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2010 12 21 CC6x# 4 44d4a City Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, DECEMBER 21, 2010 DUE TO THERE BEING NO CLOSED SESSION SCHEDULED, THE CITY COUNCIL WILL CONVENE AT 4:00 P.M. Beginning Resolution No. 2010-072 Ordinance No. 485 CALL TO ORDER Roll Call: Council Members: Evans, Franklin, Henderson, Sniff, and Mayor Adolph PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION — NONE CONFIRMATION OF AGENDA 00.E City Council Agenda .1 December 21, 2010 PRESENTATIONS 1. PRESENTATION OF CHECK FROM IMPERIAL IRRIGATION DISTRICT FOR PHOTOVOLTAIC REBATE FOR FIRE STATION NO. 32. 2. 2010 B.E.S.T. APWA NATIONAL PUBLIC WORKS AWARD FROM SOUTHERN CALIFORNIA CHAPTER OF AMERICAN PUBLIC WORKS ASSOCIATION FOR LA QUINTA'S NATIONAL PUBLIC WORKS WEEK CELEBRATION AND STUDENT OUTREACH PROGRAM. 3. 2010 PROJECT OF MERIT AWARD TRAFFIC CONGESTION/MITIGATION FROM THE AMERICAN PUBLIC WORKS ASSOCIATION (APWA) COACHELLA VALLEY BRANCH FOR HIGHWAY 111 PHASE III PROJECT. WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1 . APPROVAL OF MINUTES OF DECEMBER 7, 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 DECEMBER 21, 2010. 2. RECEIVE AND FILE TREASURER'S REPORT DATED OCTOBER 31, 2010. 3. RECEIVE AND FILE REVENUE AND EXPENDITURES REPORT DATED OCTOBER 31,2010. 4. APPROVAL OF A RECIPIENT FOR THE 2011 SENIOR INSPIRATION AWARD PROGRAM. 5. APPROVAL OF PILLARS OF THE COMMUNITY NOMINATIONS. 6. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF OFFSITE IMPROVEMENTS FOR TRACT MAP 32070, CODORNIZ, RJT HOMES, LLC. 002 City Council Agenda 2 December 21, 2010 7. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 28603-2, PGA WEST, KSL LAND CORPORATION. 8. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ONSITE IMPROVEMENTS FOR TRACT MAP 33336, PALO VERDE II, STANDARD PACIFIC CORP. 9. ACCEPTANCE OF OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 30023-5, TRILOGY SHEA LA QUINTA, LLC. 10. APPROVAL OF THE DECLARATION OF SURPLUS PROPERTY. 11. APPROVAL OF ANNUAL DISTRICT INFORMATION SHEETS FOR THE CITY OF LA QUINTA ASSESSMENT DISTRICT NOS. 97-1 FOR FISCAL YEAR ENDING JUNE 30, 2010. 12. ADOPTION OF A RESOLUTION ACCEPTING A CASH DONATION FROM WALMART FOR THE "SHOP WITH A COP" PROGRAM. 13. AUTHORIZATION OF OVERNIGHT TRAVEL FOR ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE NATIONAL LEAGUE OF CITIES BOARD OF DIRECTORS MEETING TO BE HELD IN WASHINGTON, DC, JANUARY 6-8, 2011. 14. ACCEPTANCE OF SEASONS DOG PARK, PROJECT NO. 2005-05, APPROVAL OF CONTRACT CHANGE ORDER NO. 1, AND APPROVAL OF APPROPRIATION OF ADDITIONAL FUNDING. 15. ACCEPTANCE OF VILLAGE AREA SIDEWALK INFILL IMPROVEMENTS, PROJECT NO. 2009-19. 16. ACCEPTANCE OF SILVERROCK RESORT DRAINAGE IMPROVEMENTS, PROJECT NO. 2006-07, 2010-01, AND 2010-02. 17. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE STORM WATER MANAGEMENT/BMP FACILITIES AGREEMENTS. 18. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING TO PROVIDE PROFESSIONAL ENGINEERING SERVICES TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE WASHINGTON STREET PHASE II DRAINAGE IMPROVEMENTS, PROJECT NO. 2010-08. 003 City Council Agenda 3 December 21, 2010 19. APPROVAL OF PROGRAM SUPPLEMENTAL AGREEMENT NO. 010-N TO THE CITY OF LA QUINTA MASTER AGREEMENT 08-5433R FOR CONGESTION MANAGEMENT AIR QUALITY FUNDING TOWARD THE NEW TRAFFIC SIGNAL AT THE INTERSECTION OF MADISON STREET AND AVENUE 54, PROJECT NO. 2009-23. 20. ACCEPTANCE OF OFFSITE IMPROVEMENTS ASSOCIATED WITH PARCEL MAP NO. 33588, SAM'S CLUB, SAM'S REAL ESTATE BUSINESS TRUST. 21. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 33597-1, MALAGA, R.T. HUGHES CO., LLC. BUSINESS SESSION - NONE 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 (HENDERSON) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT COX) 8. C.V. MOUNTAINS CONSERVANCY (FRANKLIN) 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (FRANKLIN) 11. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN) 12, LEAGUE OF CALIFORNIA CITIES (HENDERSON) 13. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (EVANS) 14. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 15. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (DIANE GUNN) 16. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 17. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 18. PLANNING COMMISSION MINUTES OF OCTOBER 12 & NOVEMBER 9, 2010 19. HISTORIC PRESERVATION COMMISSION MINUTES OF AUGUST 19, 2010 20, INVESTMENT ADVISORY BOARD MINUTES OF NOVEMBER 10, 2010 City Council Agenda 4 December 21, 2010 004 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. GRANTS UPDATE C. QUARTERLY MARKETING REPORT 2. CITY ATTORNEY 3. CITY CLERK A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR 4. BUILDING & SAFETY DEPARTMENT REPORT FOR NOVEMBER 2010 5. COMMUNITY SERVICES DEPARTMENT REPORT FOR NOVEMBER 2010 A. FRED WOLFF BEAR CREEK NATURE PRESERVE MASTER PLAN UPDATE 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT FOR NOVEMBER 2010 8. PUBLIC WORKS DEPARTMENT REPORT FOR NOVEMBER 2010 9. POLICE DEPARTMENT REPORT FOR NOVEMBER 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. NO PUBLIC HEARINGS ARE SCHEDULED, THEREFORE, THE CITY COUNCIL WILL ADJOURN AND NOT RECONVENE AT 7:00 P.M. UNLESS THERE ARE ITEMS FROM THE AFTERNOON SESSION THAT HAVE NOT BEEN CONSIDERED 7:00 P.M. PUBLIC COMMENT PRESENTATIONS - NONE PUBLIC HEARINGS - NONE December 21, 2010 b 005 City Council Agenda 3 ADJOURNMENT The next regular meeting of the City Council will be held on January 4, 2011, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of December 21, 2010, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on December 17, 2010. DATED: December 17, 2010 VERONICA J. MONTECINO, 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 6 December 21, 20100" 006 � s CAM OF04� COUNCIL/RDA MEETING DATE: December 21, 2010 ITEM TITLE: Demand Register Dated December 21, 2010 RECOMMENDATION: Approve Demand Register Dated December 21, 2010 BACKGROUND: Prepaid Warrants: 89862 - 89864} 19,851.17 89865 - 89900} 587,107.69 89901 - 89923} 26,666.76 Voids} (825.86) Wire Transfers} 430,191.53 P/R 36202 - 36243 540,719.31 P/R Tax Transfers} 162,532.72 Payable Warrants: 89924 - 90079} 1,335,666.22 $3,101,909.54 FISCAL IMPLICATIONS: Demand of Cash -City $2,861,345.42 Demand of Cash -RDA $240,364.12 Demand of Cash - HA $200.00 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING John M. Falconer, Finance Director 007 CITY OF LA QUINTA BANK TRANSACTIONS 11/24/10 - 12114/10 11/24/10 WIRE TRANSFER - ICMA 11/24/10 WIRE TRANSFER - PERS 11/24/10 WIRE TRANSFER - LQCEA 11/24/10 WIRE TRANSFER - ULTRA ESCROW 11/29/10 WIRE TRANSFER - TASC 12/02/10 WIRE TRANSFER - PERS 12/02/10 WIRE TRANSFER - PERS 12/07/10 WIRE TRANSFER - LANDMARK 12/10/10 WIRE TRANSFER - ICMA 12/10/10 WIRE TRANSFER - PERS 12/10/10 WIRE TRANSFER - LQCEA 12/10/10 WIRE TRANSFER - ICMA TOTAL WIRE TRANSFER OUT $11,999.91 $54,136.54 $162.50 $5,000.00 $1,522.47 $100,671.63 $2,281.92 $182,922.89 $11,999.91 $54,093.71 $162.50 $5,237.55 $430,191.53 008 w o 0 0 o.y Q O Q d �rz wa �wx M W Z �0 b b b O O O 10 UO O O M M O rl ti � ry Y O U w o £ N U P N rl a * p * * * * * J J J J J N Y Q Q Q ¢Q W U w H r H F F z 2 0 o w o 00 0* rNr Q K K Q K J Z 1 £ O 0 z w Z O £ O o 01 p O O O £ ❑o W JN H i Z W Z Z o d* Q O f N W 1- W H W N w0 N > Q > Q > > W H dN HUB O K ✓+ � Q F* d\ Ni C O* w d H z d J �" a oLL 0 0 o O o ❑w ~ Za P o ti n w a m n co z d P Q w P w Z O N O O 0 O O OJ oz o zr o O 2 n .a Q O O Ho 0 6 Q z co z w oo O o0 0 mow: m \r dN N ¢N d'N YQ W\ \ 1-\ W\ UO KIT P KID wN W Q N N O N N S U\ U\ d\ ON ti J Z o £ rl J rY Z¢ Y d Z WO Yo d'o Ho W ro Ho Fo 0 N J Z Z O . 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O.O. * * ❑ * z O t Z W W. %%% * * Q q 1 W WW * * *(N o Q N 1 00 N f i 0 Z G z Z O \JZ�O IT m m • J J1-I JS ooH + N 0 m . m m c c J O H 0 H N N u. \NOIN 0 0 0 0 00000 O O c a 00 00 OQ N£ I Q ==Waw SSO: O: O: 2 2 HJ FS HO_ ., coa l o_Mm Jl . O* * * N N ❑ •• Now. 0. * * O P N KQONw * P N Q O: J MM 1[I If1 1I1 * oY . qw r w gr.z mI b b > a z z a.r . M¢m . o0 0 w � o_aU � LLmN � rr r r q q LL 039 64zo QuiArcu h. Fk OF TNE9 COUNCIL/RDA MEETING DATE: December 21, 2010 ITEM TITLE: Receive and File Treasurer's Report dated October 31, 2010 RECOMMENDATION: Receive and File. