $700/month — for a development with no common amenities other than a guard gate. Since April, the sales office has been closed, all Trans West 11/05/2010 20:17 7609724068 A. KATZ / R. COOPER PAGE 02/02 maintenance and sales personnel at Griffin Ranch have been let go, unsold uncompleted homes have not been maintained, and landscaped areas around the sales office have been allowed to die or go to seed_ A new investor (Oaktree Capital Management LLC) purchased a substantial interest in the development from the FDIC in 2010, and has appointed a management company (MARC) for the investment. Despite Mr. McComic's statements that he is working on getting the clubhouse started with the new manager, and that he is working with the new manager to formulate a plan to move the project forward, the HOA has seen no evidence whatsoever that such is the case. I have spoken several times to representatives of Oaktree and MARC, and they have never stated that a decision has been made to proceed with the project using Trans West as the builder. Instead, I was told that the new investor and manager are keeping all their options open. The HOA has received information that other builders have been considered for the project. The HOA recognized the handwriting on the wall when it made the decision to proceed with its lawsuit on the bond for the clubhouse and related amenities. If the City likewise elects to pursue its rights on the bonds issued to protect the City, perhaps the City's claims and the HOA's claims can be coordinated or consolidated, thereby avoiding duplicative litigation expense. The HOA is also concerned that, if the City grants Trans West a 12-month extension, Trans West will use that decision to make it more difficult for the new investor and manager to move forward with the project with a new builder if they so decide. The HOA obviously wants the project to move forward. We question, however, whether granting Trans West any further extensions will accomplish that end. Thank you for your consideration. Sincerely, Allen M. Katz cc. Kathy Jenson, City Attorney AOL Mail (531) _BS-- Page 1 0 1 AOL I Mail Toolbar I Make AOL My Home Page wpwlatta Sign Out Check Mail Compose Search Mail Today on AOL New Mail 531 Old Mail Drafts (2) Sent IMs Spam (3) Recently Deleted Contacts Calendar My Folders Saved Mail Search the Web Search enhanced by Reply Forward IM Action Delete Restore Fwd: Griffin Ranch Jenson, Kathy to you - 7 min ago More Details Themes I Settings I Help A IM with friends and family; now' M. Katherine Jenson Rutan & Tucker, LLP Sign In 611 Anton Boulevard, 14th Floor Costa Mesa, CA 92626 714-641-3413 Direct ,e;) Automatically sign ma in to 714-546-9035 Fax AIM when I sign intatdail kjenson rutan rom www_ . rutan.com Any tax advice contained in the body of this e-mail (and any attachments thereto) was not intended or written to be used, and cannot be used, by the recipient for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or applicable state or local tax law provisions. Privileged And Confidential Communication. This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited. Begin forwarded message: From: Allen Katz <allenkatzOyahoo.com> Date: November 16, 2010 2:28:32 PM PST To: "Jenson, Kathy" <kiensonftrutan.com> Cc: Eric Markell <eric.markellf&pse.coni Bill Schwartz <bschwartz@schwartzco.com>, Dayton Dickey <D D ickeyQp p m i ntem et. co m> Subject: Griffin Ranch Kathy: After discussions with Geoff McComic, the Board of Directors of the Griffin Ranch HOA has decided to withdraw its objection to the City's giving Trans West Housing a six-month extension on its obligation to the City for street improvements at Griffin Ranch. The City should understand, however, that the HOA is not giving Trans West any extension whatsoever with respect to its obligations with respect to the clubhouse and related amenities, set forth in a Planned Construction Statement filed with the DRE and secured by a bond, which is the subject of a pending lawsuit by the HOA against ICW. Basic Version I Accessible Version I Mail Blog I Feedback 0 2010 AOL Inc. All Rights Reserved http://mail.aol.com/32843-111 /aol-6/en-us/Suite.aspx 11 / 16/2010 Tw�v 4 4v Qum& COUNCIL/RDA MEETING DATE: November 16, 2010 ITEM TITLE: Consideration of a Contract Extension With Riverside County for Animal Shelter Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Continue to contract with the County of Riverside for animal shelter services. FISCAL IMPLICATIONS: Beginning in January 2012, the annual cost for shelter services provided by the County is estimated to be $1 13,017. The annual cost for shelter services if provided by the City of Indio is estimated to be $109,145, which is an annual difference of $3,872. Both agreements would contain a yearly cost of living increase based on the Consumer Price Index. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On October 7, 2003, the City of La Quinta entered into an agreement with Riverside County for animal shelter services which were to be provided at the Coachella Valley Animal Campus upon the facility's completion which occurred in January 2006. The agreement is included as Attachment 1 . Prior to the opening of the campus, the City utilized the County facility in Indio for shelter services. The term of the current agreement with the County is set to expire on January 16, 2012. Per the aforementioned agreement, either party may terminate the contract upon written notice provided at least twelve (12) months in advance of the effective date of the termination. If the City determines that it does not want to use the services of the County after January 16, 2012, it must notify the County by January 16, 2011 of that decision. The City's first year cost for the shelter services at the campus was $70,223. The agreement contains a yearly inflationary clause tied to the Consumer Price Index. As a result of the yearly increases, the cost to the City for Fiscal Year 2010-201 1 for shelter services at the campus is estimated to be $74,090. The cost for Fiscal Year 201 1 /12 is projected to be $94,133 which represents the increased rate for half of the year. For Fiscal Year 2012/13 (the first full year of the increased rate) the cost is estimated to be $1 13,017. If it is decided to continue to contract with the County for shelter services, a new three year contract will be brought back to the City Council for consideration prior to January 16, 2012. In March of 2010, the County informed the City that at the end of the current contract term (January 16, 2012), the cost for the shelter service would be increased to $113,017 a year. Upon hearing of the proposed 53% increase in costs, staff contacted the City of Indio to determine if they would be interested in providing shelter services for La Quinta. Indio did not join the Coachella Valley Animal Campus; rather it took over the old County shelter in Indio, refurbished it and continued to provide shelter services for its animal control program as well as for the program in Coachella. Indio has made a proposal to provide the services in the amount of $109,145 for calendar year 2012 and $1 15,695 for calendar year 2013 with Cost of Living Increases thereafter. Since the difference in the financial impact between the two facilities is negligible, other factors that should be considered are as follows: Animal Campus Operated by the County • State of the art five year old facility • Animal Samaritan presence on the campus • 15 miles from City Hall • Councilmember participation on Animal Campus Commission Indio Shelter 0 Older refurbished facility, most cages outdoors 0 9 miles from City Hall • No oversight of operations by a commission Included as Attachment 2 are the City Council meeting minutes from July 22, 2003 and August 5, 2003 which is when the current contract was considered. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Continue to contract with the County of Riverside for animal shelter services; or 2. Direct staff to bring back for consideration a contract for animal shelter services with the City of Indio and notify the County that we will not be extending the current contract; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Director of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Current Contract with Riverside County for Shelter Services 2. City Council Minutes for July 22, 2003 and August 5, 2003 CLE ; ATTACHMENT 1 COACHELLA VALLEY ANIMAL CAMPUS CONTRACT FOR ANIMAL SHELTER SERVICES This CONTRACT FOR ANIMAL SHELTER SERVICES (this "Contract") is entered into as of 10/ 7 , 2003, by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California (the "County"), and the City of La Quinta, a municipal corporation ("the City"). RECITALS A. Pursuant to an indenture, lease agreement and related documents, the Riverside County Palm Desert Authority (the "RCPDFA") and the County are cooperating in the financing and development of the Coachella Valley Animal Campus (the "Facility"), which is located at _(address pending) —Rio del Sol, Riverside County, California. B. The County will lease the Facility from the RCPDFA and operate and manage the Facility and provide certain animal shelter and care services and enter into contracts with cities that wish to use the Facility in the performance of their public duties. C. The City wishes to utilize the services at the Facility for a six year period and has agreed to pay the County a portion of the costs of operating the Facility, to appoint a representative to an oversight and policymaking body for the Facility (the "Animal Campus Commission"), and to undertake certain other actions as provided in this Contract. NOW, THEREFORE, the County and the City agree as follows: COUNTY SERVICES County shall operate the Facility as a first class animal shelter that provides the services described on Exhibit A, "Scope of Services" which is incorporated herein by this reference. 2. TIME OF COMPLETION [PRELINUNARY ONLY, Based on tentative construction completion date] The term of this Contract shall begin on [December 1 st, 2004] and end on [December 1st, 2010], unless extended or terminated earlier as provided below. •ram , i ( �i COMPENSATION AND METHOD OF PAYMENT A. Compensation. The maximum amount payable to the County during the first year of the term under this Contract is S 70,223.00 (the "Annual Compensation"). Thereafter yearly, the Annual Compensation to County for shelter services may be increased in an amount not to exceed the December to December Consumer Price Index (CPI) published for Riverside County or actual shelter operating budget, whichever is less. Additional services above and beyond what is listed as shown in Exhibit A may be added to the scope of services only when such increase is mutually agreed upon between County and City pursuant to a recommendation by the Animal Campus Commission as set forth in Section 9.01 of the Bylaws of the Coachella Valley Animal Campus. B. Method of Payment. Payment shall be made according to the schedule and terms described on Exhibit "B", "Payment Schedule", which is incorporated herein by this reference. All expenses of County are included in the amounts payable pursuant to Exhibit B, and no expenses shall be reimbursed separately." 4. ANIMAL CAMPUS COMNIISSON The City agrees to appoint a representative to the Animal Campus Commission, a California non-profit corporation, and to cause its representative to participate diligently in the oversight of the operator, operation budget and this Contract. 5. ASSIGNMENT OF CONTRACT County shall not assign this Contract, or any part thereof, without the prior express written consent of the City. 6. NO PERSONAL LIABILITY No member, official or employee of the City shall be liable personally to County or any successor in interest in the event of any default or breach by the City or for any amount which may become due to County or any successor or on any obligation under the terms of this Contract. INDEMNIFICATION A. County shall hold harmless, defend and indemnify City and its elective and appointive boards, commissions, officials, officers, agents, employees, and volunteers from and against any and all liability, loss, damage, expense, costs (including, without limitation, any fines imposed by administrative or regulatory bodies, and costs and fees of litigation) of every nature arising out of or in connection with: (a) the negligent or willful misconduct of County or its 2 officials, officers, agents, employees and volunteers; (b) County's performance of its obligations and conduct of its agents hereunder; or (c) County's failure to comply with any provision of this Agreement; except such loss or damage which was caused by the negligence or willful misconduct of the City or its officials, officers, agents, employees, and volunteers. B. City shall hold harmless, defend and indemnify County and its elective and appointive boards, commissions, officials, officers, agents, employees, and volunteers from and against any and all liability, loss, damage, expense, costs (including, without limitation, any fines imposed by administrative or regulatory bodies, and costs and fees of litigation) of every nature arising out of or in connection with: (a) the negligent or willful misconduct of City or its officials, officers, agents, employees and volunteers; (b) City's performance of its obligations and conduct of its agents hereunder; or (c) City's failure to comply with any provision of this Agreement; except such loss or damage which was caused by the negligence or willful misconduct of the County or its officials, officers, agents, employees, and volunteers- C. The City does not, and shall not, waive any rights that it may have against County under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Contract. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described herein. 8. INSURANCE A. County must procure and maintain, at its own expense, for the duration of the Contract, including any extensions, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work under this Contract by the County, its agents, representatives, employees or subcontractors. B. Minimum Scope of Insurance. Coverage must be at least as broad as: (1) Insurance Services Office Commercial General Liability, coverage (occurrence form CG 00 01 01 96). (2) Insurance Services Office form number CA 00 01 12 93 covering Automobile Liability, code l (any auto). (3) Workers' Compensation insurance as required by the State of California and Employers Liability Insurance. (4) Professional Liability Insurance appropriate to the County's profession covering all negligent acts, errors and omissions. 3 C. Minimum Limits of Insurance. County must maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the State of California and Employer's Liability limits of $1,000,000 for bodily injury by accident and $1,000,000 per person and in the annual aggregate for bodily injury by disease. (Required only if County has employees). (4) Professional Liability Insurance: $1,000,000 per occurrence. D. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed $ E. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City and its respective commissioners, members, officers, agents and employees are to be covered as insureds as respects: liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the County; and liability arising out of work or operations performed by or on behalf of the County. (2) For any claims related to this Contract, the County's insurance coverage must be primary insurance as respects the City and its- respective commissioners, members, officers, agents, and employees. Any insurance or self-insurance maintained by the City and its respective commissioners, members, officers, agents or employees shall be excess of County's insurance and shall not contribute with it. (3) The certificates of insurance shall provide that the respective insurance policy shall not be terminated without first providing thirty (30) days' written notice to the City of such termination. 4 F. Workers' Compensation and Employers Liability Coverage. Insurer shall agree to waive all rights of subrogation against the City and its respective commissioners, members, officers, agents and employees for losses arising from work performed by County or for the City- G. Acceptability of Insurers. Insurance is to be placed with insurers with a current A. M. Best's rating of no less than A: VII. H. Verification of Coverage. County must furnish the City with certificates of insurance and with original endorsements evidencing coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements may be on forms provided by the City. All certificates and endorsement are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements demonstrating the coverage required by these specifications at any time. 9. REPORTS AND INFORMATION At such reasonable times and in such reasonable forms as the City may require, the County shall furnish the City or its designated representative such statements, records, reports, data and information about the services provided at the Facility and any field services provided by the County in the City as the City may reasonably request. County shall respond in writing within thirty (30) days to any such request. 10. CONFLICTS No employee, agent, contractor, officer or official of the City, or the County, who exercises any functions or responsibilities with respect to this Contract or who is in a position to participate in a decision making process or gain inside information with regard to it, shall obtain a personal or financial interest in or benefit from any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom they have family or business ties, during his or her tenure or for one year thereafter. 11. NONDISCRIMINATION. EQUAL EMPLOYMENT OPPORTUNITY AND MINORITY AND WOMAN -OWNED BUSINESS ENTERPRISES A. There shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, religion, creed, national origin or ancestry, sex, age, marital or domestic partner status, sexual orientation or disability in the performance of this Contract. County will ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, creed, national origin or ancestry, sex, age, marital or domestic partner status, sexual orientation or disability. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; selection for training, including apprenticeship; and provision of any services or accommodations to clients or the general public. B. County will, in all solicitations or advertisements for employees placed by it or on its behalf, state it is an equal opportunity employer. C. County will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 12. TERMINATION After a period of 5 years, either party may terminate this Contract without cause upon provision of a written notice of a minimum of 12 months in advance prior to the effective date of such termination. 13. MISCELLANEOUS PROVISIONS A. Notices All notices, demands, consents or approvals required under this Contract shall be in writing and shall be deemed given when delivered personally or by facsimile transmission or three (3) business days after being deposited in the U.S. Mail, first class postage prepaid, return receipt requested, addressed as follows: If to the City: CITY OF LA Q U I NT A 78-495 Calle Tampico La Quinta, CA 92253 Attention: Tom Hartung If to County: COUNTY OF RIVERSIDE 82-675 Highway 111 Indio, CA 9ZZU1 Attention: Michael O'Connor or to such other addresses as the parties may designate by notice as set forth above. B. Time of Performance (1) Time is of the essence in the performance of all the terms and conditions of this Contract. (2) All performance and cure periods expire at 5 p.m., Pacific Standard Time, on the applicable date. (3) A performance or cure date which otherwise would be a Saturday, Sunday or City holiday shall be extended to the next City working day. 9 C. Successors and Assigns This Contract shall be binding upon and inure to the benefit of the successors and assigns of the City and the County. Where the term "County" or "City" is used in this Contract, it shall mean and include their respective successors and assigns; provided, however, that the City shall have no obligation under this Contract to, nor shall any benefit of this Contract accrue to, any unapproved successor or assign of County where City approval of a successor or assign is required by this Contract. D. Modification. Waiver and Amendment Any modification, waiver or amendment of any of the provisions of this Contract must be in writing and signed by both the City and County. E. Entire Contract This Contract represents the complete agreement between the parties as to the matters described herein, and there are no oral understandings between County and the City affecting this Contract not set forth herein. This Contract supersedes all previous negotiations, arrangements, agreements and understandings between County and the City with respect to the subject matter hereof. F. Severability If any provision of this Contract shall be determined to be illegal or unenforceable, such determination shall not affect any other provision and all such other provisions shall remain in full force and effect. G. Governing Law This Contract shall be governed by the laws of the State of California. H. Headings Titles of parts or sections of this Contract are inserted for convenience only and shall be disregarded in construing or interpreting its provisions. Attorne sy Fees In any action or proceeding arising out of this Contract, the prevailing party shall be entitled to reasonable attorneys' fees and costs. 7 Authoritv The undersigned represents and warrants that he or she has full power and authority to enter into this Contract and to bind the County in accordance with its terms. K. Designated Representative The initial designated representative for the City for this Contract is: Tom H a r t u n Q The initial County designated representative for this Contract is: Michael O'Connor L. Venue All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Contract and all proceedings involving any enforcement action related to this Contract shall be initiated and conducted in the applicable court or forum in Riverside County, California. M. Captions and Headings The captions and headings contained in this Contract are provided for identifications purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading. IN WITNESS WHEREOF the City and County have executed this Contract as of the date first above written. COUNTY OF RIVERSIDE, a political subdivision of the State of California APPROVED AS TO FORM: By: \-e�-�c•e,:,�� Counw Counsel a municipal corporation. Attest; City Clerk, City of La Quinta APPROVED AS TO FORM: By: City Attorney EXHIBIT A SCOPE OF SERVICES Hours of Operation for Shelter: Monday: 10 AM to 4 PM Tuesday: 10 AM to 4 PM; Wednesday: 10 AM to 4 PM Thursday: 1 PM to 7 PM Friday: 10 AM to 4 PM Saturday: 10 AM to 4 PM Sunday: Closed Government Code Holidays: Closed HOUSING Indoor/Outdoor Kennels Shelter of stray dogs and cats Large animal holding facilities (if requested by City) Disposal of dead animals Euthanasia services Accept owner turned in animals Quarantine of animals suspected of rabies or dangerous to the public 24 hour, 7 day a week access to facility for all city field animal control officers ADOPTION SERVICES Adoptions Grooming facilities Licensing of animals (optional service, if selected by City) Reclaim of lost or impounded animals Vaccination of incoming animals Website program and access Promote and assist in low cost - no cost spay/neuter services Vaccination clinics Micro chip implant services Facility Features for Adoptions: Puppy rooms Specialty kennels Get acquainted rooms Outdoor exercise area E PAYMENT SCHEDULE ANIMAL CAMPUS - OPERATIONAL BUDGET FOR THE FOLLOWING JURISDICTIONS. - Desert Hot Springs, Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, La Quinta, Coachella, and Riverside County ANNUAL ALLOCATION FOR JURISDICTIONS For O erations of Animal Shelter Jurisdiction Annual Allocation Allocation Percentage Desert Hot Springs $ 71,465 12.84 % Cathedral City 90,482 16.26 % Rancho Mirage 28,825 5.18 % Palm Desert 109,599 19.69 % Indian Wells 4,604 .83 % La Quinta 70,223 12.62 % Coachella 31,320 5.63 % Riverside County 150,000 26.95 % TOTAL $ 556,518 100 % Above Based Upon: Estimated Budget: $ 556,518 Method of Payment: In order to operate the Facility, it is preferred that all payments be made annually, due and payable on or about July I". A jurisdiction may, however, choose to pay in quarterly installments, of equal amounts, with the first payment beginning on or about July 1 S` and payments made thereafter quarterly (or about, October 1, January 1 and April 1). Checks shall be made payable to the County of Riverside. City Council Minutes ATTACHMENT 2 July 22, 2003 MOTION - It was moved by Council Members Sniff/Perkins to approve the Consent Calendar as recommended with Items Nos. 7, 9, and 10 being approved by RESOLUTION NOS. 2003-55 through 2003-57 respectively. MINUTE ORDER NO. 2003-65. BUSINESS SESSION Mayor Adolph asked the concurrence of the City Council for reordering the agenda to consider item number four on the Business Session first. The City Council unanimously agreed as a courtesy to several of the speakers who were under serious time constraints to take part in other meetings. 4. CONSIDERATION OF PARTICIPATION IN THE PROPOSED COACHELLA VALLEY ANIMAL CAMPUS. Building & Safety Director Hartung presented the staff report which outlined changes in the operational and construction costs to participate in the V0'ey- wide Animal Campus since the previous City Council consideration of this matter. Aurora Kerr, representing the Coachella Valley Area of Governments spoke in favor of the City of La Quinta joining in with the other committed Valley cities. She stated the shelter will be constructed and run by the County of Riverside. Mayor Jean Benson, of the City of Palm Desert, who serves as the Chair of the Animal Campus Commission encouraged the City to join with the Cities of Palm Desert, Indian Wells, Rancho Mirage, Cathedral City, and Desert Hot Springs in supporting a Valley -wide Animal Campus. Supervisor Roy Wilson, County of Riverside, encouraged the City Council to participate in this valley -wide facility and stated the County of Riverside is proposing to assume all of the capital costs associated with the construction of the facility. He outlined the structure of the Commission and clarified it is not set up as a Joint Powers Authority. Mike Russell, President of Animal Samaritans, spoke on behalf of that organization, stating they have donated the -land for the facility to be built and are fully committed to assist in every way to assure its success. In response to Mayor Adolph, Mr. Russell stated the facility will be geared to handle "domestic" animals. City Council Minutes 5 July 22, 2003 Pat Conlon, City of Palm Desert, showed the site plan for the project to be located on the corner of Del Norte and Rio Del Sol in 1,000 Palms. The parcel size is 10.5 acres of which the Animal Samaritans have donated approximately 5 acres to the County of Riverside. The remainder of the site will be developed for the Animal Samaritan's project. He stated the structure will be about 26,000 square feet in size. Mr. Conlon described the building as a "mission style" building which will match the structure the Animal Samaritans propose to build. He also displayed the floor plan of the facility showing the area where additional kennels can be added. In response to Council Member Sniff, Janice McLaughlin, of the County staff said the maximum capacity per day could be stretched to 150 dogs and about 60 cats. She also responded to Council Member Sniff's question regarding the length of time an animal will be held at the facility, stating it will be a minimum of 5 days and a maximum of 10 days depending on the capacity of the holding areas. Council Member Stiff questioned the necessity for the luxurious manner in which the facility is being designed. Adam Holbrook, Operations Chief of Riverside County Animal Services, stated the Campus is not proposed to be an "Animal Hotel" but will provide safe and humane treatment for the animals. Aurora Kerr stated the Animal Samaritans facility will be next door and they will have a program for holding animals until they are adopted. The County plans to work cooperatively with them to avoid euthanasia as much as possible. Ms. Kerr again outlined for Council Member Sniff the structure for running the Animal Campus. She said a Commission comprised of elected officials representing the member cities will have oversight of the operations of the facility. Supervisor Wilson commented that while nothing precludes a JPA being formed, they do not see it as being necessary. Council Member Sniff questioned the plans the County has for the animal shelter in Indio. Supervisor Wilson responded that the County does not want to continue to operate that shelter after the campus is opened but said they would be happy to sell the facility to the cities in the east end of the Valley, should they wish to continue that operation. Council Member Perkins felt the project is a very fine one but didn't believe it meets the needs of the cities in the East Valley. He would like to meet with City Council Minutes 6 July 22, 2003 the cities of Coachella and Indio to see if they are interested in running their own animal shelter in this end of the valley. Mayor Adolph advised the Council that Mayor Wilson of Indio has invited City Manager Genovese and himself to meet with Indio and Coachella on this matter. He said the meeting will be held on October 29" Council Member Osborne questioned the annual contribution from the City of La Quinta in the amount of approximately $70,000. He asked if this would be subject to annual increases or how it would be set up. Ms. Kerr advised that would be the amount for the first five years, however, if Indio and Coachella choose not to join with the other cities that figure would change and should be looked at as approximate. Council Member Osborne stated his concerns regarding the capital costs required to bring the Indio facility up to proper standards and felt it would still not provide the quality of care that the mid -valley facility will offer. Council Member Henderson felt it unfortunate that the parameters have changed so dramatically since the valley -wide animal campus was first proposed to the City. She said she agrees with Councilmember Perkins that it would be preferable to have two facilities located at either end of the valley. She expressed her displeasure with the deadline being so inflexible and would like the opportunity to meet with Indio to explore their desires and concerns regarding the practicality of an east valley shelter location. Mayor Adolph said he would also like to meet with Indio and if he isn't convinced by their facts and figures to justify an Indio shelter, he would then support the County Shelter. It was moved by Council Members Sniff/Perkins to continue this matter to the meeting of August 5, 2003, to allow for a meeting with the Cities of Coachella and Indio on October 29, 2003. Supervisor Wilson said he would be happy to try to get another extension to the deadline for La Quinta's decision. He said he can't make a commitment that the Commission will agree to an extension. Council Member complimented the County on the type of governance chosen for the shelter. MOTION — It was moved by Council Members Sniff/Perkins to continue consideration of the matter until the meeting of August 5, 2003. Council Member Perkins indicated he would like to take part in the meeting with Indio and Coachella on July 29, 2003 at 4:00 PM. The motion carried City Council Minutes 4 August 5, 2003 BUSINESS SESSION 1. CONSIDERATION OF PARTICIPATION IN THE PROPOSED COACHELLA VALLEY ANIMAL CAMPUS. Assistant City Manager Weiss presented the staff report. Mayor Adolph reported the meeting with Indio and Coachella went well, and Indio has indicated they plan to move forward with the Indio facility. He has mixed emotions on this issue, and there are some questions that need to be answered about the Indio facility. He feels the valleywide facility is viable and desperately needed but the Indio facility is closer to La Quinta. Council Member Perkins spoke about the Desert Paws organization, whose primary function is to improve the condition of animal shelters, and stated they are willing to help raise funds to renovate the Indio facility. He questioned the cost estimates for upgrading the Indio facility, and noted it is not intended to be a dog or animal hotel. He referenced the difference in mileage between the two animal shelters that La Quinta's animal control and residents would have to travel, and noted La Quinta has an agreement with Dr. Homec's office to examine animals that are picked up in an effort to try to save them from being destroyed. He further noted animals are kept one day longer. He doesn't like being pressured by the County to make a decision, and noted very little information on the valleywide facility was known until two weeks ago. He also questioned why cities choosing to participate at a later date would have to pay for expansion costs because it's his understanding that the proposed floor plan will accommodate additional kennels. He stated he would like to have more information about the Indio facility before making a decision on this issue. Aurora Kerr, of CVAG, indicated CVAG has a van available for the animal campus that can be used to transport people. As for pressure being put on the City to make a decision, she noted this has been a three-year process with periodic updates provided to CVAG's Human and Community Resources Committee members. She stated the animal campus will not be a dog hotel but will provide quality care for animals. She feels Desert Paws, who has spoken against the animal campus, does not understand the concept. She advised this is not a County project. A commission consisting of participating jurisdiction representatives will have oversight of the budget and how the facility is operated. Animal Samaritans will also be a partner in the animal campus. She urged Council to consider both sides, and do what is best for the residents of the City. City Council Minutes 5 August 5, 2003 Council Member Perkins stated he believes the animal campus will be a nice facility but is not the best solution for the City. He noted the County indicated in the beginning that they would continue operating the Indio facility but have since changed their mind. Ken MNler, representing the City of Indio, indicated they do not have much additional information at this time. He stated animal shelter experts from Banning and Desert Paws have reviewed the Indio facility, and agree with Indio that the facility is adequate to serve Indio's needs, and no upgrades are required to comply with any laws. They want to enhance the pet cemetery and increase the size of the parking area and cat kennel, and feel the facility can be improved for less than $100,000. In response to Council Member Osborne, Mr. Miller indicated they will be preparing an operating budget estimate, and have sent a letter to the County regarding repurchase of the facility. Council Member Henderson noted this is an emotional issue that has been ongoing for over three years, and the City has received updates from its CVAG committee members. She stated she participated in a tour of a new facility in Moreno Valley, and was excited about the possibility of a mid - valley facility. She has also visited the Indio facility, and feels they are doing the best job possible with the limited space available and believes it will work well for Indio. She noted the animal campus is not bonded yet, and the budget will depend on the number of jurisdictions participating. If the City decides to participate, she suggests a re-evaluation after three years to determine if the City wants to opt out at the end of the five-year period. She noted the animal campus will have technological advances, such as residents being able to use the internet to see what animals have been picked up. She stated she supports going with the valleywide animal campus at this time. Council Member Osborne stated he supports going with the valleywide animal campus because of better care and more controlled costs. He noted costs to upgrade and maintain the Indio facility are still unknown, and he likes the plan to work with Animal Samaritans. He would prefer the facility being closer to La Quinta but believes the internet access will help. He realizes $70,000 is a substantial increase but feels the cost will go up regardless, and noted the costs at the Indio facility are unknown. Council Member Sniff stated he likes working with other jurisdictions, and r—. supports participating in the valleywide animal campus. He noted it's a five- year commitment, and the City will be watching from the onset to make sure it serves the City well. He wishes Indio well with their facility, and noted City Council Minutes 6 August 5, 2003 La Quinta can look at that facility and costs in the future. He stated he doesn't like pressure either but feels the valleywide animal campus is the best option for the City at this time. Mayor Adolph stated he would like to work with Indio on their facility but feels there are too many unknowns at this time. He agrees the City can consider that facility in the future. Council Member Henderson noted going with the valleywide animal campus will not change the excellent animal control services provided by the City. Council Member Perkins questioned internet access being a benefit if animals are picked up outside of the area in which they live. MOTION - It was moved by Council Members Perkins/Sniff to continue this matter to August 19, 2003, to get more information about the Indio shelter. Council Member Henderson voiced concern about the door closing on the opportunity to participate in the valleywide animal campus. Motion failed with Council Members Henderson/Osborne and Mayor Adolph voting NO. MOTION - It was moved by Council Members Sniff/Henderson to inform CVAG that the City is interested in participating in the Valleywide Animal Campus. Motion carried with Council Member Perkins voting NO. MINUTE ORDER NO. 2003-75. 2. CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH MARTIN LANGER TO PROVIDE FOUR COMMUNITY CONCERTS. Community Services Director Horvitz presented the staff report. Martin Langer, 49-994 El Circulo, stated the concerts will be held at the La Quinta Middle School amphitheater. He displayed a draft poster listing the four concerts to be held on Sundays in October from 4:00 p.m. to 6:00 p.m. He expects posters and flyers to be ready by September 1 ". He stated the concerts will consist of Flamenco Bravo, Tom Nolan Band, All -American Boys Chorus, and Bucharest National Symphony, which is a full-size symphony orchestra. He feels the concerts will have something for everyone, and will be on a higher level than anything he has seen in the valley for over 20 years. COUNCIL/RDA MEETING DATE: November 16, 2010 ITEM TITLE: Consideration of a Request for Proposal to Obtain Professional Engineering Services to Prepare the Plans, Specifications and Engineer's Estimate of Probable Construction Costs for a Traffic Signal or Roundabout at the Intersection of Eisenhower Drive and Calle Sinaloa, Project Number 2010-1 1 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Request for Proposal (RFP) (Attachment 1) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for a traffic signal at the intersection of Eisenhower Drive and Calle Sinaloa (Attachment 2), Project Number 2010-1 1, including a roundabout option. FISCAL IMPLICATIONS: The following are the approved funding sources and amounts for the Eisenhower Drive at Calle Sinaloa traffic signal: Transportation Total Funding: The following is the anticipated project budget: Design: Inspection/Testing/Survey Construction: City Administration Contingency: Total Budget: $430,000 $430,000 $43,000 $44,075 $224,725 $21,500 $96,700 $430,000 CHARTER CITY IMPLICATIONS: The project is funded with Transportation Development Impact Fee (DIF) funding. As such, the project is not subject to prevailing wage requirements. BACKGROUND AND OVERVIEW: On April 20, 2010, the City Council adopted a Resolution approving the Fiscal Year 2010-201 1 through 2014-2015 Capital Improvement Program (CIP). The new traffic signal at the intersection of Eisenhower Drive and Calle Sinaloa, Project Number 2010- 1 1 is included within the adopted CIP and scheduled for funding during Fiscal Year 2010-201 1. Staff has reviewed this intersection, which is currently a four way stop, for consideration of a roundabout as an alternative to a conventional traffic signal and believes the City may receive the following benefits by installing a roundabout at this location: 1. Improved Safety - Roundabouts have been shown to experience 60-80% less fatal and injury collisions compared to traffic signals in studies conducted in the United States. The reduction in accidents is attributed to lower entry speeds into the roundabout and reduced number of conflict points. 