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated October 31, 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, I l�� John M. Falconer, Finance Director 040 Approved for submission by: homas P. Genovese, City Manager Attachment: 1. Treasurer's Report, City of La Quinta 041 2 MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for October 31, 2010 DATE: November 30, 2010 Attached is the Treasurers Report for the month ending October 31, 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: Investment Beginning Purchased Notes Sold/Matured Other Endin Chan e LAIF $ 46,914,612 $ 59,042 $ (3,200,000) 350,001 $ 44,123,655 (2,790,957) Certificates of Deposit 969,000 18,069 969,000 87,984,998 0 18,069 US Treasuries 87,966,929 (2) 0 0 0 US Gov't Sponsored Enterprises - (2) 0 0 0 Commercial Paper - 15,143,378 (2) (12,178) 15,131,200 (12,178) Corporate Notes 1 0 581,796 0 Mutual Funds $ 681,796 151,575,715 $ 59,042 $ 3,200,000 $ 355,892 1 $ 148,790,649 $ 2,785,066 Subtotal Cash $ 240,460 $ 722,339 1 & 3 $ 481,879 722.339 Total $ 151,335,255 $ 781,381 $ 3,200,000 $ 355,892 $ 149,272,528 $ 2,062,727 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. I113012- o/v Date 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. (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. 042 3 Treasurer's Commentary For the Month of October 2010 Cash Balances — The portfolio size decreased by $2.1 million to end the month at $149.27 million. The major reason for the decrease was payments to the Riverside County Sherriff of $836,000, semi annual debt service payments of $552,090 for the City Hall Bond issue, and payments of $424,000 for Capital Projects. Investment Activity — The investment activity resulted in an average maturity decrease of 19 days from the prior month to end the month of October at 88 days. The Treasurer follows a buy and hold investment policy with no investment purchased made during the month of October. The sweep account earned $13 in interest income for the month of October and the bank fees for the month were $ 1,837 which resulted in a net decrease of $1,824 in real savings. Portfolio Performance — The overall portfolio performance had no change from the prior month and ended at .51 % for the month, with the pooled cash investments at .55%. The portfolio yield should continue to stay at these levels for the near future. At this time last year, the portfolio was yielding .50% which reflects the current interest rate environment. Looking 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. The Treasurer will not be investing in non-TLGP corporate notes, non-TLGP commercial paper or Fannie Mae or Freddie Mac Government Sponsored Enterprises (GSE) due to the current economic conditions affecting the financial markets. 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F`k OF TNE9 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 21, 2010 BUSINESS SESSION: ITEM TITLE: Receive and File Revenue and Expenditure Report dated October 31, 2010 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: Transmittal of the October 31, 2010 Statement of Revenue and Expenditures for the City of La Quinta. Respectfully submitted, X4& Vt John M. Falconer, Finance Director Approved for submission by: !Thomas P. Genovese, City Manager Attachment: 1 . Revenue and Expenditures, October 31, 2010 052 CITY OF LA QUINTA REVENUES -ALL FUNDS 07101/2010-10/3112010 ADJUSTED FUNDS BUDGET RECEIVED RECEIVED General $35,011,682.00 $5,796,850.88 16.60% Library 2,591,200.00 0,00 0.00% Gas Tax Revenue 1,104,000,00 135,270.67 12.30 % Federal Assistance 190.000.00 0.00 0.00% JAG Grant 20,643.00 4,065.00 19,70 % Slesf (Cops) Revenue 100,000.00 3,46 0.00% Indian Gaming 0.00 0.00 0.00% Lighting & Landscaping 965,300.00 36,988.96 3,80% RCTC 0.00 0.00 000% 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 I 0.00 114.22 0.00% South Coast Air Quality 53,400.00 21,585.27 40.40°% CMAQ/ISTEA 0,00 0.00 0.00% Transportation 443,200.00 82,350.17 18.60% Parks & Recreation 89,200.00 8,920.00 10,00 % Civic Center 127,600.00 16.985.91 13.30% Library Development 35,500.00 3,550.00 10.00% Community Center 13,200.00 972.37 7.40% Street Facility 20,717.00 3,642.77 17.60% Park Facility 2,200.00 220.02 10.00% Fire Protection Facility 29,800.00 5,363.96 18.00% Arts In Public Places 31,325.00 15,397.02 49.20% Interest Allocation 0.00 62,822.46 0.00% Capital Improvement 91,917,166.00 2,797,279.97 3,00% Equipment Replacement 34,376.00 28,130.66 81.80% Information Technology 7,796.00 2,531,24 32.50% Park Equipment & Facility 3,400.00 149.17 4A0 % SilverRock Golf 3,652,607.00 373,415.92 10.20% 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 4,397,055.63 66S0 % RDA Project Area No. 1 59,235,334.00 3,045,627.51 5.10% RDA Project Area No.2 35,857,248.00 1,495,290.31 4,20% La Quinta Housing Authority 408,750,00 88,886.99 21.70% Total $238,697,428.00 $18,440,682.05 7,70% N CITY OF LA OUINTA EXPENDITURES - ALL FUNDS ADJUSTED 07101I2010-1013112010 REMAINING FUNDS BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENT General $35,719,073W 8, 196, 524.24 $113,932.91 $27,408,61585 229% Library 1,720,490.00 407.736.84 0.00 1,312,753A6 23.7% Gas Tax 1490,702.00 343,703.50 0.00 1, 146,995.20 23.1% Federal Assistance 431,087.00 0,00 000 431,087.W 00% JAG Grant 24,50000 4.065.00 0.00 20,43500 16.6% Sinai (Cops) Revenue 100,00000 0.00 0Q0 100,000.00 0.0% 0.0% Indian Gaming 0,00 965,300.00 0.00 321 768.W 0.00 0.00 0,00 643,532.00 33.3% Lighting S Landscaping 0.00 0Q0 0.00 0.00 0.0% RCTC Development Agreement 0.00 0,00 0.00 0W 0.0% 0.0% CV Violent Crime Task Force 0.00 426,588.00 coo 68,317,83 0.00 2,W0.W 0,00 356,270.17 16.0% AS 939 Quimby 9,976,335.00 586,807C9 0.00 9,389,527.91 5.9% Infrastructure 393,074.00 0,00 0.00 393,074.00 0.0% Proposition l8 575,785.00 111,07253 000 464, 71247 193% South Coast Air Quality 304182,00 200,760.30 0,00 103,421,70 66.0% CMAO 1,007,10500 0.00 000 16W,105.00 0.0% Transportation 4,395,436.00 W5,779.31 0,00 4,029.65669 83% Parks B Recreation 9,800.00 1923.08 0,00 7976,92 18.6% Civic Center 261,858.00 79, 549A3 0.00 182.301 30.4% Library Development 12,700,00 2,488,12 000 10,211,88 19.6% Community Center 0.00 O.W 0.00 0,00 0.0% Street Facility 654,503.00 10,79784 0.00 643,705,16 1.6% Park Facility 2,917,00 198.02 000 2,718.98 6.8% Fire Protection 6.000W 1.20048 000 4,799.52 20.0% Arts In Public Places 476,201 46,656.12 0.00 429,543,88 9.8% Interest Allocation 000 91,917,168.00 0,00 2,797, 279,97 0.00 122,572.68 000 88,997,31535 0.0% 30% Capital Improvement Equipment Replacement 589,64T00 65.75072 3,04700 520,849.28 112% Information Technology 535,752.00 159,06005 573.24 376.11871 29.7% Park Maintenance Facility 510,81500 990.00 000 509.825.00 0.2% SilverRock Golf 3,823601.W 924,882.13 0,00 2,598,71887 24.2% SilverRock Reserve 0.00 2,00000 0.00 0.00 0,00 000 0 W 2.00000 0.0% 00% LO Public Safety Of La Quinta Financing Authority 6,600,456.00 4,401926,92 0.00 2,198,529Q8 66.7% La Quinta Housing Authority 419.350.W 41,287.65 0.00 378,066,37 0,00 RDA Project Area No. 1 98,740,594.00 14,495,55930 0.00 84,245.03470 147% RDA Project Area No, 2 53,214,142.00 3,908,222.40 0.00 49,305,91960 7.3% total 3 CITY OF LA OUINTA 07/0112010-10/31/2010 REMAINING GENERAL FUND REVENUES DETAIL ADJUSTED BUDGET RECEIVED BUDGET RECEIVED TAXES: Property Tax 2,109,900.00 199,598.05 1,910,301.95 9.460% No Low Property Tax Distribution 4,073,000.00 424,252.48 3,648,747.52 10.420% Statutory Tax - LO 100,000.00 0.00 100,000.00 0.000% Statutory Tax- Riverside Cnty 226,600.00 0.00 226,600.00 0.000% Sales Tax 4,977,750.00 665,097.70 4,312,652.30 13.360% Sales Tax Reimbursement 1,659,250.00 0.00 1,659.250.00 0.000% Document Transfer Tax 384,300.00 103,361.07 280,938.93 2&900% Transient Occupancy Tax 4,000,000.00 509,480.66 1 Transient Occupancy Tax- Mitigation Measures 251,OOO.00 7,126.90 243, 73.10 243,873.10 2.840% .840 Franchise Tax 1,454,600.00 277,547,35 1,177,052.65 19.080% TOTALTAXES 19,236,400.00 2,186,464.21 17,049,935.79 11.370% LICENSE & PERMITS: 288,400.00 83,102.00 205,298.00 28.810% Business License 29,700.00 10,744,00 18.956.00 36.180% Animal License 200,000.00 79,017.22 120,982.78 39.510% Building Permits 25,000.00 8,625.75 16,374.25 34.500% Plumbing Permits 19,000.00 9,634.00 9,366.00 50.710% Mechanical Permits 28,000.00 9,526.43 18,473.57 34.020% Electrical Permits Garage Sale Permits 15,000,00 5,420.00 9,580,00 36.130% Misc. Permits 67,000,00 18,398.35 48,601.65 27.460% TOTAL LICENSES & PERMITS 672,100.00 224,467.75 447,632.25 33.400% FEES: Sale of Maps & Publications 4,000.00 606.12 3,393.88 15.150% Community Services Fees 354,100.00 190,670.08 163,429.92 53.850% Finance 8,050.00 120.00 7,930.00 1.490% Bldg & Safety Fees 170,000.00 57,465.50 112,534.50 33,800 % Bldg & Safety Lease Revenue 62,000.00 15,000.00 47,000.00 24.190% SMIP Fees 1,000.00 41.31 958.69 4.130% Community Development Fees 50,000.00 21,984.50 28,015.50 43,970% Public Works Fees 235,500.00 57,016.00 178,484.00 24.210% TOTAL FEES 884.650.00 342,903.51 641,746.49 38.760% INTERGOVERNMENTAL 3,627,800.00 33,519.66 3,594,280.34 0.920% Motor Vehicle In -Lieu Motor Vehicle Code Fines 102,900.00 20,031.38 82,868.62 19.470% Parking Violations 56,700.00 11,52343 45,176.57 20,320% Misc. Fines 166,500.00 30,842.73 135,657.27 18.520% Federal Govl Grants 192,700.00 35,354.50 157,345.50 18.350% County of Riverside Grant 0.00 0.00 0.00 0.000% State of California Grant 25,194.00 1,408.24 23,785.76 5,590% Fire Services Credit - Capital (10150003375010) 528,916.00 293,562.91 235,353.09 55.500% Fire Services Credit -Oper (10150003375000) 5,154,438.00 1,133,724.49 4,020,713.51 22.000% CVWD 16,800.00 4,200.00 12,600.00 25.000% CSA152 Assessment 250,000.00 297,284.63 (47 284.63) 118.910% TOTAL INTERGOVERNMENTAL 10.121,946.00 1,861,451.97 8,260,496.03 18.390% INTEREST 3,853,350.00 1,153.348.01 2,700,001,99 29,930% MISCELLANEOUS 5,000.00 12,345.44 (7,345.44) 246.910% Miscellaneous Revenue 20,000.00 0.00 20,000.00 0.000% AB939 0.00 0.00 0.00 0.000% Insurance Recoveries 0.00 0.00 0.00 0.000% Assmat Dist Surplus 0,00 0.00 0.00 0.000% Other Mitigation Measures 0.00 0.00 0.00 0.000% Litigation settlement Advertising Coop 65,000.00 11,800.00 53,200.00 18.150% Cash Over/(Short) 50.00 4.99 45,01 9.980% TOTAL MISCELLANEOUS 90,050,00 24,15043 65,899.57 26,820% TRANSFERIN 153,184.00 4,065.00 149,119.00 2.650% TOTAL GENERAL FUND 35,011,682.00 5,796,850.88 29,214,831.1 116.560% 055 n CITY OF LA DUINTA 07101/2010 - 10/3112010 GENERAL FUND EXPENDITURE SUMMARY ADJUSTED 10131/10 REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE GENERAL GOVERNMENT: LEGISLATIVE 13603036 0,00 18.29% CITYMANAGER'S OFFICE 445,96800 448,100B0 136,309, 3 0.00 312,93764 312,059.27 30.37% DEVELOPMENT SERVICES 1,763,500.00 568,309.94 0.00 1,195,190.06 32.23°b MANAGEMENT SERVICES 162115000 1152 V220 000 1007977.80 _ 37.82% TOTAL GENERAL GOVERNMENT 4,778,]68.00 1,490,603.23 0.00 3,288,164.77 31.19b CITY CLERK 65679700 18455323 000 472243.97 28.10% TOTAL CITY CLERK 656,797.00 1. 553.03 0.00 472,243.W 2810% COMMUNITY SERVICES PARKS B RECREATION ADMINISTRAT 1,092,319. 00 379,25545 BAD 713,06355 3472% SENIOR CENTER 384, 52500 104,354.46 0,00 280,170.64 27.14% PARKS 8 RECREATION PROGRAMS 193, 525.00 58,316.07 000 135,208,93 30,13% LIBRARY 1,442,745.00 226,905,91 000 1,215,839,09 1573% PARK MAINTENANCE 989,200.00 248,34406 12,200.00 728,655.94 25.11% MUSEUM 277745W 4590304 000 231841.96 16.53% TOTAL COMMUNITY SERVICES 4, 380,05900 1,06307899 12,200.00 3,364, 78001 2427A FINANCE FISCAL SERVICES 988 314,10310 000 686,830 CENTRAL SERVICES 274300.00 27430000 7410310 200/9690 2...... 90 27.02% 27B2%, TOTAL FINANCE 1,262,530.00 375,502.60 6.00 0.00 887,02]40 29.74% BUILDING 8 SAFETY: BUILDING&SAFETY -ADMIN 0.00 228,713.91 3061% BUILDING 860,300.00 263,304.09 281,844.85 30.61% CODECOMPLIANCECONTROL 945,750.00 297,58390 750.00 1,750.00 662,155,20 29.80% ANIMAL CONTROL 370,790.00 1500.00 271,706,10 271,927B9 26.32% FIRE 4,953,156.00 953166B0 89,23891 1,188,25430 0,00 3, % EMERGENCYSERVICESBUILDING-OPERATION IDIN 161550.00 8,254.30 153,29570 5.11% 5,11 CIVIC CENTER UI 75.00 696 747.19 6.00 461,29570 461,961.36 BUILDING & SAFETY TOTAL BUILDINGBSAFETY 9 822, 8,782,831.00 2,640,560.04 816.45 3,816.45 6,138,454.51 30,07% 30.W% POLICE: POLICE SERVICES 12,733,426.00 1,764,253.58 7,928.64 10,961 243]8 13.86% TOTAL PUBLIC SAFETY 12,733,426. 00 1 ]64,253.58 7,928.64 10,961,243. 78 13.86% COMMUNITY DEVELOPMENT: CURRENITVDEVELOPMENT -ADMIN 7814,925.00 300,170.10 000 1, 114, 754.90 24,53% 615500.00 15095766 000 464,54234 2453% TOTAL COMMUNITY DEVELOPMENT TOTAL COMMUNITY 2,030,42500 451,127]6 0.00 1,579,297.24 2222% PUBLIC WORKS: ADMINISTRATION PUBLICDEVELOPMENT 618,090.00 000 24.39% PWORKSMENT 2W,978.08 519,756,13 27.89% MAINTOPMENTBTRAFFIC MAINT/OPERATIONS- STREETS 247.631,00 376,621.67 7,55 15,49000 855,511.79 1,303,00848 16.76% MAINT/OPERATIONS- LTG/LANDSCAF 1,721,03000 1]21,030.00 418,021.52 418,027.52 0.00 1303,008.48 24.29% CONSTRUCTION MANAGEMENT 126173500 30090868 7449% 836336.3 _ 2385% TOTAL PUBLIC WORKS 6,569,221,009 1 447,263.81 89,987.82 5,031,969.37 22.03% TRANSFERS OUT 1410,481.00 660,786.54 000 749,69446 46.85% GENERAL FUND REIMBURSEMENTS (6885,465 00) (1,881,205 34) 000 (5004259B6) 27.32% NET GENERAL FUND EXPENDITURES 35,719,073.00 8,196,524,24 113,932.91 27,408,615.85 22,95% ae, 056 5 CITY OF LA OUINTA 07/01/2010-1013112010 ALL OTHER FUNDS REVENUE DETAIL ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside 2,586,500.00 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 41,188.84 186,811.16 18.070% Section 2106 138,300.00 27,500.69 110,799.31 19.880% Section 2107 303,800.00 55,968.36 247,831.64 16.420% Section 2107.5 6.000.00 0.00 6,000.00 0,000% Section 2103 0.00 10,568.32 (10,568.32) 0.000% Traffic Congestion Relief 427,800.00 0.00 427,800.00 0.000% Interest 100,00 44.46 56.54 44.460% TOTAL GAS TAX 1,104,000.00 135,270.67 968,729.33 12.250% 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 a000% TOTAL FEDERAL ASSISTANCE 190 000.00 0.00 190,000.00 0.000% JAG GRANT Grant Revenue 20,643.00 4,065.00 16,578.00 19.690% Interest 0.00 0.00 0.00 0.000% TOTAL JAG GRANT 20,643.00 4,065.00 16,578.00 19.690% SLESF (COPS) REVENUE: SLESF (Cops) Funding 100,000.00 0.00 100,000.00 0,000% Interest 000 346 (3,46) 0.000% TOTAL SLESF (COPS) 10Q000.00 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 36,988.96 928,311.04 3.830% Developer 0.00 0.00 0.00 0.000% Interest 0.00 0,00 0.00 0,000% TOTAL LIGHTING & LANDSCAPING 965,300.00 36,988.96 928,311.04 3.830% 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: 0.00 0.00 0.00 % AB 939 Fees Interest 5,500.00 260.90 5,239.10 4.740 .740% Transfer In 12,500.00 12,500.00 0.00 100.000% TOTAL AS 939 �.. C 5 7 A 07/01/2010 - 10/31/2010 CITY OF LA QUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED QUIMBY REVENUE: Quimby Fees 60,000.00 0.00 60,000.00 0,000% Donations 0.00 0.00 0.00 0.000% Interest 4,400.00 2,304.97 2,095.03 52.390% TOTAL QUIMBY INFRASTRUCTURE REVENUE: Utility refund 0.00 0.00 0.00 0.000% Interest llmoo 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 0.00 0.00 0.00 0.000% Prop lB Grant Interest 6 00 114.22 (114.22) _0�.000% TOTAL PROPOSITION 1 8 f�f12� 0.000 aT SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution 48,900.00 13.311.