2. Lower Maintenance Cost - Approximately $3,500 per year in energy and signal maintenance costs associated with a traffic signal may be saved. However, depending on the landscape improvements installed in the roundabout these costs may be somewhat offset by additional irrigation and landscape maintenance costs. 3. Reduced Delay - By yielding at the entry rather than stopping and waiting for a green light, delay is significantly reduced. This results in roundabouts improving air quality over four way stops and traffic signals where vehicles must typically idle longer. 4. Increased Capacity - A roundabout better handles intersections with varying volumes of traffic throughout the day than a multi -phased traffic signal or four way stop. 5. Improved Aesthetics - The central island can be landscaped. In residential areas, roundabouts are a lot less intrusive than traffic signals because there are no large upright poles constructed in front of resident's homes. However, in order to determine whether these benefits could be realized a preliminary design must be completed which could then be reviewed with the City Council at a later date before moving into final design. Staff therefore seeks Council approval to include a roundabout option in the RFP so that a detailed feasibility analysis could be made. t,; The attached RFP includes a warrant analysis for a traffic signal to verify the necessity of a signal as well as a feasibility analysis for a roundabout option. 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 minor services will be followed as the estimated engineering cost will be below $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, Nazir Lalani, Contract Traffic Engineer and Nick Nickerson, Project Manager. 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. Staff will return to the Council after an engineering analysis is performed for the two options to request direction before final engineering is started on the preferred alternative. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the RFP to obtain professional engineering services to prepare the PS&E of probable construction costs for the new traffic signal at the intersection of Eisenhower Drive and Calle Sinaloa, Project Number 2010-1 1 including the roundabout option; or 2. Approve the RFP to obtain professional engineering services to prepare the PS&E of probable construction costs for the new traffic signal at the intersection of Eisenhower Drive and Calle Sinaloa, Project Number 2010-1 1 without including the roundabout option; or 3. Provide staff with alternative direction. Respectfully submitted, t i -Timothy R. J as P.E. Public Work Direct r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . RFP for New Traffic Signal at the Intersection of Eisenhower Drive and Calle Sinaloa, Project Number 2010-1 1 2. Conceptual Design ATTACHMENT 1 L01- 0 OF f13� CITY OF LA QUINTA REQUEST FOR PROPOSAL PROFESSIONAL ENGINEERING AND DESIGN SERVICES EISENHOWER DRIVE AT CALLE SINALOA PROJECT NO. 2010-11 The City of La Quinta requests proposals from qualified professional engineering consultants to prepare a Feasibility Study which will analyze two traffic control alternatives for the intersection of Eisenhower Drive and Calle Sinaloa. The alternatives to be studied include the installation of a new traffic signal or the installation of a modern round -a -bout. The study will result in the preparation of the plans, specifications, and estimates (PS&E), and contract bid documents for the preferred alternative. Project Description: The City of La Quinta intends to install either a new traffic signal or a modern round -a -bout at the Eisenhower Drive and Calle Sinaloa intersection. The Consultant will prepare a Feasibility Study analyzing the two alternatives and develop recommendations for consideration by the City. The Feasibility Study will include the preparation of a signal warrant analysis. The Consultant will be responsible for preparing the project plans, providing an itemized engineer"s estimate, bid schedule, bid item descriptions, payment methods, and technical provisions for the selected alternative. Samples of these specification documents are available for review within the City Public Works/Engineering Department. The City will prepare remainder of the project bid documents. Services Requested Services and products to be rendered in performing all work associated with project development may include, but may not be limited to: • Prepare roundabout feasibility study as well as a traffic signal warrant analysis. Based. on the results of the feasibility study prepare a presentation of the roundabout option for City Council consideration prior to final design of the project. If the roundabout option is approved the consultant should include an optional item for landscape design of the roundabout in the proposal. Page 2 of 6 • Perform appropriate engineering related field survey, and prepare the base map (the base map will include all utilities and potential obstructions). • Perform utility coordination, identify points of connections, and obtain clearances. • Prepare project plans, specifications and engineer's estimates of probable construction costs. Plans will likely include Title Sheet, Traffic Signal Plan or Modern Round -A -Bout Plan, Signing and Striping Plan, and necessary construction details. • Project Specifications and Bid Documents will likely include the detailed project description, preparation of bid schedule, bid item descriptions, payment methods, special provisions, technical specifications, and any specification detail sheets or standard plans. • Project coordination will include an appropriate number of meetings with City staff. The consultant may be required to attend a City Council meeting. The design consultant will be expected to attend the pre -bid meeting and will respond to contractor requests for clarification during the bid process. The design consultant will also be required to respond to Requests for Information (RFI) and provide clarification of questions relating to its plans during the construction phase. Project Development Process 1 . Pre -Design Meeting The pre -design meeting is an initial meeting between the consultant and City staff to clarify project design objectives. 2. Agency Approval Consultant will submit PS&E and/or other necessary documents to City to obtain approval. At a minimum, the consultant should anticipate the following plan check submittals: (1) 1st Review — 35% Concept Review (topo, utilities, ROW) and roundabout feasibility study (2) 2nd Review - 85-90% Check Plans & Specs (3) 3rd Review - 100% Check Plans, Specs, & Engineer's Estimate (4) 4th Review - Preliminary Final (screen check) B. Staff approved PS&E will be submitted to the City Council for final approval. Page 3 of 6 C. All approved plans will be provided to the City on compact disk in AutoCAD 2008 or higher format, as well as on "D" size Mylar. Specification documents, including technical specifications, will be provided on digital medium disks in Microsoft Word for Windows format. The Engineer's estimate will be provided in Excel for Windows format. 3. Bidding Phase The consultant will be expected to provide technical support during the bidding and award process. 4. Construction Phase The consultant will be expected to provide technical support during the construction phase. This work objective will include the review and response to RFI and/or contractor questions. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. Proposal packages are to be submitted to the City on/or before Tuesday, December , 2010 at/or before 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Bryan McKinney, P.E., Principal Engineer City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 1. Work Proposal (envelope 1) - submit 4 copies A. Cover Letter (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 contract. Page 4 of 6 (3) Identification of sub -consultants and their responsibilities. B. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and individual resumes for prime and sub - consultants. (2) Consultant's and sub -consultant experience with similar work, including names and current phone numbers of reference for listed projects. C. Project Understanding and Approach A description of your project understanding, and how you will approach the project. D. Scope of Work Program A description of the tasks, sub -tasks, and deliverables that will be provided. E. Project Schedule A project schedule is to be submitted describing the nature and scheduling of proposed tasks and reflecting January , 2011 as the start date 2. Cost Proposal (envelope 2) — submit 2 copies The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each defined task and/or sub -task. Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may or may not choose to interview two or more closely -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. 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. Page 5 of 6 CITY OF LA QUINTA COST PROPOSAL SHEET PROFESSIONAL ENGINEERING AND DESIGN SERVICES EISENHOWER DRIVE AT CALLE SINALOA PROJECT NO. 2010-11 The following is a summary of costs to provide the services outlined in the Request for Proposals for professional engineering consultants to prepare the PS&E for Project No. 2010-1 1, and will be used as the basis for negotiating a Professional Services Agreement: Work Objectives Proposed Cost 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. TOTAL LUMP SUM FIXED FEE: $ Consultant may include as many, or as few, work objectives it believes are necessary to complete the project. Attached herein is a detailed man-hour and fee breakdown for the tasks and sub - tasks defined in our proposal. Prime Consultant Date Signed Page 6 of 6 t 1 L COUNCIL/RDA MEETING DATE: November 16, 2010 ITEM TITLE: Consideration of Selection of a Representative to the Chamber of Commerce Workshop/Information Exchange Committee RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the selection of a member of the City Council to serve for three consecutive meetings of the Chamber of Commerce Workshop/Information Exchange Committee. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council has established a policy of appointing one of its members to serve on the Chamber Workshop Information Exchange Committee for three consecutive meetings. Linda Evans was the last Council appointee to this Committee and has attended three meetings. The rotation of appointees has been as follows: Council Member Evans (5/18/10) Mayor Pro Tern Franklin (1 1 /17/09) Mayor Adolph (5/19/09) Council Member Kirk (1/19/09) Mayor Pro Tern Henderson (10/7/08) Council Member Osborne (3/18/08) Council Member Sniff (10/2/07) In order to continue this policy, a new Council representative should be appointed at this time. The next meeting will be held on Monday, January 10, 2011. '4U FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appoint a new Council Member as a representative to the Chamber of Commerce Information/Exchange Committee Workshop; or 2. Do not appoint a new Council Member as a representative to the Chamber of Commerce Information/Exchange Committee Workshop; 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 REPORTS/INFORMATIONAL ITEM: /9 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 28, 2010 I. CALL TO ORDER 7:00 P.M. A. A regular meeting of the La Quinta Planning Commission was called to order at 7:00 p.m. by Chairman Alderson. PRESENT: Commissioners Barrows, Quill, Weber, Wilkinson, and Chairman Alderson. ABSENT: None STAFF PRESENT: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant Planner Yvonne Franco, Assistant Planner Eric Ceja, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: There were two amendments requested: 1). Commissioner Barrows asked that Commissioner Quill's name be added to those present at the meeting; since he was in attendance; and 2). Commissioner Weber noted the starting and call -to -order times were different and asked that they be corrected. There being no further comments, or suggestions, it was moved by Commissioners Weber/Barrows to approve the minutes of July 27, 2010 with corrections noted. AYES: Commissioners Barrows, Quill, Weber, and Wilkinson. NOES: None. ABSENT: None. ABSTAIN: Chairman Alderson. "�«<. t I}a Planning Commission Minutes September 28, 2010 V. PUBLIC HEARINGS: A. Sign Program 2002-618, Amendment No. 3; a request by BRR Architecture for consideration for a sign program amendment for The Centre at La Quinta Sign Program to address new signage for Wal- Mart located south of Highway 1 1 1, between Adams Street and Dune Palms Road in The Centre at La Quinta. Assistant Planner Yvonne Franco presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Quill asked why the existing signs were being changed. Planning Director Johnson replied this was a corporate move to update their logo, and overall building appearance; including painting the exterior and minor interior remodeling. Commissioner Weber asked if there was any information on the tenant signs. Assistant Planner Franco said currently there were no proposed specific tenant signs for those locations and commented on current and previous tenants and their signage needs. Commissioner Weber asked if there would be any issues with directional signs. Planning Director Johnson said staff did not anticipate any issues but because this was a sign program amendment that language was included in case something additional was proposed by Wal-Mart. He added, if so, it could be reviewed and considered by the Planning Director and could be brought back to the Commission if there were any major changes. Staff currently views the directional signage as being a minor concern which could be handled administratively. Discussion followed on the directional signs for the tire and lube area, the elevation of the Wal-Mart sign and its colors. -2- Planning Commission Minutes September 28, 2010 General comments were made to the applicant regarding the need for trimming the parking lot trees and how that would improve the sign visibility. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to speak. Mr. Tony Garza, BRR Architecture, representing the client, Wal-Mart Stores, introduced himself and acknowledged the comments on tree trimming. Mr. Garza also said he would share that information with the client. He then said if the Commissioners had any questions, he was there to answer them. Commissioner Weber asked Mr. Garza to comment on the tenant signs and what they anticipated. Mr. Garza commented on what tenants they now have and added there were currently no tenant signs on the building. They were trying to identify where the future sign locations would be, but stated Wal- Mart leaves that up to the tenants involved. Chairman Alderson asked if they were planning two locations to be determined later. Mr. Garza said they were planning for the locations, but not for the actual signage. There being no further questions of staff, or comments from the applicant, Chairman Alderson asked if there was any public comment. There being no public comment, Chairman Alderson opened the matter for Commission discussion and closed the public hearing. Commissioner Weber said he remained sensitive to directional signs and commented on a nearby location. He was not concerned if these signs were going to be specifically for Wal-Mart and nothing else in the Center. Chairman Alderson asked if he was comfortable with staff's previous response on the directional signs and he replied he was. Planning Commission Minutes September 28, 2010 There being no further questions or discussion, it was moved and seconded by Commissioners Barrows/Weber to adopt Minute Motion 2010-005 recommending approval of Sign Program 2002-618, Amendment No. 3 as submitted. Unanimously approved. B. Sign Program 2006-1017, Amendment No. 1; a request by Lucas Coronel for consideration of a request for a sign program amendment for Coronel Plaza located at the southwest corner of Calle Tampico and Avenida Navarro. Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Wilkinson asked about the example showing duplicate signs. He wanted to know if that was just an example or did they actually want the signs at two different locations. Staff said the graphics shown were just for illustration purposes. The current sign program allowed one sign per tenant. General discussion followed regarding fourteen sign locations, and adding six for a total of twenty sign locations; since there were only ten tenants. Comments were included on the amendment allowing more flexibility for sign locations. There being no further questions of staff, Chairman Alderson asked if the applicant would like to speak. Mr. Lucas Coronel - 48-820 Eisenhower Drive, La Quinta CA - introduced himself and said he wanted to make a correction and noted the request was submitted to allow the flexibility of having more than one sign per tenant. The application was submitted using the example showing two tenants with signs on the north and east sides of the building. He explained where the building was located and where his tenants' signs would get the most exposure. He added that he had two tenants who were motivated to move to the site by its location and they wanted the additional signs. He was asking for the flexibility to have signs in more than one location; such as Old Town has. His tenants needed the exposure from both sides of the building. Planning Commission Minutes September 28, 2010 Chairman Alderson asked if he wanted the amendment to include multiples of the same signs on the building. Mr. Coronel said a maximum of two - on the north and east sides; if the tenants chose to have them. General discussion followed regarding one sign versus two, the need for flexibility, and clarification of the applicant's request. Commissioner Barrows asked for clarification on where the single tenant sign information was found in the staff report. Staff responded it was on page 11, N.A.1., where it stated "Each tenant will be assigned one of the predetermined sign envelopes approved by The City of La Quinta. The tenant sign may not exceed this sign envelope." Staff continued, if the Commission wanted to consider granting the applicant's request, that language would have to be amended. Mr. Coronel said the sign program was originally submitted in 2006 and the information the Commissioner's were presented in the staff report was not something he turned in with the new amendment. Staff responded by saying the application was not reviewed with the understanding that there would be two signs, for a total of 20, on the building. Staff commented that the Commission had the discretion to pursue and consider the request by the applicant, with the potential for 20 signs on this building. However, staff had not contemplated this change in the analysis of the application, and it was not included in the information provided to the Commission. Mr. Coronel explained the motivation for requesting the 20 signs and the need to accommodate two of his tenants. Commissioner Wilkinson asked how many tenant spaces there were in the building. Mr. Coronel responded there were ten and then commented on the types of signs that were allowed in Old Town versus those allowed on this building. General discussion followed on the Sign Ordinance, signage space available on the building, and the flexibility to offer equal exposure to all the applicant's tenants. -5-.. t: Planning Commission Minutes September 28, 2010 Commissioner Wilkinson asked if there were tenants sharing spaces in this building (one subleasing from another). Mr. Coronel said he did not have any subleases at present. Commissioner Wilkinson asked what the applicant would do if a subleasee also wanted a tenant sign. Mr. Coronel said he would have to explain the situation to them, that this is what is available. They can take it or leave it. General discussion followed on the additional signs, amending the sign program, and possible sign locations. Commissioner Quill asked how the signs were constructed. Mr. Coronel said they were raised lettering that conformed to what was currently on the building. Commissioner Quill asked if they would be illuminated. The applicant responded they would not. There being no further questions of the staff, or comments from the applicant, Chairman Alderson asked if there was any public comment. There being no public comment, Chairman Alderson opened the matter for Commission discussion and closed the public hearing. Commissioner Weber commented on the good looks of this building and the unfortunate state of the surrounding areas. He said the building could accommodate the signage without a problem since the signage was not optimal as currently set up. He added the proposed signage made a lot of sense. Discussion followed on what the current sign program was, what the applicant was requesting, where the new signs were to be located and why. General comments were made regarding the assignment of sign locations and sign width versus the window width. Staff commented that sign width information was included in the conditions of approval as number four. J. F Planning Commission Minutes September 28, 2010 Commissioner Barrows asked if other village sign programs allowed more than one sign per tenant. Staff gave examples of the programs for Old Town and the Calle Estado building saying there were mixed numbers of allowable signs in those programs. Mr. Coronel said he had four small spaces, on the far south side of the building, that would never be doubled up. He stated he could restrict those to have one sign only. Commissioner Quill asked if that meant the Commission could restrict the amount of sign locations to 16. Mr. Coronel said yes, that would work. Commissioner Weber remarked that the signage on the tower should be restricted to the width of the window. He added -it is needed to direct people and said the additional signs would help people in locating this building. Commissioner Quill suggested the approval state that six tenants would be allowed up to two signs and four tenants would only be allowed one sign. The applicant could pick and choose who those would be. Chairman Alderson asked Lucas Coronel if that served his needs. Mr. Coronel said that was fine. Commissioner Barrows suggested the language of the motion to be made would be to 1) allow the six signs on the north and east exposures of the tower; which was not previously a location where signs were allowed, and 2) the maximum number of building -mounted signs is limited to 16. Staff added that within the recommendations on page 4, of the staff report, there were four conditions of approval and suggested the Commission focus on changing item number two as well as consideration of the other three items; one of which addresses the issue of the width of the signs in relationship to the windows. -7- 1 f Planning Commission Minutes September 28, 2010 General discussion followed to work out the appropriate approval language concluding with six (6) tenants will be allowed up to two (2) signs and four (4) tenants will be allowed one (1) sign. There being no further questions or discussion, it was moved and seconded by Commissioners Quill/Wilkinson to adopt Minute Motion 2010-006 recommending approval of Sign Program 2006-1017, Amendment No. 1, with staff's recommended Conditions of Approval numbered 1, 3, and 4, and amending Condition No. 2, as follows: 2. The building shall not have more than sixteen (16) individual building -mounted signs; which shall be assigned as six (6) tenants being allowed two (2) signs and four (4) tenants being allowed one (1) sign. Unanimously approved. VI. BUSINESS ITEMS: None VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None VIII. COMMISSIONER ITEMS: A. Report of the City Council Meeting and September 21, 2010 presented by Commissioner Barrows, with additional comments by Chairman Alderson and Planning Director Les Johnson. B. Chairman Alderson noted Commissioner Quill was scheduled to report back on the October 5, 2010, Council meeting. C. Chairman Alderson thanked the Commission for their confidence in him by re-electing him Chairman. D. Commissioner Quill brought up and discussed the lack of paved areas available, in certain sections on Highway 1 1 1, for citizens using public transportation. Anecdotal evidence was given about how difficult it was for the handicapped and elderly to maneuver in those areas. Staff commented that this subject had been previously mentioned and explained the steps being taken to address the problem. Planning Commission Minutes September 28, 2010 Discussion followed with suggestions from the Commissioners on ways to expedite a remedy. Staff said they would pass the information on to the appropriate person(s). IX: DIRECTOR ITEMS: A. Director commented on the upcoming Joint Council Meeting scheduled for November 9, 2010 at 5:00 p.m. (for PC and ALRC) and asked for the Commission's input on discussion topics. It was suggested the Commissioners e-mail their topics to staff and noted the item will be agendized at the next meeting for discussion. There should be no more than two or three items. B. Director gave an update of the status of the General Plan (2035). Discussion followed on the update memo and the current status of the General Plan; with emphasis on the traffic plan. Discussion followed on the following points of the General Plan: • Greenhouse Gas Emissions and an upcoming CVAG workshop (October 18, 2010). • Non -Motorized Transportation and Trails Plan and the City's adoption of the Plan. • Livability and sustainability. X. ADJOURNMENT: There being no further business, it was moved by Commissioners Wilkinson/Quill to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on October 12, 2010. This regular meeting was adjourned at 8:28 p.m. on September 28, 2010. Respectfully submitted, J Carolyn Walker, Executive Secretary City of La Quinta, California - 7 - REPORTS/INFORMATIONAL ITEM: ! MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA October 6, 2010 10:00 a.m. I. CALL TO ORDER A. This regular meeting of the Architecture and Landscaping Review Committee was called to order at 10:00 a.m,. by Planning Manager David Sawyer who led the Committee in the flag salute. B. Committee Members Present: Jason Arnold, Kevin McCune, and David Thorns Committee Member Absent: None C. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant Planner Eric Ceja, and Secretary Monika Radeva II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: Staff asked if there were any changes to the Minutes of May 13, 2010. Committee Member David Thorns, the only current member present at that meeting, and able to vote on this matter, had no comments or corrections. V. BUSINESS ITEMS: A. Site Development Permit 2010-915 a request submitted by Tony Kraatz, Ken Garff Automotive Group for consideration of renovation and expansion of an existing vacant automotive dealership site located on the southwest corner of Highway 111 and La Quinta Drive (Centre at La Quinta - Auto Centre). Architecture and Landscaping Review Committee Minutes October 6, 2010 Assistant Planner Eric Ceja presented the information contained in the staff report, a copy of which is on file in the Planning Department. Planning Director Johnson visually clarified to the Committee, based on the submitted site plan, the proposed building additions and site improvements, including landscaping along the dealership's perimeter. Committee Member McCune asked staff where on the site plan the applicant needed to expand the drive aisle to meet the minimum width municipal code requirement of twenty-six feet. Staff pointed to the location on the plans and noted the applicant should easily be able to meet the condition. Committee Member McCune asked if there were any concerns with the turning radius in that area required by the Fire Department. Staff said the Fire Department had expressed a concern and had requested further information from the applicant on the turning radius. Staff noted that if the twenty-six feet width requirement was met, that would also expand the turning radius and the applicant would be compliant with the Fire Department requirements. Committee Member Thorns asked for clarification on the proposed landscaping improvements along Highway 111. Planning Manager Sawyer said the existing service center on the north side would be expanded and the service exit would become more prominent. He explained staff's recommendation was for the applicant to use limestone to frame the north service exit and to enhance and soften the landscaping along the north side of the adjacent screen wall. Committee Member Arnold asked what the cloud symbol used on the site plan indicated. Staff replied the cloud symbol is used on the site plan in two ways, first, where new planting is proposed (plant materials are identified) and second, where existing planting is to remain (plant materials are not identified). Mr. Michael R. Hastings, Principal with Direct Point Advisors, 611 South Orchard Drive, Burbank, CA 91506, introduced himself. He said the City of La Quinta was working on a comprehensive landscape improvement plan for Highway 111. This plan would also address the automotive display of merchandise, taking away the current display of cars on the dealership's surrounding grassy areas, and place them in designated pods. Mr. Hastings explained - 2 - -25A Architecture and Landscaping Review Committee Minutes October 6, 2010 the site plans were not specific in regards to the landscape improvements because the applicant was waiting to get direction from the City on what the new requirements would be. At that time a Final Landscaping Application would be submitted with the Planning Department identifying the proposed landscape improvements for the site. Mr. Walt Wagner, Architect with Wagner Architecture Group, 815 Civic Center Drive, Suite #101, Oceanside, CA 92054, introduced himself and confirmed that the cloud symbols represented the existing landscaping. He said the graphics were taken directly from the survey and were depicted exactly the way the surveyor had graphically presented it. Committee Member McCune expressed a concern regarding the perimeter landscaping along Auto Center Drive and La Quinta Drive. He said the existing landscaping was either dead or had not been kept up properly and he would like to see it improved. Mr. Hastings replied the landscaping around the entire dealership's perimeter would be addressed, not just along Highway 111. However, he said the applicant would like to hold off from submitting any landscaping improvement plans until the City has given them direction as the same landscaping theme that was decided upon for the Highway 111 perimeter would be carried throughout the entire project as well as the perimeters along Auto Center and La Quinta Drives. Committee Member McCune recommended that the applicant re- face the service exit on the north side the same way as the entrance on the south side. He said he was very pleased with the proposed design on the south entrance and found it was important to have signage along Highway 111 as it would give the dealership more exposure. Committee Member McCune asked for more information on the proposed aluminum sunshades. Mr. Wagner replied the sunshades were not solid to the sky and had slated louvers which provided shade on the glass windows. They were placed above the doors and windows and were horizontal. Planning Director Johnson said the sunshades were very much like awnings, they are horizontal and project out approximately three -3- 253 Architecture and Landscaping Review Committee Minutes October 6, 2010 feet providing solar control along the east and south sides of the Cadillac building. He said staff had been discussing with the applicant to incorporate a little eyebrow of that awning above the service exit roll -up door, sticking out about twelve inches giving it some architectural depth. Committee Member Thorns said he would like to see enhancement of the landscaping along all perimeters of the proposed dealership at this time. He acknowledged the applicant had stated it would be better to wait until they have been given direction from the City, but he recommended that there is no delay for the landscape improvements. He briefly discussed the poor condition of the existing landscaping at the site. Planning Director Johnson said the landscaping improvements for this project were very minor. He talked about the large amount of turf that was prevalent along Highway 111 and the City's plans to convert it to desertscape through the Highway 111 re -design project. He said staff agreed with the applicant that it would be better to hold off and address the landscaping at a later time in order to ensure that their landscaping would have a consistent theme that matched what would go along Highway 1 1 1. Committee Member Thorns asked who was in charge of the Highway 111 re -design project. Staff replied Ron Gregory and Associates is working with the City on the re -design project and RGA Consulting would be involved in the implementation process. Planning Director Johnson said staff agreed with the Committee's comments that the landscaping needed to be addressed, but felt that timing -wise, it was better to wait and ensure continuity in the enhancement of Highway 1 1 1. Committee Member Thorns said he was surprised that the dealership was willing to open without addressing the landscaping along the Auto Center Drive and La Quinta Drive perimeters. He said these two streets, though located behind Highway 1 1 1, were in fact the front door to the dealership. He asked about the presumed timing for the completion of the re -design project. Planning Director Johnson replied the design concept is expected to be completed within the next ninety days. Thereafter, the City would have to closely work with all three dealerships along Highway 111 and schedule the design implementation. Architecture and Landscaping Review Committee Minutes October 6, 2010 Discussion followed regarding the multiple owners that would be affected by the Highway 111 re -design project and the comprehensiveness of the project which incorporated not only landscaping, but vehicle displays and signage as well. Committee Member Thorns suggested the applicant should clean up and maintain the perimeter landscaping and the palm trees until the improvements could be implemented. Planning Director Johnson said the Committee could make that recommendation to the Planning Commission for consideration. Discussion followed regarding the landscape maintenance issues associated with the site. Committee Member McCune asked if the City's Public Works Department would be working with RGA Consulting on the implementation of the re -design project. Planning Director Johnson replied both, Planning and Public Works Departments, would be closely involved. Committee Member McCune asked if RGA Consulting would be responsible for the dealerships' perimeter landscaping along Highway 111 as well. Staff replied all three dealerships would have to submit Final Landscaping Applications with the Planning Department for the proposed improvements and explained the review and approval process. Committee Member Arnold said that keeping the landscape uniform all across Highway 111 would make a big difference and would look very nice. Discussion followed regarding staff's and RGA Consulting joint efforts on the re -design project, the types of trees that would be appropriate to use in order to provide shade and not obstruct the line of sight, etc. Committee Member Thorns asked if the Highway 111 re -design project would affect privately owned property. Planning Director Johnson replied the only private property that would be affected would be the three dealerships and the developer of that complex. He said at this time the City was not putting any obligation onto the dealerships, but once the re -design was completed, it was expected -5-�16, Architecture and Landscaping Review Committee Minutes October 6, 2010 that they try to incorporate the design onto their site's other street frontages. Further discussion followed between staff and the Committee regarding the implementation process and the areas that would be affected. Mr. Hastings said the applicant was more than willing to adopt and integrate the re -design concept onto their perimeter landscape and was committed to ensure that it would be properly maintained. Committee Member Arnold asked if it was the applicant's intent to carry the same design concept all throughout the entire dealership property, such as the islands, etc. Mr. Wagner replied it would all depend on the heights and tree treatments. He explained that due to the high maintenance of the cars, it was necessary to architecturally ensure that the sprinklers would not be spraying the cars or the trees would not be dropping sap on them, etc. There being no further discussion, it was moved and seconded by Committee Members McCune/Thoms to adopt Minute Motion 2010- 003, recommending approval of Site Development Permit 2010-915 as submitted, with staff's recommendations, and with the recommendation to have the existing landscape cleaned up and appropriately trimmed and maintained. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: None. Vill. PLANNING STAFF ITEMS: A. Planning Commission Update Planning Manager Sawyer said staff was continuing to work on the General Plan Update and would be bringing updates regarding relevant design and landscape issues to the Committee, probably some time in the upcoming spring. B. Discussion of Joint Council Meeting Items (Scheduled for November 9, 2010) Architecture and Landscaping Review Committee Minutes October 6, 2010 Planning Director Johnson said the annual Joint Council Meeting with the various Commissions and Committees was scheduled to be held on Tuesday, November 9, 2010. He explained that both, the Planning Commission and the Committee, since the Committee reported to the Planning Commission, would be attending the meeting together from 5:00 p.m. until 6:00 p.m. Committee Member Thorns asked to be notified of the meeting details. Planning Director Johnson asked the Committee to submit any topics they might like to discuss with the City Council during the Joint Council Meeting to the Planning Department no later than October 12, 2010. Committee Member Thorns said he would like to get more information on a re -design project of the Highway 111 and Washington Street intersection. Staff replied there were preliminary discussions about possibly implementing a triple left lane northbound on Washington Street to facilitate the movement of traffic onto Highway 1 1 1 west. Staff noted one of the impacts of the triple left lane would be that the entrance to the La Quinta Village Shopping Center from Washington Street northbound would be blocked off and the shopping center would only be accessible from the Highway 1 1 1 and Plaza La Quinta intersection. Committee Member McCune asked staff to e-mail him an electronic copy of the minutes from last year's annual Joint Council Meeting. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Thoms/Arnold to adjourn this meeting of the Architecture and Landscaping Review Committee to a Regular Meeting to be held on November 3, 2010. This meeting was adjourned at 11:45 a.m. on October 6, 2010. RespectfPlly su itted, MONIKA RAhEVA Secretary 257 Department Report: % - A a uu2�`q, rF Y.t• w OFT9 TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager, Management Services;. DATE: November 16, 2010 SUBJECT: Department Report - Response to Public Comment The following public comments were made at the November 2, 2010 City Council meeting: 1. David McGregor, La Quinta Palms, stated he has research from the County of Riverside regarding the cost to purchase fourteen homes on the north side of Fred Waring Drive. Mayor Adolph replied he had also received correspondence from Ms. Sills with regard to this issue. 2. Nancy Kever, 79-401 Horizon Palms Circle, La Quinta Palms, submitted a petition from the residents of La Quinta Palms objecting to the three plans the County of Riverside has presented for widening Fred Waring Drive. NOVEMBER 16 DECEMBER 3 DEPARTMENT REPORT: .3— A CITY COUNCIUS UPCOMING ANTS CITY COUNCIL MEETING MAYOR'S CUP GOLF TOURNAMENT DECEMBER 3 CHRISTMAS TREE LIGHTING AT OLD TOWN (6:00 PAt) DECEMBER 5 GREEN COMMUNITY WORKSHOP AT FARMER'S MARKET (8:00-12:30) DECEMBER 7 CITY COUNCIL MEETING DECEMBER 9 HOLIDAY OPEN HOUSE (11:30 -1:30) DECEMBER 21 CITY COUNCIL MEETING JANUARY 4 CITY COUNCIL MEETING JANUARY 14 PILLAR OF THE COMMUNITY AWARDS JANUARY 17-23 BOB HOPE CLASSIC GOLF TOURNAMENT JANUARY 18 CITY COUNCIL MEETING o_ �250) LA QUINTA CITY COUNCIL MONTHLY CALENDAR November 20 10 2 3 4 5 6 10:00 AM Transp- 3:00 PM City Council 11:00 AM CVCC-Sniff Henderson Meeting 12:00 PM Energyl 6:00 PM IID Energy 192=L Environ.-Sniff Cmte-FranklinQP 6:00 PM Volunteer Police & Firefighters Annual Election Day Dinner 8 9 10 11 I 12 � 3 10:00 AM Pub. Sfty- 5:00 PM Special Joint 9:00 AM RCTC- Henderson City Council/ Henderson 3:00 PM Mtns. Commission Meeting 4:00 PM Investment Consversancy -Franklin 7:00 PM Planning Advisory Board Veterans Day 15:30 PM Community Commission CITY HALL CLOSED Services Commission 6:00 PM League - Henderson 14 15 16 17 18 19 20 3:00 PM City Council 10:00 AM Homelessness 9:30 AM Animal Campus 9:00 AM CVA-Evans Meeting Cmte.-Franklin Comm -Franklin 12:00 PM HCRC-Franklin 3:00 PM Historic Preser- vation Commission 21 22 23 24 25 26 27 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM Sunline-Adolph Henderson Commission 4 4 Thanksgiving Day Thanksgiving Holiday (City Hall CLOSED) (City Hall CLOSED) 28 29 30 October December S M T W T F S S M T W T F S 1 2 1 2 3 4 3 4 5 6 7 8 9 5 6 7 8 9 10 11 10 11 12 13 14 15 16 12 13 14 15 16 17 18 17 18 19 20 21 22 23 1 24 25 26 27 28 29 30 9 20 21 22 23 24 25 31 26 27 28 29 30 31 Printed by Calendar Creator Plus on 11/9/2010 "„, .. 01*0 LA QUINTA CITY COUNCIL MONTHLY CALENDAR December 2010 2 :3 4 November 10 January 11 12:00 PM Mayor's Lunch S M T W T F S S M T W T F S i_...3. 4 .... _._... 7 8 9 10 11 12 13 2 3 4 5 6 7 8 14 15 16 17 18 19 20 9 10 11 12 13 14 15 22 23 14 25 26 27 i 21 16 17 18 19 20 21 22 28 29 30 23 24 25 26 27 28 29 _ ...- 30- - 31.... _ - Mayor's Cup Golf To...I 5 6 .7 8 9 10 8:00 AM • 12:30 PM 6:00 PM CVAG Exec. 3:00 PM City Council ( 9:00 AM RCTC• 11:30 AM Holiday Open Green Community Cmte • Adolph ! IIII Meeting Henderson House WorkshoplFarmer's 6:00 PM 110 Energy I4:00 PM Investment Market Cmte•Franklin I I Advisory Board j 12 13 14 15 16 [17 �8 5:30 PM Community 7:00 PM Planning 2:00 PM J.Cochran Rog. 3:00 PM Historic Preset- 9:00 AM CVA•Evans Services Commission Commission Airpart•Franklin vation Conunission 6:00 PM League. Henderson i i i 19 20 21 122 23 24 25 3:00 PM City Council 12:00 PM Sunl)ne•Adalph Christmas Eva Holiday Meeting Observed (City Hall0 Closed IQ Day) Christmas Holiday { Christmas Day Observed (CITY HALL i CLOSED) 26 27 28 29 30 3 10:AM RCTC Budget 7:PM Planning New Years Eve Holiday p Henderson Commission Commission Observed (City Hal 6 Closed 112 Day) New Years Day Holiday Observed (CITY HALL CLOSED) Printed by Calendar Creator Plus on 11/9/2010 LA QUINTA CITY COUNCIL MONTHLY CALENDAR January 20 11 New Years Day 2 3 4 5 6 7 j8 10:00 AM Transp- Henderson 6:00 PM IID Energy Cmte-Franklin I I 9 10 11 12 13 14 �15 10:00 AM Pub. Sfty 7:00 PM Planning 9:00 AM RCTC- 9:30 AM Animal Campus - Henderson Commission Henderson Franklin 3:00 PM Mtns. 11:00 AM CVCC-Sniff Consversancy-Franklin 12:00 PM Energy/ 5:30 PM Community Environ.-Sniff Services Commission 6:00 PM League. Henderson 16 17 18 19 20 21 22 10:00 AM Homelessness 3:00 PM Historic Preser- 9:00 AM CVA-Evans Cmte.-Franklin vation Commission 12:00 PM HCRC-Franklin Martin Luther King's Birthday (CITY HALL CLOSED) Bob Hoe Classic 23 24 25 26 27 28 29 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM Sunline-Adolph 9:00 AM LAFCO- Henderson Commission Henderson Bob Hope Classic I I 30 31 6:00 PM Exec Cmte.- Adolph December 10 February 11 S M T W T F S S M T W T F S 1 2 3 4 1 2 3 4 5 5 6 7 8 9 10 11 6 7 8 9 10 11 12 12 13 14 15 16 17 18 13 14 15 16 17 18 19 19 20 21 22 23 24 25 20 21 22 23 24 25 26 26 27 28 29 30 31 27 28 Printed by Calendar Creator Plus on 11/9/2010 "ON -" �? 6,;_ DEPARTMENT REPORT: 3--3 0 ce �y�'1 nrarnn ¢�h OF TO: Honorable Mayor and Members of the City Council FROM: Veronica J. Montecino, CMC, City ClerU. # DATE: November 16, 2010 /UU SUBJECT: January 4, 2011 City Council/Redevelopment Agency Meeting The first regular meeting in January 2011 for the City Council and Redevelopment Agency is scheduled to be held on January 4, 2011. Due to the Christmas and New Years Holidays, City Hall is closed a half day Thursday, December 23, and all day Friday, December 24, 2010, for the Christmas Eve/Day holiday; and a half day Thursday, December 30, and all day Friday, December 31, 2010, for the New Year's Eve/Day holiday. If it is the Council's desire to hold the first meeting in January 2011, it may be necessary to modify the schedule for processing staff reports in order to distribute the packets either on Wednesday, December 29 or on Thursday, December 30, 2010, by noon. If the Council wishes to cancel the meeting, direction should be given to the City Clerk to prepare and post a Notice of Cancellation for the January 4, 2011 City Council and Redevelopment Agency meetings. Staff would appreciate receiving direction from the City Council regarding the first City Council/Redevelopment Agency meeting of January 2011. Department Report: a, o44; o� G� OFT9 TO: The Honorable Mayor and Members of the City Council FROM: Veronica J. Montecino, CMC, City Clerk DATE: November 16, 2010 SUBJECT: Department Report - Appointment of a Representative to the Coachella Valley Mosquito & Vector Control District Robert Cox's term on the Coachella Valley Mosquito & Vector Control District (CVMVCD) Board of Trustees will be expiring on January 1, 2011. Mr. Cox was appointed to the Board at the December 16, 2008 City Council meeting for a two-year term beginning January 1, 2009. The City Council must either appoint a new trustee or reappoint Mr. Cox as the city representative on the Board prior to the expiration of his term. The new two-year term will begin at noon on the first Monday in January 2011. Health and Safety Code Section 2022(d) provides that persons appointed to the Board should have "experience, training, and education in fields that will assist them in the governance" of the District. Staff is requesting direction from the City Council regarding the appointment to the CVMVCD Board of Trustees. I+ ♦ . 2`1i DEPARTMENT REPORT: 4 m-GiA.14M. L M�rA_A -.'d TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety DATE: November 16, 2010 RE: Department Report — October, 2010 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of October. The statistical summaries depict the following highlights: • Year-to-date building permit valuation is $32,402,282 which represents an issuance of 164 building permits in October; • Animal Control handled 371 cases in October; • Code Compliance initiated 165 cases in October; • Garage sale permits generated $1630 revenue in October. ZP 5 M O O O ri 0, N M M M M qT T4 N t0 r1 er M _ 01 00 Tq _ N N n o to o ao ri a n n n o 4 mp IV�1 t0 n N 01 M ri n rf IA Ln O M N! ri t0 N' O N M 74 N n 7 L i Ln N t0 ri O 01 n f. 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Z d 0 Q. C () 0. m Q.��.o 0) O_ W IDZ IDy f/i N �0 W Q 0 Q ono i }. O p 0 .-� 0 O Q cn0 C) �o o Jcn0 �o 00w F-�C) z .-� O LLUJQG LL W (/� J t)acnU Nco0 W =cn0 Ncn0 JgrnO IL z > m m 0C0x DEPARTMENT REPORT: - s0jc cam' Otis TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Director DATE: November 16, 2010 SUBJECT: Community Services Department Report for October 2010 Upcoming events of the Community Services Department for December 2010: Dance *Dance Workshop Hawaiian Culture & Hula 9-17 yrs, La Quinta High School Hawaiian Culture & Hula 18 & up, La Quinta High School Exercise & Fitness *Morning Workout *Mat Pilates Yoga AM, Library Yoga PM, Museum Jazzercise, Senior Center Zumba, Senior Center Tai Chi Qi Gong, Fitness Center Walking Equals Long Life (W.E.L.L.), La Quinta Park Free Programs *Quilters *Life Experience *Woodcarvers Free Lecture Series Fibromyalgia, Senior Center Sports USMA Mixed Martial Arts, B&G Club Tennis Lessons for Children & Adults Holiday Disc Golf Tournament, Civic Center Campus Special Events *Holiday Luncheon *Evening Dance Christmas Tree Lighting, Old Town La Quinta Breakfast with Santa, Senior Center *Senior Center class or activity ...? 7 0 Program Community Services Department Attendance Report for the Month of October 2010 Summary Sheet 2010 2009 Variance Sessions Per Month 2010 2009 Leisure Classes 167 175 -8 81 136 Special Events 1015 400 615 5 1 Sports 336 227 109 19 22 Fitness Center 645 866 -221 26 27 Senior Center 1680 1437 243 129 113 Total 3,843 3,105 738 260 299 Senior Services Senior Center 386 376 10 14 29 Total 386 376 10 14 29 Sports User Groups La Quinta Park Use AYSO 1500 1500 0 23 24 Desert Boot Camp 50 50 0 10 8 LQ Rugby Club 25 0 25 12 0 Col. Paige School AYSO 300 270 30 7 5 CV Revolution 25 0 25 8 0 Sports Complex PDLQ Football 150 220 -70 6 7 LQ Sports & Youth 60 160 -100 16 25 Facility/Park Rentals Senior Center Private Part 0 0 0 0 0 Churches-2 750 600 150 10 8 Museum Meeting Room 60 120 -60 1 2 Mtg. Room/ Courtyard 60 0 60 1 0 CSUSB Osher 15 0 15 2 0 Library Classroom 360 540 -180 6 9 Civic Center Campus Private Part 50 0 50 1 0 Park Rentals La Quinta Park 200 100 100 4 2 Fritz Burns Park 100 0 100 2 0 Total 3,705 3,560 145 109 90 Total Programs I 7,934 7,041 8931 383 418 Volunteer Hours Senior Center 2691 465 -196 Total Volunteer Hours 2691 465 -196 ,271 Community Services Program Report for October 2010 2010 2009 2010 2009 Participants Participants Variance Meetings Meetings Leisure Classes Fighting For Fitness 15 0 15 8 0 Ballet/ Jazz 3 4 -1 3 1 Ballet/ Tap 10 5 5 5 8 Hawaiian Hula 9 0 9 4 0 Computers - Beg. 7 6 1 2 3 Inter. Computers 10 0 10 1 0 Dance, Play, & Pretend 12 3 9 4 5 Tai Chi Qi Gong 5 6 -1 8 9 Zumba 16 21 -5 8 9 Relaxing Movements 5 13 -8 4 7 Yoga - Morning 11 0 11 4 0 Yoga - Evening 7 0 7 4 0 Microsoft Word 4 4 0 1 3 Guitar - Beg. 16 20 -4 3 5 Guitar - 2nd Level 5 0 5 2 0 Italian For Everyone 7 10 -3 3 3 5 Keys to Anti -Aging 6 0 6 1 0 Jazzercise 12 12 0 8 13 Body Sculpting 7 8 -1 8 10 Totals 167 112 55 81 76 2010 2009 2010 2009 Participants Participants Variance Meetings Meetings Special Events Moonlight Movies in Old Town 150 0 150 1 0 Portal of Poppies Dedication 65 0 65 1 0 Fire Station #32 Dedication 200 0 200 1 0 Halloween Pet Parade 200 0 200 1 0 Halloween Carnival 400 400 0 1 1 Totals 1015 400 615 5 1 2010 2009 2010 2009 Participants Participants Variance Meetings Meetings Sports & Fitness Open Gym Basketball 173 125 48 12 13 Open Gym Volleyball 58 67 -9 4 5 Fitness Center 645 866 -221 26 27 Zumba Master Class 81 0 81 1 0 W.E.L.L. Walking Club 9 0 9 1 0 Nature Walk 15 0 15 1 0 Totals 981 1058 -77 45 45 Community Services Totals 1 2,1631 1,5701 5931 1311 122 of / Monthly Revenue Report for October 2010 Monthly Revenue - Facility Rentals 2010 2009 Variance Libra $ - $ 150.00 $ 150.00 Museum $ 420.00 $ 450.00 $ 30.00 Senior Center $ 2,705.00 $ 2,912.50 $ 207.50 Parks $ 635.00 $ 60.00 $ 575.00 orts Fields $ 3,232.00 $ 402.50 $ 2,829.50 monthlyFacility Revenue r $ 6,992.00 1 $ 3,975.00 $ 3,017.00 Monthly Revenue Senior Center $ 4,251.00 $ 6,189.50 $ 1,938.50 Community Services $ 5,271.00 $ 3,406.00 $ 1,865.00 La Quinta Resident Cards $ 4,900.00 $ 2,205.00 $ 2,695.00 Fitness Cards $ 375.00 $ 465.00 $ 90.00 Total Revenue $ 14,797.00 $ 12,265.50 $ 2,531.50 Revenue Year to Date Facility Revenue $ 18,292.00 $ 15,131.50 $ 3,160.50 Senior Center * $ 12,896.50 $ 28,860.50 $ 15,964.00 Community Services $ 20,411.00 $ 20,655.00 $ 244.00 La Quinta Resident Cards $ 14,490.00 $ 6,900.00 $ 7,590.00 Fitness Cards $ 1,950.00 $ 2,335.00 $ 385.00 Total Revenue to Date $ 68,039.50 $ 73,882.00 $ 5,842.50 " The City received a $10, 000 donation from David Orme's Trust which was used to update the La Quinta Senior Center computer lab. -�73 Senior Center Attendance Senior Center Program Report for October 2010 Participation Participation Variance Meetin s meetings 2010 2009 2010 200 Senior Activities ACBL Bride 225 226 -1 4 4 Bridge, Social/Party"" 329 456 -127 15 17 Afternoon Dance 16 33 -17 1 1 Health Fairs (wellness Connection & Annual) 376 180 196 2 2 Monthly Birthday Party 48 43 5 1 1 Monthly Luncheon (Halloween) 90 98 -8 1 1 Movie Time 49 68 -19 4 5 Tennis 202 40 162 8 3 Wii Bowling 19 0 19 4 0 Senior Activity Total 1354 1144 210 40 34 Senior Leisure Classes Arts & Crafts 3 9 -6 1 1 Computers 24 12 12 9 8 Ceramics 7 0 7 4 0 Dog Training 9 6 3 4 3 Exercise 38 33 5 13 13 Golden Tones 37 42 -5 3 3 Hooked on Loops 4 5 -1 4 4 Mat Pilates 15 9 6 13 12 Mature Driver 11 9 2 1 1 Quilters 30 14 16 4 5 Sketch/Draw 13 0 13 4 0 Swing/Latin Fusion 6 8 -2 1 4 Tai Chi for Health 2 0 2 3 0 Tap 8 0 8 4 0 Ukulele Players 67 16 51 9 7 Watercolor 11 12 -1 4 4 Woodcarvers 31 34 -3 5 5 Yoga for Health 10 0 10 3 0 Senior Leisure Classes Total 326 209 117 89 70 TOTAL SENIOR PROGRAMS 1680 1353 327 129 104 Senior Services Cool Center 44 15 29 13 7 Skin Cancer Screening 14 0 14 1 0 FIND 236 199 37 5 5 HICAP 19 49 -30 5 7 Legal Consultation 5 6 -1 1 1 LIHEAP Weatherization 2 0 2 1 0 FREE Seminars/Presentations/Screenings (4)* 26 18 8 2 6 Volunteers 40 56 -16 n/a n/a TOTAL SENIOR SERVICES 386 343 0 14 19 SENIOR CENTER TOTAL 2066 1696 3271 1431 123 *Included: Look Who's In The Lobby: Maxium Health Care & Esser Air Conditioning; Who Dunnit Book Club, Scrapbooking and Life Experiences. **1 day short due to Afternoon Dance 4111, 12 7Y Parks Activities Updates For October 2010 All of the parks were over -seeded. Pioneer Park is currently closed and under construction for a new parking lot, dog park expansion, park lighting, and additional shade structures in the dog park and over the playground. Pioneer Park will be over -seeded prior to the Park reopening this winter. Fritz Burns Dog Park will be over -seeded after Pioneer Park reopens. Currently, all dog park users are being asked to use the Fritz Burns Park until the completion of Pioneer and Seasons dog parks. 33 sports field lights were replaced at the Sports Complex. There are over 200 lights for the fields and each year approximately 30 are replaced. Due to the height of the poles, a lighting company with a boom truck is hired to perform the replacement. A temporary restroom has been installed at the Sports Complex to service the youth sports associations during the renovations to the Sports Complex Core Area. These renovations are scheduled to be completed in December 2010. The fields and field lighting will continue remain open to the youth sports organization during the renovations. New tennis nets have been installed at Fritz Burns Park. The old nets (installed in 2008) were kept as spares to insure all of the courts will remain open through the fall, winter, and spring seasons. Since the fire station construction is mostly complete, all of the tennis lighting has been returned to full operation. The lights for the tennis courts now have their own dedicated source so the lighting will no longer be affected by the electrical systems at the fire station or the maintenance yard. The interactive water feature at La Quinta Park has been shut -down until next spring. Each year, the water feature is closed at the end of October because of the cooler weather. Staff will be working through the winter season to make improvements to the water feature before it opens again in the spring of 2011. Department Report: ? OF Tt TO: The Honorable Mayor and Members o the City Council FROM: Les Johnson, Planning Directo DATE: November 16, 2010 SUBJECT: Department Report for the Month of October 2010 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of October. 1 27e H z w cc Cj- w z_ z z Q J d I-- m a O W 0O N � m z W W m O CC Q U a O w 0 0 LLJ a m U (� w Cl) O w a a a a a a a a a a a a a a a a a a a a a Q W ai ai ( a) a) a) () a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a 4� +' +J +J +J +J +J +J +J +J +J +J +J +J +J +J +J +J 4- +J U _ E +�+_+_+J+_+_j+_+-j+a+-J4 +_+ +_ +=+_+_ a E E E E E E E E E E E E E E E E E E E E E o o -0 .Q -0 .0 -0 -0 .0 -0 -0 -0 .O .0 -0 .O .Q .0 -0 -0 -0 -0 .0 W z 0 7 7 0 0 7 0 0 7 7 7 0 7 0 7 0 7 O z Q () a) N N N N N N N N N N N N N N N N N N N N N J Q Q 0 0 0— 0 r-- — O N O O EY) O O O O O LO O O O G) a N Z Q z O w Y H t O a LU E- N U 9L N Z C >- U) C +J c c - ca Cn E aa)) E U)a)CL C E ca -0 O N co E :.i ` N +NJ CL a` co a +V+ O a) E C Q N C w d E E �yaaQa�Em�� °' L)00N� Q 0 d. 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C a L U +O+ +O+ L O a) c:<L)0Lu 027 - n iT)w - l- I- >NN HH-' . 4 U �_ aD 1 'o L (a N +J O a� o E a. 0 0 m aD t > +.j o 4 am O oc co CU o .� 4- U d c cv O J O N U O +� 4- L O C 4-- 0 c - M �a E o E a O O N N L > � o > O a� m +- � O c }, O O N N a�Eo �z DC a a ��M DEPARTMENT REPORT: 0 ,, o' Qamrru OF GowS MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, P.E., Public Works Director/City Engineer DATE: November 16, 2010 SUBJECT: Public Works Department Report for November 2010 Attached please find the following: 1 . Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. 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Mg. Code Activity 5 Men 4 Men 3 Men 1 Man Total 1000 Policing/Inspection 37 87 5 6 135 1001 Pot Hole -Repair/Patching 4 4 0 0 8 1002 Crack/Joint-Repair 2 01 0 0 2 1003 Pavement Marking/Legends 0 13 0 0 13 1004 Pavement Marking/Striping 0 9 0 0 9 1005 Curb Painting 0 0 0 0 0 1006 Other Traffic Controls 6 29 01 0 35 1007 Curb & Gutter Repair/Const. 0 0 01 0 0 1008 Other Concrete Repairs/Const. 0 0 01 0 0 1009 Street Sign Install (New) 9 0 01 0 9 1010 Street Sign Repair/Maint 82 6 0 2 90 1011 Debris Removal 36 44 9 2 91 1012 Right of Way Maint. 9 4 100 0 113 1021 CLEAN Catch Basin Inlet/Outlet 9 2 0 0 11 1022 Rondo Channel Outlet/Vault 2 0 01 0 2 1022A Desert Club Outlet/Vault 0 0 0 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 0 0 0 1 1 1024 Gutter/Median Sand Removal 0 0 0 0 0 1025 Street Sweeping (Machine) 0 148 0 0 148 1026 Street Sweeping (Hand) 0 01 0 0 0 1027 Sidewalk/Bike Path Cleaning 2 2 0 0 4 1028 Dust Control 0 0 0 0 0 1029 Flood Control 14 18 0 2 34 1031 Parks/Retention Basins Inspection/Clean- 2 0 64 0 66 1041 Irrig/ Weeding, Shrubs & Tree Trimming 58 14 188 5 265 1051 Landscape/Irrigation Contract Managemen 0 0 121 13 25 1052 Lighting/Electrical Contract Management 0 0 21 11 32 1061 Small Tools Repair/Maint. 0 0 0 0 0 1062 Equipment Repair/Maint. 1 1 0 0 2 1063 Vehicle Repair Maint. 9 33 3 0 45 1081 Trash/Litter/Recycable Removal 0 1 191, 0 20 1082 Vandalism Repairs 0 6 01 0 6 1083 Graffiti Removal 167 57 0 11 235 1084 Maint. Yard Building Maint. 