&4 35,588.16 27.220% MSRC Funding 4,300.00 8,224.26 (3,924.26) 191.260% 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 21,585.27 31,814.73 40.420% CMAQIISTEA 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 81,490.16 360.009.84 18,460% 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 82,350.17 360,849.83 18,580% PARKS 8 RECREATION Developer fees 89,200.00 8,920.00 80,280.00 10.000% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 moo TOTAL PARKS 8 RECREATION 89.200.00 8,920.00 80,280.00 10.000% CIVIC CENTER Developer fees 127,600,00 16,985.91 110,614.09 13.310 % Interest 0.00 0.00 0.00 0.000% Transferin 0,00 0.00 0.00 0.000% TOTAL CIVIC CENTER 127,600.00 16,985.91 110,614.09 13.310% LIBRARY DEVELOPMENT Developer fees 35.500.00 3,550.00 31,950.00 10.000% 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 3,550.00 31,950.00 10.000% COMMUNITY CENTER Developer fees 7,400.00 740.00 6,660.00 10.000% Interest 5,800,00 232.37 5,567.63 4.010% TOTAL COMMUNITY CENTER 13,200.00 972.37 12,227.63 7.370% c58 07/01/2010-1013112010 CITY OF LA QUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED STREET FACILITY 17,800.00 3,444.75 14,355.25 19.350% Developer fees 0.00 0.00 0.00 0,000% Interest Transfer In 2,917.00 198.02 2,718.98 6.790% TOTAL STREET FACILITY 20,717.00 3,642.77 17,074.23 17.580% PARK FACILITY Developer fees 2,200.00 220.00 1,980.00 10.000% Interest 0 00 0.02 (0 02) 0.000% TOTAL PARK FACILITY 2.200.00 220.02 1,979.98 10.000% FIRE PROTECTION FACILITY 29,800.00 5,363.96 24,436.04 18.000% Developer fees 0.00 0.00 0.00 0.000% Interest TOTAL FIRE PROTECTION FACILITY 29,800.00 5,363.96 24,436.04 18.000% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 30,825.00 15,221.88 15,603.12 49,380% Arts in Public Places Credits Applied 0.00 0.00 0.00 0.000% Insurance Recoveries 0.00 0.00 0.00 0.000% Donations 0.00 0.00 0.00 0.000% Interest 500.00 175.14 324.86 35.030% TOTAL ARTS IN PUBLIC PLACES 31,325.00 15,397,02 15,92T98 49.150% INTEREST ALLOCATION FUND: 0.00 62.822.46 (62,822.46) 0.000% Po0led Cash Allocated Interest 0.00 0.00 0,00 0.000% Transfer In TOTAL INTEREST ALLOCATION 0 00 62 822.46 (62,822.46) 0.000% c5� s 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 SB821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE 904420 EQUIPMENT REPLACEMENT FUND: Equipment Charges Capital Contribution Sale of Fixed Asset Insurance Recoveries Interest Transfers In TOTAL EQUIPMENT REPLACEMENT 0710112010-10/3112010 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 1,920,627.00 292,431.50 1.628,195.50 15.230% 0.00 0.00 0.00 0.000% 163,206.00 0.00 163,206.00 0.000% 9,643,637.00 93,260.90 9,550,376.10 0,970% O.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% 79,364,161.00 2,411,587,57 76,952,573.43 3.040% 91,917,166.00 2,797,279.97 89,119,886.03 19.240% 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% 34376.00 28,130.68 6,245.34 81.130% INFORMATION TECHNOLOGY FUND: 2,295,00 2.295.00 0.00 100.000% Charges for services 0.00 0.00 0.00 0.000% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 5,500,00 236.24 5,263.76 4.300% Interest 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 0.00 0.00 0.00 0.000% Charges for services 3,400.00 149.17 3,250.83 4,390% Interest O.00 0,00 0.00 0.000% Capital Contributions TOTAL PARK EQUIPMENT & FAC 3,400.00 149.17 3,250.83 4.390% SILVERROCK GOLF 3,111,458.00 317,426.31 2,794,031.69 10.200% Green fees Range fees 117,656.00 9,687.00 107,969.00 8.230% Resident Card 105,000.00 14,345.00 90,655.00 13.660% Bob Hope Chrysler Classic 0.00 0.00 0.00 0.000% Merchandise 306,493.00 31,957.61 274.535.39 10.430% Food & Beverage 12,000.00 0,00 12,000,00 0.000% Allocated Interest Income 0.00 0.00 0.00 0.000% Transfers In 0.00 0.00 0.00 0.000% TOTAL SILVERROCK GOLF 3,652,607.00 373,415.92 3,279,191.08 10.220% SILVERROCK GOLF RESERVE 1,500.00 60.11 1,439.89 4.010% Interest Transfers In 62,229.00 0.00 62,229.00 0.000% TOTAL SILVERROCK GOLF 63,729.00 60.11 63,668.89 0.090% LO PUBLIC SAFETY OFFICER FUND 2,000.00 2,000.00 0.00 100.000% Transferin 100.00 4.95 95.05 4.950% Interest TOTAL LQ PUBLIC SAFETY 2.100.00 2,004.95 95.05 95.470% 44. C 6 6 E CITY OF LA QUINTA OTHER CITY FUNDS ADJUSTED 10/31/10 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 0DO REIMBURSE GENERAL FUND 1.720,490.00 407,736.84 0.00 1,312,753.16 TRANSFER OUT 000 0.00 0.00 TOTAL LIBRARY FUND l.f2O,49000 GAS TAX CONTRACT SERVICES 0.00 0.00 0,00 0.00 REIMBURSE GENERAL FUND 1,016,184.00 338,728,00 0,00 677,456.00 TRANSFER OUT 474,51800 4978.80 000 469539.20 TOTAL GAS TAX FUNDO FEDERAL ASSISTANCE FUND: TRANSFER OUT 431 087.00 0.00 431.08] 00 TOTAL FEDERAL ASSISTANCE FUND JAG GRANT TRANSFER OUT TOTAL JAG GRANT 24,500.00 4,W5.00 000 20,435W SLESF (COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 100 000.00 0.00 _ _0.00 i W,000.W INDIAN GAMING FUND TRANSFER OUT 0,00 000 0,00 0,00 TOTAL INDIAN GAMING FUND Dw LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 965,300.00 321,768,W 0,00 643,632,00 TRANSFER OUT 0 W 0.00 000 0 W TOTAL LTG/LANDSCAPING FUND -DO_. 0,00 u4T= RCTC TRANSFER OUT 0 W 0.00 0,00 0 W TOTAL RCTC 0.00_. DEVELOPMENT AGREEMENT FUND CONSTRUCTION 000 0.00 0.00 000 REIMBURSE GENERAL FUND 0.00 0,00 0.00 0.00 TRANSFER OUT 0.00 000 000 000 TOTAL DEV AGREEMENT FUND 000 CRIME VIOLENT TASK FORCE OPERATING EXPENSES 0,00 000 0.00 0.00 TRANSFER OUT 000 0.00 0.00 0.00 TOTAL CRIME VIOLENT TASK FORCE 0.0 AB 939 OPERATING EXPENSES 163,100.00 37788.98 2,W0.00 123,311.02 REIMBURSE GENERAL FUND 69,20900 23,072.00 0.00 46,137,00 TRANSFER OUT 114279.W 7,456.85 000 186,822.15 TOTAL AB 939426:585 QUIMBY FUND: FEASIBILITY STUDY 000 Dw 0.00 0,00 REIMBURSE DEVELOPER FEES 0.00 0,00 0.00 000 TRANSFER OUT 9,976,335.00 586,807,09 0.00 9,389,527.91 TOTAL QUIMBY 9,9t6,33b 00 sm'sulm INFRASTRUCTURE FUND 0.00 000 000 0.00 CONSTRUCTION REIMBURSE GENERAL FUND 0.00 0,00 0.00 0.00 TRANSFER OUT 393,'74.00 000 000 393,074.00 TOTAL INFRASTRUCTURE PROPOSITION 1 B - SB 1266 TRANSFER OUT TOTAL PROPOSITION I B FUND 57578500 111072.53 0,00 464,71247 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 48,900,00 5.990.33 0.00 42.909.67 TRANSFER OUT 255,282 00 1614:769,97 0 GO60,512.03 TOTAL SOUTH COAST AIR QUALITY IN 810 CMAQ PROJECT EXPENDITURES OW 000 000 0.00 TRANSFER OUT 1!007 O.W 0.00 1007,105W TOTALCMAQ TRANSPORTATION 0.00 0,00 0.00 0,00 PROGRAM COSTS 0.00 0,00 0.00 0.00 CONTRIBUTION TRANSFER OUT 4,395436.00 365779.31 0.00 4,029656.69 TOTAL TRANSPORTATION365 PARKS & RECREATION INTEREST ON ADVANCE 9,800,00 182308 0.00 7976.92 TRANSFER OUT 0.00 0.00 000 0.00 TOTAL PARKS & RECREATION CIVIC CENTER 0.00 0.00 0.00 0.00 SERVICES INTEREST ON ADVANCE 60,10000 12,297,93 0.00 47,802.07 REIMBURSE GENERAL FUND 201,75800 67,25200 0.00 134.506.00 TRANSFER OUT BOB 0.00 0.00 0.00 TOTAL CIVIC CENTER LIBRARY DEVELOPMENT PROGRAM COSTS INTEREST ON ADVANCE TRANSFER OUT TOTAL 0,00 0.00 12,700,00 2.488.12 0.00 ^ 9 10.211.88 v 6 1 0.00 10 CITY OF LA QUINTA OTHER CITY FUNDS ADJUSTED 10/31/10 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER 0.00 0.00 0.00 0.00 PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL COMMUNITY CENTER 000 Dou ow STREET FACILITY 0.00 0.00 PROGRAM COSTS INTEREST ON ADVANCE /3,100.00 7,0.01 1,827.01 0.00 2,99 11,272A7 TRANSFER OUT 64140300 8,9]0.83 0.00 632,432.17 TOTAL STREET FACILITY PARK FACILITY 0.00 0.00 000 0.00 PROGRAM COSTS TRANSFER OUT 2917.00 198102 0.00 2718.98 TOTAL PARK FACILITY FIRE PROTECTION INTEREST ON ADVANCE 6,000.00 1,200.48 000 4,799.52 TRANSFER OUT 000 O.OD 000 0.00 TOTAL FIRE PROTECTION DIF ART IN PUBLIC PLACES FUND 20,000,00 0.00 0.00 20,000.00 MAINTENANCE EXPENSES-APP 4,70000 225,37 0,00 4,47363 OPERATING EXPENSES-APP 251600,00 46,429.75 0,00 205,070.25 ART PURCHASES TRANSFER OUT 200,00000 000 0.00 200,00000 TOTAL ART IN PUBLIC PLACES - CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 91,007,147,00 2,742,13547 122,572.68 88,142.438. 85 PROJECT REIMBURSEMENTS TO GEN FUND 910,021.00 55,144.50 0.00 854.876.50 TRANSFER OUT 0.00 0.00 000 0.00 TOTAL CAPITAL IMPROVEMENT EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 414,563.00 65,750.72 3,047,00 345,765,28 DEPRECIATION EXPENSES 176,084.00 0.00 0,00 175, 08400 CAPITAL PURCHASES 0,00 0.00 0.00 0.00 000 0,00 0.00 TRANSFER OUT 0,00 TOTAL EQUIPMENT REPLACEMENT FUND INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 354, 525.00 120,972,29 57324 232,979,47 DEPRECIATION EXPENSES 94,977.00 0,00 0.00 94,97700 CAPITAL PURCHASES 86250.00 38,08]]6 0.00 48, 162.24 TOTAL INFORMATION TECHNOLOGYTgg PARK MAINTENANCE FACILITY 9,000.00 0.00 0.00 OPERATING EXPENSES DEPRECIATION EXPENSES 441,391.00 0.00 000 1,391,00 44,391.00 CAPITAL PURCHASES 0.00 60424.00 0.00 990.00 0.00 0.00 000 59,434.00 TRANSFER OUT TOTAL PARK MAINTENANCE FAC 00 SILVERROCK GOLF OPERATING EXPENSES 3, 761372.00 924,882.13 0,00 2,836,489.87 TRANSFER OUT 62229.00 000 0.00 6222900 TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE 000 0.00 000 0,00 TRANSFER OUT TOTAL SILVERROCK GOLF RESERVE U,UQ um um LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 200000 0.00 0.00 2000.00 C62 11 Tit4t of..CPqu«rw COUNCIL/RDA MEETING DATE: December 21, 2010 ITEM TITLE: Approval of a Recipient for the 2011 Senior Inspiration Award Program RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve Barbara Irwin as the recipient for the 2011 Senior Inspiration Award. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Senior Inspiration Award provides an opportunity to recognize and honor outstanding seniors throughout the Coachella Valley. On December 13, 2010, the Community Services Commission was asked to select one outstanding senior recipient who meets the following the criteria: the honoree should be at least 70 years old; reside in the City of La Quinta; demonstrate involvement in community affairs for a lengthy period of time; and personify a healthy and active attitude and lifestyle. Staff sent out a letter (Attachment 1) to the following organizations: La Quinta Chamber of Commerce, La Quinta Historical Society, La Quinta Rotary Club, Friends of the La Quinta Library, Friends of the La Quinta Senior Center, La Quinta Arts Foundation, and Soroptimist International of La Quinta requesting nominees for the 2010 Senior Inspiration Award. 063 Two nominations were received: Gary Nelson from the La Quinta Arts Foundation; and Barbara Irwin from the Soroptomist International La Quinta. All nominees met the criteria for the award and brief synopses are provided as Attachments 2 and 3. The Senior Inspiration Award Luncheon will be held on Friday, April 8, 2011 at the Palm Springs Riviera Resort and Spa. On December 13, 2010, the Community Services Commission reviewed the applications and recommends Barbara Irwin as the 2011 Senior Inspiration Award recipient. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Barbara Irwin as the recipient for the 2011 Senior Inspiration Award; or 2. Do hot approve Barbara Irwin as the recipient for the 2011 Senior Inspiration Award; or 3. Provide staff with alternative direction Respectfully submitted, Edie Hyltdn ,/ Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Letter requesting nominations 2. Biography information for Gary Nelson 3. Biography information for Barbara Irwin • C64 ATTACHMENT 1 November 10, 2010 Dear: Since 1992, the County of Riverside and the nine incorporated cities of the Coachella Valley have sponsored the annual Senior Inspiration Awards. Each city selects one recipient (a single man or woman) as their outstanding senior recipient for this event. This year the event will be held on Friday, April 8, 2011 at the Palm Springs Riviera Resort & Spa. Please submit one or more names, along with a brief summary (maximum 150 words) on why you chose that person. The following is the criteria: • The honoree should be at least 70 years old or older; • Reside in La Quinta; • Be actively involved in community affairs for a lengthy period of time; • Deserves to receive recognition and/or may not otherwise receive recognition for their service to the community; • Personify a healthy, active and contributing attitude and lifestyle. Nomination forms are enclosed for your selections. Please complete one or more and return to Christina Calderon at the La Quinta Senior Center, 78-450 Avenida La Fonda, La Quinta, CA 92253 no later than December 3, 2010. Thank you for your assistance. It is most appreciated. Sincerely, DON ADOLPH, Mayor City of La Quinta Enclosure cc: City Council Edie Hylton, Community Services Director Christina Calderon, Recreation Supervisor 0.1 I, 065 2011 Senior InspirationAwards ATTACHMENT 2 NOMINATION FORM Please do not embarrass your ONE nominee by not meeting the award criteria Must be at least 70 years old; reside in your city; actively involved in community affairs for a lengthy period of time; Deserves to receive recognition and/or may not otherwise receive recognition for their service to the community; Personify a healthy, active, and contributing attitude and lifestyle Nominating City: La Quinta Arts Foundation Wgipient's First and Last Name: Gary Nelson DOB: 713111938 No later than April 23, 1940 Age. 72 541a&ngAddress: 47935 Via Trieste La Quinta, Ca 92253 Tel (760)777-1977 E-mail X2tom6ca@aolcom fg4nt's Bio Born in Mankato, MN, the 101" of 10 children, Gary moved to California in 1960. He retired after 25 years of service with the Xerox Corporation as a National Account Software Manager. Gary and his wife moved to La Quinta in 2003 and became actively involved in the community. Gary has been a regular volunteer for the La Quinta Arts Foundation, a volunteer chairperson for the BNP Tennis Tournament and a Precinct Captain and a Range Inspector for voting precincts in La Quinta and Palm Desert for the past 7 years. Gary has volunteered for the Bob Hope Classic for 6 years and been a member of the Eisenhower Support Group for those with Ostomys for the past 4 years. He is an active member of World Gym, takes Tai Chi classes and is a regular at the Joslyn Center's Pinochle Group. Gary is 72 years young, he is active and is an inspiration to every retiree he meets. 'lease return this information to Christina Cafderon 6y Decem6er 3, 2010 Email preferred ccalleron @fa- uinta org or fax to: (760) 564-5004 or mail to: La Quinta Senior Center P..O. Box1504 La Quinta, CA 9224Z .,...0 066 2011 Senior Inspiration ftards ATTACHMENT 3 NOMINATION FORM Please do not embarrass your ONE nominee by not meeting the award criteria Must be at least 70 years old; reside in your city; actively involved in community affairs for a lengthy period of time; Deserves to receive recognition and/or may not otherwise receive recognition for their service to the community; Personify a healthy, active, and contributing attitude and lifestyle Nominating City. La Quinta / Soroptomist International La Quinta - CV Wscipient s'First and Last Name: DOB: 511411938 No later than April 23, 1940 Barbara Irwin Age. 72 WaiCingAddrl?S 60-440 Juniper Lane La Quinta, Ca 92253 Tel- (760) 771-1717 E-mai6 6ar6iei@dc.rr.com 2ec4ment s Bio • Barbara Irwin DOB 05-14-1938 and her supportive husband Joe have 3 children, 3 grandchildren, and raised 7 other teenagers during troubled times in their lives. • Barbara moved to La Quinta in 1991 form Calabasas, California. • Volunteered at every stage of her life; when raising her children, school, sports and church kept her busy - volunteering in all that the family participated in. • Since pretending to retire she has: o Been active in La Quinta Historical Society & the La Quinta Museum for more than 12 years, serving as President of the Historical Society from 1997 to 2003. o Teaches computer classes at Trilogy to seniors since 2003. o Facilitates & provides local historical flare during arranged tours at the La Quinta Resort to residents, city officials and potential developers. o Provides education to middle & high school students during bus tours of the East Valley - "Miss Barbara knows everything." Often receives research calls from media sources as it relates to La Quinta history or urban legends. o Serves as "pulse of the community" to La Quinta Council Members & City Officials through participation in monthly "round table" luncheons. o Has an active role in City's Emergency Preparedness Committee and serves as block captain at Trilogy. o When sitting still she enjoys knitting dish cloths and donates them to various local causes for fundraising. o Faith keeps her sane & strong. o Serves as Euristic Minister at St. Francis Church, active in Live in the Spirit & Magnificent. o Visits homebound seniors and offers support; compassionately caring for the elderly in assisted living facilities for many years. c1'lease return this information to Christina Carderon 6y fDecem6er 3, 2010 067 Emai(preferred ccalderon@Ca-yuinta. org or far, to: (7600) 564-5004 or mad to. La Quinta Senior Center P.O. BoiC1504 La Quinta, CA 92247. ce-it4f 4 4a 49mrcv COUNCIL/RDA MEETING DATE: December 21 , 2010 ITEM TITLE: Approval of Pillars of the Community Nominations RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Pillars of the Community nominations as submitted. FISCAL IMPLICATIONS: Once the names of those being recognized are approved by the City Council, they will be added to the "Book of Deeds" held in the City Clerk's office and recognized with a plaque at the "Spirit of La Quinta" fountain site on the Civic Center Campus. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On February 19, 2002, the City Council approved the criteria for the "Pillars of the Community" program. The criteria for each area are listed below: The criteria for the "Pillars of the Community" program requires the candidate to have received City-wide recognition, contributed significantly to the development of the City, and have signatures of twenty-five residents stating support for the candidate. As of this report, four applications have been submitted for consideration in support of Katie Barrows, John Kopcash, Jeffrey Smith, and Valerie Smith (Attachments 1- 4). .. 068 Name Residency Contributions Since Katie Barrows 1986 Planning Commission, Cove Neighborhood Association, Steward of the Fred Wolff Bear Creek Nature Preserve, Co -Organizer of La Quinta Trails Day John Kopcash 2002 Friends of the Library Volunteer and Board Member Jeffrey Smith 1975 La Quinta Historical Society Board Member, La Quinta CERT Member, Steward of the Fred Wolff Bear Creek Nature Preserve, Cove Neighborhood Association, Youth Accountability Board Valerie Smith 1975 La Quinta Historical Society Board Member, La Quinta CERT Member, Steward of the Fred Wolff Bear Creek Nature Preserve, Cove Neighborhood Association, Youth Accountability Board Pursuant to City Council direction on August 17, 2004, Senior Inspiration Award recipients would automatically be included in the "Pillars of the Community" recognized that year. Therefore, Kay Wolff, 2010 Senior Inspiration Award recipient, will be recognized this year. Once the City Council approves the names of those individuals to be recognized, they will be invited to attend a Pillars of the Community Event scheduled for January 14, 2011 at 1 p.m. for formal recognition. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Pillars of the Community nominations as submitted; or 2. Do not approve the Pillars of the Community nominations as submitted; or 3. Provide staff with alternative direction. Respectfully submitted, igiz " Edie Hylton Community Services Director �b3 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Nomination for Katie Barrows 2. Nomination for John Kopcash 3. Nomination for Jeffrey Smith 4. Nomination for Valerie Smith 070 - N 0 �p r6 rp O o �� i r: C eza J 0 � a J O O v O v T �` Y O 3 CD 0 o ov> o @ Y I > a o v o v d a Y v° 3: z Q LD u 9 I I m 71 'T"T :1" N '4T .2 -;t a- . J IIj k Eda � T C, V N�, 3 i E -0 c' a,.. .a cj 2 E z L a ojh_�d Gl ~ E Y rc E .G- C O O O 4r T C Tw vc,`t.m5 'izia_?.nv+lr..vw'.... .a... _. Wt013 Nr Q t Do 3 0 17 -o 0 o vo kK N Q N Q N Q N Q N Q N Q 1 � � � �' �o � r � C`• � m c `X� J -`o i a �� VI ;g `v o� °� o Z� a r R o LO w E E E E>o �q0 7 U0 o d LV L cut vi O -0 L '6 'a CL Y dl Y O i V1 Y s N O Mo Y E Q O v �vm E O m O w h _ O O L .. Z Z Q !— — O 7 i O ra � J CDv c a. 074 We highly recommend John Kopcash for the Pillar of the Community award. John has volunteered for the City of La Quinta Library for over 7 years, starting at the old Library on Calle Estado. John has been a dependable and faithful volunteer helping every week in the Friends of the Library bookstore. He sorts books, organizes and fills the shelves, and helps coordinate special library programs in the evening or on weekends. He is a responsible and dedicated volunteer and an all around good person. His kind heart and gentle spirit make volunteering alongside him a true pleasure. John proudly served his country in the U.S. Navy. He retired to La Quinta over 8 years ago after selling his automotive body and paint business in Pasadena. He and his wife Dorothy have been married 60 plus years and have a married daughter and a grown grandson. John is a valuable member of the Board of the Friends of the La Quinta Library and an active member of St. Francis Church in La Quinta. In his spare time, John is an auto enthusiast, and enjoys rooting for Ohio State Football. 075 U ^ `au o 7 C C o .S ° �aa O Ql >' Y OC _Y O O o c c 0 3 o c -9 O V _ to in = s -O C O N C Y 10 ATTACHMENT 3 `j E � cam• co O z — --------- CkL Im 2"'T E _0 -a 'a Lei -D %6-0 -0 o6 _0 c'-0 0.-0 -'a r� -a 'i -0 in < < < < < C14 < r4 < r'4 Q rN Q N Q N a , N glow. a , lz s- N 'i �T vQ �T 6¢ r< :2 c6 c; < rli ffi < I � --a Cc: o 0 C: Ij 15 Z Z�' i E 10 E ro- to -00 -C az -C Q) 0 0 0 (U Q) O map Oa) a, 0— /---- (U = .- T -0 -2 o E m 0 m. c o < :3 z zz r% 77 ATTACHMENT 4 O C CY c d c a C J Nt p i•» =.� tp a c> c a` N O N' c c -a > Cy E _0 v t c ro 3 ra a N ra Oi o v ,v C. E O C •� ai V 4 Z z a 4 > y ¢ N ¢ ti v v �^ o vryi 7 a+ 0 J n 1 S v>"... .,' .O O O w 'Mrs 1 m c V �� lu O Y v O Y 7 Y Y c V M O L v O N N a+ CL 1pVr,1 cs / ` S W c O O Q i. ow a .� 0 a v o D Tity4 4 Qaha COUNCIL/RDA MEETING DATE: December 21, 2010 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 32070, Codorniz, RJT Homes, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: (o STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to December 30, 2011 for Tract Map No. 32070, Codorniz, RJT Homes, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Codorniz (Tract Map No. 32070) is located on the southeast corner of Avenue 52 and Jefferson Street (Attachment 11. On November 3, 2005, the City and RJT Homes, LLC entered into an SIA for Tract Map No. 32070, Codorniz. 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 17, 2007, the City Council adopted a resolution granting a time extension for the completion of the off -site improvements as specified in the approved SIA to December 31, 2007. On April 1, 2008, the City Council adopted a resolution granting a second time extension for the completion of the off -site improvements as specified in the approved SIA to May 30, 2008. On January 20, 2009, the City Council adopted a resolution granting a third time extension for the completion of the off -site improvements as specified in the approved SIA to April 30, 2009. On July 21, 2009, the City Council adopted a resolution granting a fourth time extension for the completion of the off -site improvements as specified in the approved SIA to December 30, 2009. In a letter dated August 29, 2010 (Attachment 2), the developer states the weak economy and lack of home sales have put extra financial strain on Codorniz. Therefore, the developer requests a time extension to December 30, 2011 for completion of approximately 300 feet of sidewalk and landscape improvements on Avenue 52. The improvements on Jefferson Street are complete. Staff has prepared the attached resolution which provides for approval of the fifth time extension of the SIA for off -site improvements. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement to December 30, 2011 for Tract Map No. 32070, Codorniz, RJT Homes, LLC; 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 Subdivision Improvement Agreement to December 30, 2011 for Tract Map No. 32070, Codorniz, RJT Homes, LLC; or 1. 081 3. Provide staff with alternative direction. Respectfully submitted, Aothy R. Jo a son, P.E. Public Wo�l<s D ector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from RJT Homes dated August 29, 2010 082 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 DECEMBER 30, 2011 FOR TRACT MAP NO. 32070, CODORNIZ WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 32070, Codorniz, on November 3, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by December 30, 2009, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the off -site improvements as required by the approved SIA is extended to December 30, 2011. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on December 30, 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. ee>. 