83 25 61 20 134 1085 Seminars/Training 18 21 9 2 50 1086 Special Events 0 0 0 0 0 1087 Citizen Complaints/Requests 142 36 2 0 180 1088 Meeting 11 23 15 19 68 1089 Office (Phone, paper work, reports, Misc.) 38 25 91 53 125 SUBTOTAL 741 608 462 1471 1958 1091 Over Time 15 14 0 0 29 1094 Jury Duty () 0 0 0 0 0 1095 Sick Leave 34 24 0 13 71 1096 Vacation 25 8 18 0 51 1097 Holiday 0 0 0 0 0 1098 Floating Holiday 0 0 0 0 0 1099 Worker Comp/ Bereavement/ STD 0 0 0 0 0 SUBTOTAL 74 46 18 13 151 TOTAL HOURS 8151 6541 4801 1601 2109 TOTAL MILES 1 42071 34621 23361 1551 1 10160 Department Report: I g.lu 1,#LICL i I I I I III, Served b_v, the Riverside Gournts Sherffs Depaftert Police Department Monthly Report October 2010 Prepared for La Quinta Police Department SIGNIFICANT ACTIVITY REPORT Captain Raymond Gregory Chief of Police Friday. October 1. 2010 12:46 AM — Special Enforcement Team officers conducted a traffic stop on Ave. 50 and Park. Gustavo Castaneda, age 23 of La Quinta, was arrested for a domestic violence warrant and booked into the Indio Jail. 8:42 AM — Officers were dispatched to the 81100 block of Avenue 54, in reference to a report of an individual brandishing a weapon. The victim stated he was parked his vehicle at the entrance of Griffin Ranch when a second vehicle pulled up. The vehicle was occupied by three adult males. One of the passengers exited the vehicle and as he walked towards the victim he simultaneously placed a black colored bandana over his face and lifted up his shirt and exposed a firearm. The victim accelerated away from the location. The suspects were later stopped, and identified by the victim, in the area of Westward Ho and Adams. 2:22 PM — Officers responded to the 51200 block of Calle Guatamala reference a domestic violence call. Joshua Carabajal, age 23 of La Quinta, was booked into the Indio Jail for a restraining order violation. 6:15 PM — Special Enforcement Team officers conducted a probation search in the 81800 block of Shadow Hills, Indio. Victor Miguel Padilla, age 32 of Indio, was arrested for possession of methamphetamine for sales, child endangerment, committing a felony while out on bail, and violation of probation. Alexandra Crespin was arrested for child endangerment, possession for sales of methamphetamine, a felony warrant for fictitious checks, possession of stolen property, and providing false information. Their two children were released to Padilla's mother. Padilla and ' Crespin were booked into the Indo Jail. Saturday. October 2. 2010 12:15 AM — Officers arrested Bret Edwin Burgess, 27 years -old from La Quinta, for misdemeanor domestic battery in the 53100 block of Avenida Juarez. Burgess was booked into the Indio Jail. 2:07 AM -- Officers responded to a report of a traffic collision at Genoa x Torino. When they arrived they located an unoccupied vehicle that had collided with a curb. Investigation revealed the vehicle had been stolen during a residential burglary in Palm Springs. Inside the vehicle officers found a CA driver's license. Officers searched the area and located one adult male and two juvenile males on foot in the area. Based on statements and evidence located, all three suspects were arrested. The adult suspect was identified as Jose Oceguera, age 24 of Desert Hot Springs. Oceguera was booked at the Indio Jail. 3:43 AM — Officers responded to a DUI driver driving on the golf course inside PGA West. The suspect fled the area northbound on Jefferson Street. Officers located the vehicle facing south in the northbound lanes of Jefferson Street, north of Avenue 52. Carlos Lopez, 20 years -old from Coachella, was arrested for DUI and booked into the Indio Jail. 4:10 AM -- While investigating a DUI, a vehicle approached and parked behind the patrol cars. Officers made contact with the occupants of the parked vehicle and arrested Fabiola Vargas, 24 years -old from Coachella, for DUI and Raul Salas Reyes, 24 years -old from Indio, for public intoxication at Jefferson Street, north of Avenue 52. Both Vargas and Reyes were booked into the Indio Jail. 9:13 PM -- Officers contacted a subject sleeping at Adams Park. Preston Barger, age 20 from Missouri, was found to be in possession of Xanax tablets without a prescription. Barger was arrested for possession of narcotics and booked into the Indio Jail. F Sunday, October 3, 2010 ' 8:00 PM — Officers responded to a domestic disturbance in the 60400 block of Juniper Street. Trina Mary Lee, age 56 of La Quinta, was arrested for misdemeanor domestic abuse and booked into the Indio Jail. 10:07 PM -- Officers contacted two subjects on Avenida Rubio and Calle Montezuma. Vicente Valencia Garcia, age 19 of La Quinta, was arrested for public intoxication and booked into the Indio Jail. Monday, October 4, 2010 12:30 PM -- Officers conducted a pedestrian check of a 16 year old male juvenile in the Stater Brothers parking lot regarding truancy. It was learned that the juvenile was an unreported runaway from Indio. The juvenile claimed that he had been hanging out with a transient under the bridge on Washington St and Channel Dr. and that he has been selling drugs for the transient under threat of bodily injury. Officers located the transient, Anthony Flores, age 44, and found him to be in possession of drug paraphernalia. Additional information was developed indicating the male juvenile reported he had been sexually assaulted by Flores. Investigation is continuing. 5:00 PM -- Officers responded to a report of a child molestation with the juvenile being at JFK Hospital. The mother of the child said her 2 1 /2 year old daughter told her that her step -mother had inappropriately touched her. The alleged incident occurred while the victim was at the father's residence for visitation. Initial interviews were conducted with both the mother and the father of the child. Child Protective Services was notified and the investigation is continuing. 5:00 PM -- High winds in the area caused numerous ringing alarms as well as downed trees across the valley. City of La Quinta personnel promptly responded and cleared the roadways. Tuesday, October 5, 2010 12:29 PM — Special Enforcement Team officers conducted a vehicle check at Hwy 111 & Dune Palms. Officers arrested Christopher Franco, age 34 of La Quinta, for an outstanding narcotic warrant and as a parolee at large. ' Dolores Pinela, age 34 of Indio, was also arrested for outstanding theft warrants. Both subjects transported to Indio Jail. Wednesday, October 6, 2010 5:25 PM -- Officers responded to a report of a traffic collision on Calle Tampico west of Washington. Investigation revealed that the incident was an attempted suicide. A male juvenile intentionally jumped out of a moving vehicle that was driven by his mother. The juvenile suffered injuries to his head and arm and was transported to Eisenhower Medical Center. 9:26 PM — Officers arrested Kevin Conrad, 33 years -old from La Quinta, for two felony burglary and vehicle theft warrants in the 45300 block of Birchcrest Drive. Conrad was booked into the Indio Jail. Thursday. October 7. 2010 9:47 AM — The School Resource Officer assigned to La Quinta High School received a report of a theft of a cell phone. The victim was using the cell phone when the suspect came up, shoved the victim, and took the phone. The suspect has not been located. 1:07 PM — Officers responded to the 53600 block of Avenida Madero regarding a stolen vehicle. Investigation revealed David Sanders arrived at the location and took a vehicle without the owner's permission. In the presence of officers, the victim called the suspect and was able to get him to return to the location. Davis Sanders, age 20 of La Quinta, was booked for vehicle theft and possession of stolen property. 1:11 PM -- Officers responded to Kohl's Department store regarding two suspects who had just exited the store without paying for merchandise. The two juvenile suspects were seen running east bound towards Adams Street. Both 'suspects were located hiding in the rear yard of a vacant residence in the 78900 block of Wakefield. tj 9:44 PM — Officers responded to a robbery in the 79700 block of Horizon Palms in La Quinta. Investigation revealed ' a female juvenile had been physically assaulted and her cell phone had been stolen. The suspect was located in the 45100 block of Desert Hills and was arrested for robbery and booked into the Indio Juvenile Hall. Friday, October 8, 2010 2:49 AM — Officers arrested Oscar Estrella, 28 years -old from Coachella, for DUI at Avenue 52 and Vista Bonita Trail. Estrella was booked into the Indio Jail. 12:00 PM -- Special Enforcement Team officers conducted a pedestrian check on Sonora at Villa. A male juvenile was arrested and booked for a no bail burglary warrant. Saturday, October 9, 2010 1:30 AM — Officers arrested Angelique Gillespie, 41 years -old from La Quinta, for DUI at Calle Tampico and Eisenhower Drive. Gillespie was booked into the Indio Jail. 2:00 AM — Officers arrested Matthew Parent, 26 years -old from La Quinta, for public intoxication at Palm Royale and Fred Waring. Parent was booked into the Indio Jail. 1:14 PM -- Officers responded to Eisenhower Medical Center, Rancho Mirage reference a victim of an assault. An adult male was being treated for a fractured jaw sustained the night before. The victim stated that he had and a friend had been jumped by approximately six subjects in the Beer Hunter parking lot Friday night. 4:30 PM — Officers conducted a vehicle check in the Kohl's parking lot. Peaches Marks, 38 years of Riverside, was arrested and booked for a felony embezzlement arrest warrant. Sunday, October 10, 2010 3:13 AM -- Officers conducted a. traffic enforcement stop at Highway I I I and Dune Palms. Octavio Gonzalez, 22 years -old of La Quinta, was arrested for driving under the influence and booked into the Indio Jail. 8:44 AM — Officers responded to a 911 call in the 78900 block of Bayberry Lane. Officers contacted Phillip Wilkes, age 20 of La Quinta, at the front door of the residence. Wilkes had a knife visible in his pants pocket. Officers took possession of the knife and attempted to get Wilkes to step out and speak with them. Wilkes became argumentative and refused to comply with the officers. A brief struggle ensued and Wilkes was taken into custody. 1:07 PM -- Officers responded to Colima Park, Eisenhower Drive and Calle Colima, regarding an assault at the location. The victim stated that Adrian Zamora, age 18 of La Quinta, had punched him in the face. Zamora, who had left the park, was located at his residence and admitted to driving to the park to assault the victim. The victim completed a private persons arrest and Zamora was booked for battery. Monday, October 11, 2010 4:23 AM -- Officers responded to the 47700 block of Dune Palms Road in reference to a report of a domestic disturbance. Viridiana Espinoza, 24 years -old of La Quinta, was arrested for misdemeanor spousal battery and booked into the Indio Jail. 4:10 PM — Officers responded to an unattended death in the 78800 block of Avenue 47. An adult female, 78 years of age, had been found deceased at the location. There were no signs of foul play and it appears the death was of natural causes. 6:00 PM — Officers were dispatched to the 79900 block of St. Hwy I I I regarding a possible brandishing of a firearm. Justin Schultz, 22 years -old of Indio, was contacted by officers and admitted to having a handgun under the front seat 'of his vehicle. A consent search was conducted and the weapon was located. During an infield lineup, the victim positively identified the vehicle and Schultz as the person who had raised a pistol while sitting in his vehicle next to aqa her. Schultz was arrested for brandishing a firearm in public and possession of a concealed firearm in his vehicle. Schultz was booked into the Indio Jail. Tuesday. October 12. 2010 4:48 AM -- Officers responded to the intersection for Highway I I I and Jefferson Street in reference to a female passed out behind the wheel of her vehicle. Jessica Duenow, 25 years of Palm Desert, was arrested for driving under the influence and booked into the Indio Jail. 7:00 AM -- Members of the Coachella Valley Narcotics Task Force served a narcotic related search warrant in the 50600 block of Eisenhower Drive. Officers located a large quantity of Schedule 2 prescription medications. Arrested was Cody Hancock, 20 of La Quinta, for possession of prescription medications for sale. Hancock was also charged for selling drugs within 1000 feet of a school. Task Force officers also recovered two firearms from the residence. Hancock was transported and booked at the Indio Jail. 5:47 PM — Officers responded to a report of indecent exposure in the 42800 block of Washington Street. Joseph Reynolds, 26 years of La Quinta, was placed under arrest and booked at the Indio Jail. Wednesday, October 13, 2010 8:15 AM -- Officers arrived at an address in the 50600 block of Calle Paloma regarding a report of a theft. Raymundo Hernandez, age 34 of Indio, was arrested without incident and confessed to the crime. He was booked into the Indio Jail. 3:33 PM — Officers were dispatched to a report of a robbery in the 46300 block of Roadrunner. The victim arrived home and entered the garage where he was immediately confronted by two males. No property was stolen. 5:02 PM — Officers investigated a report of a suicide threat at an unknown location in La Quinta. Information was received allowing officers to make contact with the subject via the internet. He advised the he was okay and didn't want to make personal contact with an officer. The subject wouldn't provide any further information. Thursday. October 14. 2010 3:25 PM -- Officers responded to the 50900 block of Washington Street in reference to a fraudulent prescription. The reporting party stated that the subject had called in a fraudulent prescription and was to pick up the prescription the following day. Officers advised the reporting party to call the police if the subject arrived at the location to pick up the prescription. Friday, October 15, 2010 11:55 AM — Officers were dispatched to investigate a sexual assault that reportedly had taken place at an unknown location in La Quinta. The victim initially called from her residence in Palm Springs and the Palm Springs Police Department then contacted the La Quinta Police Department. Investigation of this incident is ongoing. 2:03 PM -- Officers returned to the 50900 block of Washington Street regarding a fraudulent prescription investigation. Brian McGuire, age 29 of Indio, was at the location attempting to pick up a fraudulent prescription. McGuire admitted to being at the business for the sole purpose of picking up medication with a forged prescription. McGuire also admitted to using a forged prescription several times in the past. McGuire was arrested for commercial burglary and prescription fraud and booked into the Indio Jail. 10:07 PM -- Special Enforcement Team officers arrested Victor Elizarraraz, age 19 of North Shore, at Adams Park for possession of methamphetamine. Elizarraraz was booked into the Indio Jail. Saturday, October 16, 2010 7:48 AM — Officers were dispatched to the 78400 block of Calle Remo regarding a "large black panther" sighting. Several officers, including Fish and Game and La Quinta Animal control, responded and were unable to locate the animal. 9:31 PM — Special Enforcement Team officers arrested Luis Jamie Orozco, age 19 of La Quintaa, for public intoxication at Avenida Martinez and Calle Nogales. He was taken into custody and booked into the Indio Jail. 9:45 PM — Officers conducted a vehicle stop on William Stone Way at Liberty. The driver, Oziel Argandona, 18 years of Indio, was arrested for possession of ecstasy. Jose Gutierrez, 19 years of Indio, was arrested for possession of ecstasy and Saul Moreno, 18 years of La Quinta, was arrested for possession of cocaine. All three suspects were booked into the Indio Jail. 11:40 PM — Officers were dispatched to Eisenhower Dr. x Calle Colima regarding a report of a fight in progress at the park. When officers arrived several subjects were in the area, however, no one was fighting. Two juveniles were cited for curfew violations. One juvenile was found to be in possession of a very real looking cap gun. Sunday, October 17, 2010 2:00 AM -- Officers responded to a report of a disturbance between a cab driver and his fare at Washington x Palm Royale. Zachary Holliday, 43 of La Quinta, was arrested and booked for public intoxication. 11:45 PM — Officers conducted a traffic enforcement stop at Calle Tampico and Washington Street. Ashlee Crandall, 31 years -old of La Quinta, was arrested for driving under the influence and booked into the Indio Jail. Monday, October 18, 2010 2:00 AM — Officers conducted a traffic enforcement stop at Palm Circle Drive and Jefferson Street. Edward IRodriguez, 44 years -old of Tacoma, was arrested for driving under the influence and booked into the Indio Jail. 10:40 PM — Special Enforcement Team officers conducted a pedestrian check on Hwy I I I x Dunes Palms Rd. Sidney Benavides, 43 years -old of Indio, was arrested for an outstanding felony narcotic warrant. Benavides was booked into jail. Tuesday, October 19, 2010 7:45 AM — Officers conducted a traffic enforcement stop at Miles Avenue and Jefferson Street. Aaron McCollum, 41 yrs of Thousand Palms, was arrested for a DUI warrant. 11:00 AM —Officers responded to the 78100 block of Ave La Fonda regarding a domestic disturbance call. Michael Lewis, 44 yrs of Palm Desert, physically assaulted his girlfriend and fled the location. Lewis was located at his residence in the 72800 block of Homestead, Palm Desert. Lewis was arrested for felony domestic battery. 12:48 PM -- After conducting a vehicle stop at Washington St and Calle Tampico, officers arrested Shylo Ashwood, 32 of La Quinta, for possession of narcotics without a prescription. Ashwood was booked into the Indio Jail. 4:00 PM — Special Enforcement Team officers assisted the Coachella Valley Gang Task Force and officers from the Indio Police Department in the service of a search warrant in the 53300 block of Avenida Carranza. The warrant was served without incident and a person of interest was located inside the residence. 4:30 PM -- Officers responded to a report of a theft that had just occurred at a business in the 78900 block of Hwy 111. Loss Prevention personnel followed the suspect vehicle into the city of Palm Desert where it was stopped by officers. Taken into custody for burglary was Isidoro Torres, 26 of Desert Hot Springs, Deangelo Sousa, 43 of Desert Hot Springs, Jose Machado, 21 of Desert Hot Springs and Candy Jimenez, 26 of Desert Hot Springs. '4:39 PM -- Officers located a stolen vehicle in the 84000 block of Lingayan Ave. in the unincorporated area of Indio. The vehicle had been stolen from a La Quinta residence earlier in the day. Officers contacted Marissa Guarista, age 20 a�,y of Palm Desert, and she was found to be in possession of the vehicle keys. Guarista was booked into Indio Jail for ' possession of stolen property. Wednesday, October 20, 2010 4:17 PM — An officer was flagged down at the La Quinta Community Oriented Policing Office regarding a possible child molestation. The father of the victim reported that his minor son had spoken of being molested. The child lives with his mother in the 44000 block of Vista Dunes and the incident is alleged to have happened there over a month earlier. Investigation is continuing in this case. 7:00 PM — Special Enforcement Team officers conducted a bicycle stop on Eisenhower Dr. and Avenida Fernando. Israel Lerma, age 29 of La Quinta, was arrested for felony warrants consisting of assault and narcotics. Lerma was booked into to the Indio Jail. 11:25 PM — Members of the Special Enforcement Team, following up on leads related to a residential burglary investigation, responded to the 80900 block of Hwy I11, Indio, to make contact with possible suspects. Contacted was Nicholas Ulsh, age 20 of La Quinta, Robert Bird, age 19 of Indio, and Alexis Tvite, age 19 of La Quinta. Ulsh was arrested for two felony warrants, one misdemeanor warrant and possession of heroin. Bird was arrested for possession of heroin and being under the influence. During the investigation officers learned Ulsh had committed another residential burglary in La Quinta and property was recovered from that crime. Ulsh was booked into the Indio Jail for his warrants, charges of burglary and possession of heroin. Bird was booked into the Indio Jail for possession of heroin and being under the influence. Thursday. October 21. 2010 8:18 AM — Officers arrested Priscilla Moya, age 25, in the 53200 block of Avenida Villa for a felony fraud warrant. She was booked into the Indio Jail. ' 7:09 PM — Officers were dispatched to the 78900 block of Highway 111 regarding a shoplifter in custody. Maria Ferrer -Cortez, 33 years of Indio, was arrested and booked for shoplifting. The suspect was also charged with child endangerment and had an outstanding arrest warrant for a previous shoplifting incident. Friday, October 22, 2010 11:00 AM — The La Quints Business District Officer responded to the 79200 block Hwy I I I in reference to a shoplifting call. Rita Roque-Zarate, age 38 of Indio, was arrested for switching merchandise price tags for the purpose of purchasing more expensive items at the lower price tag cost. She was booked at the Indio Jail. 3:36 PM — School Resource Officers conducted a vehicle stop on Calle Tampico and Washington Street and arrested the driver, Jesse Scott Irvin, age 19 of La Quinta, for an outstanding misdemeanor warrant. During a search of Irvin, officers located a baggy with cocaine. Irvin was arrested for possession of cocaine booked into the Indio Jail. 3:57 PM -- Units responded to a business in the 78900 block of Highway I I I regarding a possible robbery. As a male juvenile was being detained inside the security office the juvenile pulled away and ran outside. The store security agent apprehended the juvenile who continued to pull away and resisted detention. At that time, the juvenile's father pushed the agent away and interfered in the detention. Officers arrived and detained both suspects. Jose Marquez, 42 years of Palm Desert, was placed under citizen's arrest for battery and booked into the Indio Jail. The juvenile was placed under citizen's arrest for shoplifting and was booked into Indio Juvenile Hall for robbery and possession of marijuana. Saturday, October 23, 2010 4:45 PM — Officers arrested Eric Lehr, 43 of Banning, in the 78700 block of Hwy I I I for being under the influence of a controlled substance and possession of heroin. I aq5 6:30 PM — Special Enforcement. Team officers arrested Kaley Vanwinkle, 19 years -old of La Quinta, in the 43900 block of Blueberry Lane, Palm Desert, for a felony narcotic warrant. Vanwinkle was booked into jail. 7:38 PM — Special Enforcement Team officers arrested Jimmy Hunter, 46 years -old, and Deidre Moore, 45 years -old, both of La Quinta, in the 53700 block of Ave Vallejo for felony narcotic warrants. Hunter and Moore were booked into jail. Sunday, October 24, 2010 12:38 AM — Officers responded to the 54400 block of Avenida Rubio in reference to a domestic disturbance. Charles L. Campbell III, 49 years -old of La Quinta, was arrested for felony spousal battery and booked into the Indio Jail. 1:00 AM — Special Enforcement Team officers arrested Juanjo Alverado, 24 years -old of La Quinta, in the 79100 block of Arbola Circle for a felony theft warrant. Alverado was booked into jail. 1:58 AM -- Special Enforcement Team officers conducted a traffic enforcement stop at Jefferson Street and Avenue 49 and arrested Andreas Cadena, 29 years -old of Coachella, for driving under the influence. Cadena was transported and booked into the Indio Jail. 5:05 AM — Patrol officers observed a theft in progress at a business in the 78300 block of Highway 111. Donovan Score, 45 years -old of La Quinta and Paulette Delgado, 38 years -old of Indio, were arrested for burglary and booked into the Indio Jail. Monday, October 25, 2010 12:30 PM — School Resource Officers at La Quinta High School developed information that two male juveniles were in possession of the drug Ecstasy on campus. Officers located the two boys and determined that they were under the influence of the drug. Both juveniles were arrested and released to their parents pending criminal charges. Tuesday, October 26, 2010 No significant activity Wednesday, October 27, 2010 2:45 PM — Patrol officers conducted a pedestrian check at Highway I I I and Costco Dr. Jaime Morris, age 25 of Bermuda Dunes, was arrested for a felony no bail warrant for possession of heroin. He was booked into the Indio Jail. 4:00 PM -- Officers responded to a report of a shoplifting from a business in the 79200 block of Hwy 111. Officers arrested Carmen Lemus, 24 years of Indio, for shoplifting. Thursday, October 28, 2010 12:05 AM -- Officers arrested Michael Conrad Bryant, 47 years -old from Indio, for possession of methamphetamine and possession of drug paraphernalia during a traffic stop at Dune Palms Road and Highway 111. Bryant was booked into the Indio Jail. 3:00 AM — Patrol officers arrested Lui Kapulani Chow, 48 years -old from Palm Springs, for driving under the influence following a traffic stop at Miles Avenue and Adams Street. Chow was booked into the Indio Jail. 2:10 PM — Officers conducted an arrest warrant service in the 52700 block of Avenida Obregon. Davis Rafferty, age 33 of La Quinta, was arrested for a felony criminal threats and brandishing warrants. '4:31 PM — After conducting a pedestrian check at Bougainvillea and Avenue 48, Officers arrested Cassia Watkins, 32 years of Indio, for an outstanding domestic violence warrant. Booked into the jail. AU ' 6:00 PM — Special Enforcement Team officers, conducting a follow-up investigation of a residential burglary in the 45000 block of Desert Fox, arrested Ryan Evanglista, age 19 of Palm Desert, for residential burglary and recovered the stolen property. Evanglista was booked into the Indio Jail. 6:33 PM — Special Enforcement Team officers served a property related search warrant in the 83300 block of Ella Ave., Thermal. The warrant stemmed from a grand theft case in the city of La Quinta. The stolen property was not located, however, a person of interest in the case has been identified. Friday, October 29, 2010 9:50 AM -- Riverside County Sheriffs deputies responded to a report of an armed robbery and assault that occurred in the 65900 block of Harrison in Oasis. The suspects fled toward the city of La Quinta. At 10:00 a.m., the suspects entered a gated community in the area of Avenue 60 and Madison Street. The suspects then attempted to carjack several vehicles in the 81200 block of Jasmine and eventually rammed a security gate and fled. Sheriff s deputies and officers from the La Quinta Police Department located two suspects, Hector Hernandez, 19 years old and Jose Rodriguez, 22 years old (both from North Hollywood), in an open field a short distance from their abandoned vehicle. A third suspect, Javier Lopez, 30 of Reseda, was arrested a few hours later at a nearby business. All three suspects were booked into the Riverside County Jail in Indio. 2:52 PM -- Patrol officers conducted a vehicle enforcement stop on Avenue 50 and Jefferson Street. The driver, Efrain Villalobos age 39 of Indio, was found to be driving under the influence of alcohol. Villalobos was arrested for DUI and booked into the Indio Jail. 4:02 PM — Officers responded to a report of a past sexual assault. Investigation by officers found that Marvin Omar Gonzalez, age 30 of La Quinta, had sexually assaulted a female juvenile earlier in the day. Investigators responded and assumed responsibility for the investigation. Gonzalez was contacted at his residence, arrested for sexual assault and booked into the Indio Jail. 6:55 PM -- Officers responded to a business located in the 78900 block of Hwy I I I in reference to a shoplifter being detained by store security. Aaron Dodson, age 22 of La Quinta, was arrested for shoplifting and booked into the Indio Jail. 8:30 PM — Officers arrested Michael Elliot, 58 years -old from La Quinta, for battery in the 49400 block of Eisenhower Drive. Elliot was booked into the Indio Jail. 11:40 PM -- Patrol officers arrested Noah Thomas Nevins, 21 years -old from Palm Desert, for driving under the influence at Dune Palms Road and Highway 111. Nevins was booked into the Indio Jail. Saturday, October 30, 2010 1:01 AM -- Officers responded to the 53900 block of Avenida Navarro regarding a disturbance occurring in front of the location. Officers located a large party and the homeowner, Jacob Ramos, 24 of La Quinta, was extremely intoxicated. Ramos was arrested for public intoxication and the party was shutdown. 2:43 AM — Officers responded to the 79900 block of Blazing Star Trail regarding a male and female arguing in front of the location. The subjects left the location prior to officers arriving but additional investigation led officers to a residence on Marigold where Daniel Martinez, 24 for Indio, was arrested and the victim was transported to the hospital. Officers assisted the victim with an Emergency Protective Order was obtained. 3:45 AM — Officers were dispatched to the area of Avenida Navarro and Calle Chillon in response to a report of shots fired. When they arrived they located six subjects standing outside a residence. Ray Gil, 21 of La Quinta, threw a beer at officers and was arrested. No evidence of a shooting was discovered. Gil was and booked into jail. Sunday, October 31, 2010 1:30 AM — Patrol officers conducted a pedestrian check at Hwy 111 and Dune Palms Rd. David Powell was arrested ' and booked for a misdemeanor warrant. 6:48 AM -- Officers responded to the 50300 block of Vista Montana regarding a subject making threats to harm a homeowner. Anthony Alejandro Galvan, 24 yrs of Indio, had rammed the main gate with his vehicle. Galvan told the homeowner he was looking for a guy named Justin. Officers confronted Galvan and he was taken into custody without incident. Galvan was arrested for hit and run and brandishing a weapon. �q� Deputy Prezell Burgie Deputy Christian Bloomquist Deputy Jason Chancellor CITY OF LA QUINTA Special Enforcement Team October 2010 S.E.T. TEAM Supervising Sgt. Mark Hoyt Summary of Activity Deputy Joshua Reinbolz Deputy Johnathan Lun Deputy Jesus Borrego Type of Activity # of Incidents Type of Activity 7F # of Incidents Search Warrants /Pro rams 9 Weapons Recovered 0 Vehicle Checks/Stops 107 Probation/Parole Searches 11 Pedestrian Checks 27 Arrest Warrants Served 17 Follow-ups 32 Arrests/Filing- Felon 18 Citations Issued 0 Arrests/Filings - Misd. 8 SIGNIFICANT ACTIVITY La Quinta SET conducted a probation search at an probationers residence in the city of Indio. This particular individual has frequently been contacted within the city of La Quinta. During the compliance check several grams of methamphetamine and paraphernalia used in the sales of narcotics were located in the residence. The probationer and his wife were taken into custody for possession of methamphetamine for sales, child endangerment, and outstanding felony warrants fo fraud and possession of stolen property. La Quinta SET worked in cooperation with the Coachella Valley Gang Task Force and Indio Police Department to serve an arrest warrant relating to a homicide in Indio where a 17 year old juvenile was shot and killed in Indio. During the service of the warrant, a 16 year old juvenile was located in the residence which was on Avenida Carranza in the City of La Quinta. The juvenile was taken into custody by the Indio Police Department. y Officers from La Quinta SET conducted a follow up investigation regarding several burglaries in La Quinta. Members of the team responded to a hotel in the city of Indio and contacted three subjects in the hotel room. While at the location, several items of stolen property from burglaries were recovered as well as narcotics and drug paraphernalia. Two subjects were arrested for possession of stolen property and being under the influence of heroin. One of the subjects was a person of interest in multiple burglaries in La Quinta. An interrogation was conducted and the suspect confessed to burglaries that he had committed and disclosed the location of additional stolen property which team members located after the interview. La Quinta SET worked in partnership with the Palm Desert SET and the Special Investigations Bureau to serve search warrants in the city of Indio. The warrants related to information received regarding the location of stolen property taken from residences in La Quinta, Palm Desert, Rancho Mirage and Indian Wells. During the service of the search warrants, several items were recovered that had been taken from homes in La Quinta and the other nearby cities. In addition to the stolen property, several ounces of methamphetamine, heroin, firearms, and currency were recovered. One suspect was arrested for narcotic sales, possession of stolen property, and child endangerment. Additional charges of possession of stolen property and narcotic sales are being filed on other suspects who were not at the locations of the search warrants. SET officers responded to a report of a burglary on Desert Fox in the city of La Quinta. Officers developed possible suspect information relating to a suspect from Palm Desert. The suspect agreed to an interview in which the subject admitted to the burglary and advised he could return the stolen property. Additional follow up resulted in the recovery of the stolen property taken from a house on Desert Fox. The suspect was taken into custody for burglary and possession of stolen property. Members of La Quinta SET contacted several subjects within the city of La Quinta which has resulted in numerous arrests for narcotic violations, thefts, and outstanding warrants. La Quinta SET will continue their pro -active community oriented policing efforts throughout the city which will result in more arrests of drug dealers, thieves, and career criminals in order to improve the quality of life for the residents of La Quinta. "y, j .100 CITY OF LA QUINTA Traffic Services Team Report October 2010 Traffic Services Team Dep. Frederick Dep. Heffley Dep. Wiggs Cpl. Covington Sgt. Walton C.S.O. Delaney Dep. Reynolds SIGNIFICANT ACTIVITY The City of La Quinta has seen a decrease in all but one collision category for the month of October. Overall public roadway collisions are down 23% when compared with the same time frame in 2009. When all collision activity is counted, the visitors and residents throughout our city are enjoying a 22.56% collision rate reduction. Unfortunately, there has been a 50% increase in Hit and Run collisions for the month. Public roadway collision activity is greatest during the weekdays, with Fridays now accounting for approximately 25% of the total activity. Traffic collisions occur most often between the afternoon hours of 3:00 p.m. to 5:00 p.m. Additionally, 53% of all collisions result from unsafe speed and unsafe lane changes. The downward trend also continues for injury collisions. This year the City of La Quinta has seen an overall 10.45% decrease in the number of citizens injured or killed upon city roadways. Alcohol related collision activity has decreased significantly during October 2010, with only one collision attributed to driving under the influence. Alcohol related collision rates have decreased by 7% when compared to last year. Vehicles traveling at unsafe speeds for the roadway design and unsafe lane changes are the primary reasons collisions occur within the City of La Quinta. As a result, La Quinta Traffic Services team members focus their attention toward both education and enforcement of excessive speed and unsafe lane changes. -30 J Deputy William Fiebig CITY OF LA QUINTA Business District Deputy Report October 2010 SUMMARY OF ACTIVITY Business Management Contacts 21 Investigations 23 Suspects Arrested / Charged 10 SIGNIFICANT ACTIVITY I investigated a credit card number forgery and credit card account number theft at a local retail store. The victim resides out of sate and the suspects were identified in northern, CA. Criminal charges are pending. I arrested a suspect for stealing merchandise consisting of clothing and health & beauty products from a local retail store. The suspect was arrested and the merchandise returned to the merchant. Criminal charges have been filed. ' I arrested a suspect for stealing various clothing items at a local retail store. This suspect has been identified by previous theft incidents in the store. Criminal charges have been filed. 30; I arrested a suspect for stealing jewelry and shoes from a local retail store. The suspect concealed the merchandise inside her purse and exited the store. Criminal charges have been filed. A suspect entered a local retail store and used counterfeit $100 bills to purchase merchandise. This same suspect then arrived at another retail store and committed the same offense. The suspect has been involved in similar activity at local retail stores in Palm desert and rancho Mirage. I have identified the suspect through my investigation and a search warrant and arrest warrant will be sought. A local gas station / mini -mart received a counterfeit $5.00 bill. I identified the person who passed the fake bill but no intent was established and the subject paid for the item in legitimate currency. This incident was documented and no criminal charges were filed. During a search for (2) outstanding burglary suspects in the area of Dune Palms and Highway 111, 1 searched some bushes in a field and located a man in the brush. Although not the burglary suspect, the subject was arrested for an outstanding felony narcotics warrant. A suspect entered a local retail store and purchased $5,000 in various merchandise using forged and counterfeit checks. I have identified the suspect as someone who I previously arrested for this same crime. The suspect; however, was released on bail and never showed for court on this previous offense resulting in a warrant for her arrest. Attempts to locate the suspect continue. Criminal charges are being filed against the suspect for check forgery. A local business was spray painted with graffiti. No suspects have been identified but this vandalism/defacing incident was documented. BUSINESS/COMMUNITY EVENTS I attended the Mayor's Luncheon and had the opportunity to network with numerous other businesses at the event. I also had the honor of talking briefly with the mayor and other elected officials and business leaders. I attended (2) ribbon cutting ceremonies for new businesses in La Quinta. I am working in conjunction with local retailers and the La Quinta Special Enforcement Team to have additional officers/deputies on the La Quinta Hwy 111 business corridor and Main Street La Quinta during the holiday season. Other programs such as the "Bait Car", "Drone Car", and other enforcement programs will reduce thefts and other crimes, and promote a safe environment for holiday shoppers. I hosted a crime prevention awareness seminar for all of the La Quinta local retailers to learn about crime trends, exchange suspect information and photographs, and police training on various topics. Although no one attended this event, numerous flyers were given to the local retailers if they wanted to attend. Another seminar/meeting will be planned in the near future. BUSINESS COMMUNITY SPECIAL PROJECTS Working in conjunction with Crime Prevention Officer Fowler, we are conducting a crime deterrent program focusing on crime prevention through environmental design (CPTED). This project will focus on the retailers that sell alcoholic beverages to reduce the number of alcohol (beer) thefts at their stores by how their store is arranged. I am working to develop the Indio Station Volunteer Mounted Posse (Horse) Unit to somehow incorporate their services in or around the business district community in La Quinta. The mounted Posse will ideally be used to patrol the wash basins behind the retail stores north of Highway 111 for vagrancy, discarded stolen property, or other illegal activity. The Mounted Posse can also be used for crowd control at large city events, search and rescue on hiking trails, and parking lot patrols at major retail stores, etc. Horses and riders are in the process of being trained within departmental standards to be ready for use. I developed a proposal to help deter graffiti incidents in La Quinta. This proposal was provided to supervision. Officer Kevin Moore CITY OF LA QUINTA Post 503 Explorer Report Oct-10 Post 503 Explorers Preparing for Competition SIGNIFICANT ACTIVITY Post 503 team members want to extend a warm word of welcome to Off. Rebecca Smith and Mrs. Theeraya Moore as they have joined the team as Post Advisors. In addition, four new Explorers have completed the application, interview and background process. Off. Moore conducted an Explorer recruitment presentation at Indio High School and reported a very strong expression of interest from the students. In preparing for the Explorer competition in Chandler, AZ, Officer Arturo Espinoza has been striving to teach Post 503 members the proper way to conduct room searches, vehicle searches and search warrant entry. Officer Espinoza, along with all other advisors, has been training Post 503 members hard at the meetings and getting them ready to bring some trophies home. Explorer Post 503 is a self-supporting program affiliated with the Learning for Life programs (Boy Scouts of America). Post 503 is a non-profit organization and all contributions are tax deductible. The Explorer program offers law enforcement career education for young people 14 years of age (Must have completed 8th grade.) to age 20. Explorer team members must maintain a minimum of a "C" average in their studies in order to participate in the program. For additional information, or to apply for membership, call 760-863-8990 and ask for Officer Moore. 1, . , 3 y ,5- Officer R. Smith La Quinta High School CITY OF LA QUINTA School Resource Officer Report October 2010 Summary of Activity F-Type of Activity Number of Incidents Criminal Reports 12 Arrests 8 Home Visits 4 City Park checks 23 Vehicle Checks 16 Pedestrian Checks 32 County Citations 9 Public Assist 8 Y.A.T. Referral 4 Business Checks 2 SIGNIFICANT ACTIVITY School Resource Officer Alexander and I made contact with a male adult at his residence and informed him that he was banned from La Quinta High School. This was done after learning that he had been harassing a juvenile female student. The following day I was informed by security personnel that the same male was on campus and he was attempting to circumvent security to enter the football game. I made contact with the male and he was detained for trespassing. During a search of his person I located a locking blade folding knife with a five inch blade. He was arrested for possession of a knife on school grounds and trespassing. The male was subsequently booked at the Indio Jail with charges pending. I received an anonymous tip that there was a male student on campus who was under the influence of Ecstasy. Security personnel and I contacted the male and he was taken to the office for a drug evaluation. As a result of my evaluation, I determined that he was under the influence of a stimulant. During this process, a school security agent told me that she learned there was a second male student who was allegedly under the influence of Ecstasy as well. The second student was located and was evaluated and was determined to likewise be under the influence of a stimulant. Both students were placed under arrest and were released to their parents. Charges are pending against both for being under the influence of an illegal narcotic. After a follow-up investigation it was learned that there are a number of students involved in illegal drug activity. The names of these students and all additional information have been passed on to the Coachella Valley Narcotics Task Force and we are currently working toward arresting those individuals. 3D-7 CITY OF LA QUINTA School Resource Officer October 2010 Officer D. Alexander La Quinta Middle School Franklin Elementary School Truman Elementary School Adams Elementary School Summary of Activity Type of Activit Number of Incidents Reports 8 Arrests 5 Business Check 2 District Attorney Filings 5 City Park Area Checks 5 Y.A.T. Referrals 9 Home Visits 2 Follow-up Investigations 1 Vehicle Checks 6 Public Assist 1 Pedestrian Checks 10 Traffic Citations / Traffic Stops 2 SIGNIFICANT ACTIVITY On October 71h and Bch I received reports of graffiti in the girl's student restroom at La Quinta Middle School. Through the course of my investigation, I developed leads which resulted in the arrest of five female juveniles for the graffiti. Due to the content of the graffiti, the case was forwarded to investigators for further investigation regarding a possible hate crime. I continue to assist with traffic control on Park Avenue before and after school. I have received several positive community comments regarding my presence and assistance with traffic control. These comments have come from parents and staff members from La Quinta Middle School and Truman Elementary School all of which have asked me to continue the traffic control. I investigated a reported petty theft from a La Quinta Middle School student who had his wallet stolen from his backpack. The wallet was later located, however, the victim's money was missing. Through the course of my investigation I identified the suspect as a friend of the victim. The victim did not desire prosecution of the suspect and no charges were filed. I transported a student to Oasis Mental Health for a Mental Health Evaluation. The student made comments of wanting to hurt himself. I received information that an adult male was watching students during the lunch break at Benjamin Franklin Elementary School. The adult male was seen on a second story balcony of the Silver Hawk Apartment building watching children at play. I responded to the apartment and contacted an elderly male. I determined that the male had no criminal intent and had no previous criminal contacts. He had previously worked for a school district prior to his retirement and currently lives alone having been a widower for the past twenty years. r CITY OF LA QUINTA Community Service Officer Report October 2010 C.S.O. Artesia Diaz C.S.O. Melinda Verdugo C.S.O. Bridget Delaney (Traffic Services Officer) C.S.O. Lisa Land Summary of Activity Type of Activity Number of Incidents Burglary Investigations 4 Grand Theft Reports 7 PettyTheft Reports 4 Vandalism/Malicious Mischief Reports 7 Traffic Collision Response 22 Vehicle Code or Parking Citations 65 Abandoned Vehicles Tagged/WarningTagged/Warning 2 Towed Vehicles 1 Lost or Found Property Reports 7 Stolen Vehicle Report 1 Custodial / Non -Custodial Transport 10 Miscellaneous Calls 74 310 Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report October 2010 Summary of Activity Community Policing Office IF Number Citizens On Patrol Number Monthly Volunteer Hours 156 Traffic Control / Collision 3 Hours Y.T.D. 1,628 Business Checks 143 Hours 4/03 to Present 19,393 Training Hours 4 CPO Monthly Visits 74 Courtesy Notifications 17 CPO Y.T.D. Visits 966 Miscellaneous 3 CPO Visits 4/03 to Present 16,856 Neighborhood Patrol 63 Vacation Checks 153 Patrol Hours 175.5 Y.T.D. Patrol Hours 1,241 Hours 7/06 to Present 5,722 CA rate for value received for volunteers is $16.24 - 2010 totals to May = $16,264 savings. Total savings since 2003 = $379,431. CA rate for value received changed and is now $23.29 - 2010 totals since May = $26,111.00. Total savings since 2003 = $426,933.00. We currently have 11 active office volunteers with one in the application process. We currently have 7 active Citizen on Patrol (COP) volunteers with two more in the training cycle. COP volunteers have assisted with traffic control at LQHS football games, conducted anti -burglary surveillance in the HWY 111 business corridor as well as a strong deterrent presence. COP volunteers are actively involved in the crime prevention and burglary suppression program of the La Quinta Business District officer. 311 Department Report: lu IY y Y Y Y i Y 1 TAI 11 ved by the Riverside Oount� Sherifs Deparvem Crime Statistics Summary September -- 2010 Prepared for 3/,P 10 11 12 13 CITY OF LA QUINTA Crime Comparison -- September CRIME September September YTD 2010 YTD 2009 2010 2009 AGGRAVATED ASSAULTS 3 3 36 45 BURGLARY 36 46 344 405 BURGLARY - VEHICLE 12 21 135 207 DOMESTIC VIOLENCE 26 12 159 132 HOMICIDE 0 0 1 1 NARCOTICS VIOLATIONS 22 19 189 194 ROBBERY 1 0 14 15 ROBBERY - CAR JACKING 0 0 0 0 SEX CRIME FELONY 3 5 33 48 SEX CRIME MISDEMEANOR 2 1 5 20 SIMPLE ASSAULTS 8 6 59 55 THEFT 61 69 526 617 VEHICLE THEFT 4 7 46 68 CITY OF LA QUINTA Average Response Time September 2010 TYPE OF CALL RESPONSE TIME (MINUTES) NUMBER OF INCIDENTS EMERGENCY 6.1 2 ROUTINE 8.2 1,100 * Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report. 3/3 Crime Distribution Table Sep-10 % of Total Sep-09 % of Total 1 AGGRAVATED ASSAULTS 3 1.69% 3 1.59% 2 BURGLARY 36 20.22% 46 24.34% 3 BURGLARY - VEHICLE 12 6.74% 21 11.11% 4 DOMESTIC VIOLENCE 26 14.61 % 12 6.35% 5 HOMICIDE 0 0.00% 0 0.00% 6 NARCOTICS VIOLATIONS 22 12.36% 19 10.05% 7 ROBBERY 1 0.56% 0 0.00% 8 ROBBERY - CAR JACKING 0 0.00% 0 0.00% 9 SEX CRIME FELONY 3 1.69% 5 2.65% 10 SEX CRIME MISDEMEANOR 2 1.12% 1 0.53% 11 SIMPLE ASSAULTS 8 4.49% 6 3.17% 12 THEFT 61 34.27% 69 36.51% 13 VEHICLE THEFT 4 2.25% 7 3.70% Total 178 98.31 % 189 98.41 % CITY OF LA QUINTA September 2010 Crime Distribution 70 60 50 40 30 20 10 0 a o� to d x < z c �< � s4 o> �a C R x< n � a > >a �> a %n ra �c� �a rn�' a' cr Ln z Month to Month Crime Comparison - September 80 69 70 — _ 6 - 60 - - --- - -- -- 5046- - 40 26 30 21 1119 20 10 00 10 00 1 0 a cz co <t7 z <z z z a < az r< m to Year to Date Crime Comparison - September ■ September 2010 © September 2009 700 ___ . ___ __ __._ ___.__ __ _------. _._.w ... ---- 617 617 __ _.- 600 - --- S2 500 -- - - 405 400 --- - 300 207 - 200 IS04 100 1415 00 520 8 0 l; 1 A I I I I A a to cn � c7 z < z �o �o � � � --3 o 0 9 oz 0 0 �--� �� z cn v G7 rn� CD to MX i'�, m z n zc' CD O o � ® YTD 2010 0 YTD 2009 3) 5 Month to Month Calls for Service Comparison September 2010 ® Sep-10 © Sep-09 4,000 2,5229,95.5 1,420 1,704 2,000 mmmdr 0 Total Non -Criminal Criminal 30,000 25,000 20,000 15,000 10,000 5,000 0 Year to Date Calls for Service Comparison Total Non -Criminal Criminal ® YTD 2010 ® YTD 2009 �154@m V 4 lAtIfte OF T1 COUNCIL/RDA MEETING DATE: November 16, 2010 ITEM TITLE: Public Hearing to Consider Adoption of a Resolution Approving Proposals and Authorizing the City Manager to Submit Applications to Riverside County Economic Development Agency for Community Development Block Grant (CDBG) Funds for Fiscal Year 201 1-2012 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council adopting proposals and authorizing the City Manager to submit applications for the use of Community Development Block Grant (CDBG) funds totaling an estimated $175,000 for Fiscal Year 201 1-2012 to: the Boys and Girls Club; La Quinta Unit for the Fee Waiver/Reduction Program ($30,000); and to the City of La Quinta for public facility improvements along Calle Sinaloa, between Eisenhower Drive and Desert Club Drive ($145,000), within Redevelopment Project Area 1. FISCAL IMPLICATIONS: Upon approval by the Department of Housing and Urban Development (HUD) of the County of Riverside Urban County CDBG monies, the City will be eligible for approximately $175,000 in funds for the project(s) identified in the Resolution. CITY CHARTER IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The CDBG program is an important source of special program funding for the City of La Quinta. The CDBG program is administered by the Riverside County Economic Development Agency (EDA). Each year funding is available from EDA to participating cities in the County for eligible activities. Eligible activities must meet national objectives which include benefits to low- and moderate -income families, the elderly or handicapped; or aid in the elimination of slums or blight. Funding categories include public service and capital improvements. 3 /7 Public Services Public service is one of the specific project categories eligible for CDBG funding. The list includes child care, recreation programs, and education programs, among others. All public service activities must show benefit to low- and moderate -income persons. The percentage of CDBG funds allowed each year for these activities is limited by a formula. The County EDA has set a minimum funding requirement for CDBG programs at $10,000. The rnaximum allowable public service dollar amount for La Quinta this year is estimated to be $30,000. The Boys and Girls Club of the Coachella Valley, La Quinta Unit, has requested $30,000 of CDBG funding to continue the membership fee waiver/reduction program. The program provides a fee waiver/reduction for certified low- and moderate -income families of La Quinta students to utilize day care and after school care services provided by the Boys and Girls Club in La Quinta. The Boys and Girls Club charges both an annual and a summer membership fee; the fee waiver and/or reduction allows approximately 115 children to utilize the programs that otherwise would not be able to participate because of the fee structure. The City also received another application for CDBG public service funds. The Coachella Valley Housing Coalition, a non-profit affordable housing developer has requested $25,000 for the creation and support of a bilingual Computer Program at Wolff Waters Place. Staff is recommending allocation of the maximum amount of funds available for public services, in the amount of $30,000, to the Boys and Girls Club fee waiver/reduction program, as the program has proven to be both effective and meaningful for low- and moderate -income youth within the City. Historically, the City has funded only one public service agency request. Since the City does not receive any CDBG administrative funding to manage these grant monies, it is not cost effective to allocate monies to several agencies. Capital Improvements An estimated amount of $145,000 in Fiscal Year 201 1-2012 CDBG grant funds is available to be allocated to the City for capital improvements. The City of La Quinta Public Works Department has requested funding for the construction of ADA compliant curb -ramps and sidewalk improvements along Calle Sinaloa, between Eisenhower Drive and Desert Club Drive (Attachment 1). The projects will improve pedestrian safety within the Cove Residential District. The project meets the national objective for the utilization of CDBG funds to benefit persons with disabilities and low- to moderate - income persons. The project also meets the criteria for eligibility by providing a benefit to persons with disabilities and persons of low- to moderate -income, as documented in the City Redevelopment Plan for Project Area No. 1. The City of La Quinta has allocated approximately $900,000 over the past five years of participating in the CDBG program. The average allocation over this period is _�/g $180,000 of CDBG program funding per year. Funding of the CDBG program varies annually depending on overall funding allocations set by the Federal Government and the U.S Department of Housing and Urban Development (HUD). Although staff is recommending approval of $175,000 for the 201 1-2012 CDBG program, funding limits may be decreased by the overall CDBG funding allocation given to the EDA. The purpose of this hearing is to provide opportunity to review and comment on all applications, to take public comment, to select and identify proposals, and to reprogram funds if appropriate. The City will submit "Entitlement Funds Project Application Forms" to the EDA. The EDA then submits, for all participating cities in the CDBG Urban County program, a "Final Statement of Community Development Objectives and projected Use of Funds" to HUD for final approval of CDBG funds for Fiscal Year 201 1-2012. The following is a summary of the received grant applications for Fiscal Year 201 1- 2012 funding: Copies of the applications are available in the City Clerk's Office. PUBLIC IMPROVEMENT REQUESTS: City of La $145,000 Public Facility Improvement; i.e. construction of ADA Quinta compliant curb -ramps and sidewalk improvements along Calle Sinaloa, between Eisenhower Drive and Desert Club Drive PUBLIC SERVICE REQUESTS: The amount of CDBG funding available varies on a yearly basis. The amount available for this year's funding is an estimate based on previous years' funding and federal funding of the CDBG program. Since the specified funding amount is an estimate, the amount of funding available could change. If funding levels change, all categories of program funding could be affected. However, attempts will be made to retain public �Iq service funding amounts. Actual funding numbers should be received by the City from the EDA by April 2011. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council adopting proposals and authorizing the City Manager to submit applications for the use of CDBG funds totaling an estimated $175,000 for Fiscal Year 201 1-2012 to: the Boys and Girls Club, La Quinta Unit for the Fee Waiver/Reduction Program ($30,000), and to the City of La Quinta for public facility improvements on Calle Sinaloa ($145,000) within Redevelopment Project Area 1; or 2. Do not adopt a Resolution of the City Council allocating the use of CDBG funds; or 3. Approve funding alternative eligible requests submitted; or 4. Provide staff with alternative direction. Respectfully Submitted: J Les Johnson, Planning Director Approved for submission: Thomas P. Genovese, City Manager Attachment: 1. Location of proposed public improvements `3a c RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ADOPTING PROPOSALS, AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2011-2012 WHEREAS, the Community Development Block Grant Funds for FY 201 1- 2012 will be approximately $175,000 to begin July 1, 201 1; and, WHEREAS, the City of La Quinta must submit to the Riverside County Economic Development Agency project applications; and, WHEREAS, a public notice was published on October 31, 2010 announcing the availability of funds, requesting proposals, and public hearing dates; and, WHEREAS, the merits of all proposals were openly discussed and considered; and, WHEREAS, by a majority vote of the City Council of the City of La Quinta, California, the following proposal(s), or reprogramming(s), were selected: PROJECT NAME 1 . Public Facility Improvements along Calle Sinaloa, between Eisenhower Drive and Desert Club Drive 2. Fee Waiver/Reduction Program AMOUNT City of La Quinta $145,000 Boys & Girls Club $30,000 La Quinta Unit NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta as follows: 1. That the City of La Quinta does hereby select the above -named project(s) or reprogramming(s), for the use of Community Development Block Grant funds. 2. That the City Council hereby directs the City Manager to prepare and submit the designated applications to the Riverside County Economic Development Agency in a timely fashion proposing the named activities and use of funds. 3V2/ City Council Resolution No. 2010- Community Development Block Grant Adopted: November 16, 2010 Page 2 3. If there is a shortfall in funding, the City Council directs the City Manager to request the County to increase the City's public service cap in order to fully fund public service approved applications. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 16th day of November 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor, City of La Quinta, California ATTEST: Veronica Montecino, CMC. City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 3 as p , , -,mw rqmvvw�w vw-lr-1,---�---" kli'11, V Eisenhower Drive -,4 rN" 144V OW ro W"Al FLI -�A Avenida Bermudas I�A Ark 1L 0. iw� I" CS 0)6% — AI �J l'ity of La Quinta RDA Project Areas City Boundary RDA Project Area One . RDA Project Area Two �`�:� V` WORM ■r..sn..■� � 1 m m� 54TH AVE ✓s m�a�� it�3 r 1 yy�rr� t^ I AIRPORT BLV N 1 Q 4 «o��g 58TH AVE co F—M w: Z,�..1.�.! 0 Ll 6 -J IAVE ... _ 1 1 1 1 ii r �n�u�n�.I�u�r 62ND AVE .ten �u�uwuwi• 1 1 