083 Resolution No. 2010- Tract Map No. 32070, Codorniz Adopted: December 21, 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 21st day of December 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 (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California TM 32070 - CODORNIZ ATTACHMENT 1 RACT NO. 32070 LAITY MAP ,1•1"•lPlNM ATTACHMENT 2 August 29, 2010 Timothy R. Jonasson, P.E. 78-495 Calle Tampico La Quinta, CA 92253 RE: Tract 32070 Mr. Jonasson, RJT Homes-Codorniz, LLC ii 0 Ivi RECEIVED SEP 3 0 2010 PUBLIC WORKS RJT respectfully requests a time extension for the Off -Site Subdivision Improvement Agreement. A continuation of a weak economy and consequently a lack of sales have put extra financial strain on Codomiz at this time. The remaining landscape and sidewalk improvements on Ave 52.are expected to be complete in 2011. The small area in question has recently been sealed for dust control. RJT and its employees remain committed to a clean, safe and viable project. Thank you for your tinuing patience on this matter. Chad Meyer Project Manager P.O. Box 810, La Quinta, CA 92247 .(760) 564-6555 FAX (760) %4-6505 .... 086 T-af 4 4 Q" COUNCIL/RDA MEETING DATE: December 21, 2010 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 28603-2, PGA West, KSL Land Corporation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept on -site improvements associated with Tract Map No. 28603-2, PGA West, KSL Land Corporation and authorize staff to release the performance security; direct staff to release the labor and materials security ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 28603-2, PGA West, is located within PGA West, west of Madison Street between Airport Boulevard and Avenue 58 (Attachment 1). All obligations of the Subdivision Improvement Agreement for the on -site improvements have been satisfied. Attachment 2 indicates the amount of the warranty security. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Accept the on -site improvements associated with Tract Map No. 28603-2, PGA West, KSL Land Corporation and authorize staff to release the performance security; direct staff to release the labor and materials security ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the on -site improvements associated with Tract Map No. 28603- 2, PGA West, KSL Land Corporation and do not authorize staff to release the performance security; do not direct staff to release the labor and materials security ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, mothy R. Jon Public Wo s Di ector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Warranty Security Exhibit ATTACHMENT 1 TM 28603-2 PGA WEST 53rd AVENUE 54th AVENUE -v c� PGA WEST o 58th AVENUE VICINITY NOT TO SCALE p m c z N � o 8 AIRPORT BLVD. Eq MAP Q�9 ATTACHMENT 2 WARRANTY SECURITY TM 28603-2 Development Name: PGA West r• I WIM, V.i K 111 K 111 •1' . PCII 171 ••- • • • ;v �, 'YI 111 ';L1 111 •1'. 'y 111 • .n • � ', GI 11' . 'PI Performance Security shall be released immediately upon City Council acceptance. Z Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. 3 WARRANTY SECURITY (10% of Original Performance Security) shall be received by the City prior to being placed on the agenda for City Council. 090 Tjhf 4 4 a" COUNCIL/RDA MEETING DATE: December 21, 2010 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 33336, Palo Verde II, Standard Pacific Corp. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to February 18, 2012 for Tract Map No. 33336, Palo Verde II, Standard Pacific Corp. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Palo Verde (Tract Map No. 33336) is located on the north side of Avenue 58 and west of Madison Street (Attachment 1). On February 18, 2009, the City and Standard Pacific Corp. entered into an SIA for Tract Map No. 33336, Palo Verde II. 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 ��1 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.response to changes in standards or conditions affecting oraffected by the improvements. " In a letter dated December 2, 2010 (Attachment 2), the developer states that the current housing market conditions have resulted in a considerable slow down of the construction schedule for this neighborhood. Construction of the on -site improvements has not commenced. The developer states construction activity has been halted until the new home market rebounds. Therefore, the developer requests a time extension for completion of the on -site improvements. Staff has prepared the attached resolution which provides for approval of a time extension of the SIA for on - site improvements to February 18, 2012. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved SIA to February 18, 2012 for Tract Map No. 33336, Palo Verde ll, Standard Pacific Corp.; 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 February 18, 2012 for Tract Map No. 33336, Palo Verde II, Standard Pacific Corp.; or 3. Provide staff with alternative direction. Respectfully submitted, Ti othy R. J ublic Works irec /City Engineer Approved for submission by: vThomas P. Genovese, City Manager 092 Attachments: 1. Vicinity Map 2. Letter from Standard Pacific Homes dated December 2, 2010 093 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 FEBRUARY 18, 2012 FOR TRACT MAP NO. 33336, PALO VERDE II WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 33336, Palo Verde Il, on February 18, 2009; 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 February 18, 2010, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved SIA is extended to February 18, 2012. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on February 18, 2012. 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. '. 1 094 Resolution No. 2010- Tract Map No. 33336, Palo Verde II Adopted: December 21, 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 21" day of December 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California n.. 095 ATTACHMENT 1 TM 33336 PALO VERDE II NITY MA NOT TO SCALE ", 096 ATTACHMENT 2 STANDARD PACIFIC HOMES December 2, 2010 Timothy R. Jonasson, PE Public Works Director/City Engineer CITY OF LA QUINTA 78-450 Avenida La Fonda La Quinta, CA 92253 Re: Request for Time Extension of Improvements Tract map No. 33336 — Mirage of La Quinta (a.k.a. Palo Verde) Subdivision Improvement Agreement (SIA), On -site Improvements Dear Mr. Jonasson, Pursuant to Section 8 of the Subdivision Agreement for Tract Map No. 33336, this letter is intended to serve as our application to the City Counsel for anextension of time for completion of the on -site improvements. The current housing market conditions have resulted in a considerable slow down of the construction schedule for this neighborhood from our original business plan which had the neighborhood being completed in 2010. It should be noted that the improvements for this tract have not commenced, with the exception of the basin landscaping, as they were placed on hold do to the downturn in the housing market. Due to the current market conditions we requested an extension of the SIA as construction activity has been halted until the new home market rebounds. Our current anticipation is potentially two to three years before the market recovers in the area. It is my understanding that two year extensions are not granted for SIA's, however we would like to propose a two year extension again as these improvement do not negatively impact the existing residents along Rosewood Court. Improvement % Complete Schedule Completion Street 0 June 2014 Storm Drain 0 June 2014 Domestic Water 0 June 2014 Sewer 0 June 2014 Dry Utilities 0 June 2014 Basin Landsca in 100 N/A Monumentation 0 June 2014 If you have any questions, please feel free to contact me at (949) 789-1716. 26 Technology, Irvine, CA 92618 1 TEL 949.789-1600 I F -AX 949.7.89.1609 1 wim standarApaeifiohomer.mnr Mr. Timothy R. Jonasson Re: Tract map No. 33336 Request for Time Extension of Improvements December 2, 2010 Page 2 of 2 Sincerely, STANDARD PACIFIC HOMES DigKagy signed EY Sean Doyle 5�� DOy� ONW,ouanDoyleW.age,. ira Sean Doyt Manage, 'sdoyle®sdnlaac .SUS ;j Date: 2010.110221:1 e:t"WW Sean Doyle Project Manager Cc: Michael Battaglia, Standard Pacific Homes Ed Wimmer, City of La Quints Amy Yu, City of La Quinta O:\PROJECT MANAGEMENT\PROJECTS\CURRENT\COACHELLA VALLEY NEIGHEORHOODS\PALO VERDE\C-2 CITY -COUNTY CORRESP\C-23 CITY ENG CORRESP\TR 32229\TR 3222951A EXTENSION REQUEST DUNE 9'1400C 26'I'echnology, Irvine, CA 92618 1 TEL 949.789-1600 1 FAX 949.789.1609 1 mnm.standasdpaaifyehometeom T-af ot 4 Qaha COUNCIL/RDA MEETING DATE: December 21, 2010 ITEM TITLE: Acceptance of Off -Site Improvements Associated with Tract Map No. 30023-5, Trilogy, Shea La Quinta, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept off -site improvements associated with Tract Map No. 30023-5, Trilogy, Shea La Quinta, LLC and authorize staff to release the performance security. Direct staff to release the labor and materials security ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: Acceptance of the off -site improvements will impact the General Fund as follows: Catch basin maintenance is estimated to be $1,500 annually, which will be incorporated in the Public Works Department Account No. 101-7003-431.43-73 for Storm Drain Maintenance. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 30023-5, Trilogy, is located south of Avenue 60, north of Avenue 62, east of Madison Street, and west of Monroe Street (Attachment 1). The improvements include curb and gutter, sidewalk, curb ramps, storm drain, catch basins, landscaping, signing, striping, and asphalt concrete pavement. All obligations of the Subdivision Improvement Agreement for Tract Map No. 30023-5 have been satisfied. Attachment 2 indicates the amount of the warranty security. ,.. 099 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the off -site improvements associated with Tract Map No. 30023- 5, Trilogy, Shea La Quinta, LLC and authorize staff to release the performance security. Direct staff to release the labor and materials security ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the off -site improvements associated with Tract Map No. 30023-5, Trilogy, Shea La Quinta, LLC and do not authorize staff to release the performance security. Do not direct staff to release the labor and materials security ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, othy R. J na n, P.E. Public Work Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security Exhibit ATTACHMENT 1 TM 30023-5 TRILOGY TRACT 30023-5 AVENUE 60 w Of w w AVENUE 61 N AVENUE w 62 z 0 0 ft V) z Y O O VICINITY MAP NOT TO SCALE 101 ATTACHMENT 2 WARRANTY SECURITY Tract Map No. 30023-5 — Off -Site Improvements Development Name: Trilogy OFFSITE IMPROVEMENTS Performance Security' Improvement Descrition Labor & Materials' Original Amount Proposed Reduction WARRANTY AMOUNT Street Improvements $309410 $309,410 90% $30 941 Meandering Sidewalk 8 FT $48 840 $48 840 90% $4 884 Landscaping $150000 $150000 90% $15000 Standard 10% Contingency $50 830 $50 830 100% $0 Professional Fees, Design (10%) $55,910 $55,910 100% $0 Professional Fees, Construction (10%) $55,910 $55,910 1 1000/0 1 $0 No Plans Contingency(25%) 1 $139,770 $139,770 100% $0 Totals 7 5 , Performance Security shall be released immediately upon City Council acceptance 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. 3 WARRANTY SECURITY (10% of Original Performance Security) shall be received by the City prior to being placed on the agenda for City Council. ` 6� 4 4v Qum rcu COUNCIL/RDA MEETING DATE: December 21, 2010 ITEM TITLE: Approval of the Declaration of Surplus Property RECOMMENDATION: r:T"DIeuliKvr 011" BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and authorize staff to advertise its sale, and if unsold, to dispose of the property by other legal means. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City has accumulated obsolete and non-functional property items over the last six months. The equipment has little or no market value and in accordance with Section 3.12.320 of the Municipal Code, the City may dispose of the equipment by auction, by sale or otherwise after receiving bids and proposals. Staff is proposing advertising the surplus equipment in The Desert Sun newspaper and receiving sealed bids. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 103 J 1. Approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and authorize staff to advertise its sale and, if unsold, to discard of the property by other legal means; or 2. Do not approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and authorize staff to advertise its sale and, if unsold, to discard of the property by other legal means; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: ( l-XW Thomas P. Genovese, City Manager Attachment: 1 . Declaration of Surplus Property 104 `a P I . /' ..... r.. Z E04 Q C y J w `y LL j 0.2 E V U U }. r, It eM— M r 00 00 Li N Z[ a cn 0) cm a 0) cm 0. 0) 01 cm 01 M C C C C C C 0) 07 cp 07 01 a cp m ZO C C C tm a cm - C C C C C C C C C .. •Y>- .Y>>- •Y- Y Y>> >> O O O O > O .X ` ` Y ` co 0 > Y O O ` Y ''WLF 0 O O O O O O O O O O O C O 0 03 0 O O O O O O O >C >C >C 0 p >CleUO U: ZZZZZZ Z ZZ (`•) to r` 2 pp M, M (O N w N N M It M N O M N 0 O r` O .- M N r` O O O M M M m N w O N N O N 0 0 0 O O O 0 O w O N O M N O 0 p d• Ct t0 O d' 0 00 d N O M M 0 p 0 0 O p p ,Z:. 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Q) 4) c o c o c o c o a o c o a o C: r c �c 0- IL LU ,u u L) u u -1 0 w AU u u a 0 0 0 < M Q M r, M r, 000 00 04 ----------- CL U- CL LL CL LL (L Lj- LL > a > > M \22\/2\ 4)co 0_3 (D (D MMMM (D(n 0 CLCL ... r. 106 A r U m C C C C C C C C N 'O C C Z C C O O O O O O O ` O .D C _O O O Y Y =o Y Y Y Y =o Y =o Y N fO =o c Y Y a -o o -o C a co x o a 0 0 C O C O C O C O C O C O C O C O O O C O C O .q Z U U U U U U U .0 U =' y .0 U U +' +� "a Z Z LL LL co co LL LL LL co LL m L) Cc° m Q' Z cn JI I, Q W m U w' v' co U ca m N °' N °' N N N c; m> U U U U n m o Um~ aa) _c 00m ca F m o LU O 0 O O m m C U C C N y y N N E .0 o y d — o o° o° ,� o W m x U �.0 2 C N C O o— N o— 3 E O m L L fn N O LL_a N - N a` m C co O Cl Y N O. fn m m to coLco f0 N 61 Y %` ccoo 6 aa) y m T coo 3 o E o f a° o~ w Q d I— ' m 3 m 3 o m 0 O m (D o O m U NCo U U U N y W z O Co e U m m m 9co o > 30 Y Q. p ca m ?i 0 .0> F- F CO U) J � J J = M c0 107 5 o� oa"Arai Of AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 21, 2010 BUSINESS SESSION: ITEM TITLE: Approval of Annual District Information CONSENT CALENDAR: II Sheets for the City of La Quinta Assessment District STUDY SESSION: No. 97-1 for Fiscal Year End June 30, 2010 PUBLIC HEARING: RECOMMENDATION: Approve, receive and file the Annual District Information Sheets for the City of La Quinta Assessment District No. 97-1 for Fiscal Year End June 30, 2010 (Attachment 1). FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In an effort to monitor the condition of the City-wide Assessment Districts and to report to the investment community the status of the City Assessment Districts, district information sheets have been prepared. Based upon staff review of the Disclosure Information Sheets, and based upon discussions with Willdan Financial Services who prepared the documents, adequate reserves are expected to be available to meet debt service payments in the upcoming Fiscal Year 2010-2011. It is important to note that the City has continued to pay debt service to the bondholders who invested in these bonds during Fiscal Year 2009-2010. 109 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve, receive and file the Annual District Information Sheets for the City of La Quinta Assessment District No.97-1 for Fiscal Year End June 30, 2010; or 2. Do not approve, receive and file the District Information Sheets for the City of La Quinta Assessment District No. 97-1 for Fiscal Year End June 30, 2010; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: 0 Thomas P. Genovese, City Manager Attachment: 1 . Fiscal Year 2009-2010 District Information Sheets for the City of La Quinta Assessment District No.97-1 110 2 A 1 1 Hlirllvl Clv 1 1 District Information Sheet Assessment District No. 97-1 City of La Quinta, Riverside, CA BOND STATUS as of 9/2/2010 Outstanding Principal: $325,000.00 Annual Debt Service For Amount 2009 $ 52,840.00 2010 $ 56,280.00 DISTRICT STATUS No. of Fiscal Amount Percent Parcels Range of Annual Assessments Year Assessment Delinquent Delinquent Delinquent for Fiscal Year 2010111 2009/10 $64,178.40 $0.00 0.00% 0 Highest Annual Assessment Per Parcel: $670.68 Lowest Annual Assessment Per Parcel: $312.96 Average Annual Assessment Per Parcel: $588.23 BOND SUMMARY INFORMATION Original Issue Amount (Par) $745,000.00 Final Maturity: September 2, 2018 Date of Issuance December 3, 1998 Bond Call Notice (days) 30 Coupon Payment Dates March 2, September 2 DISTRICT SUMMARY INFORMATION Overall Assessed Value / Lien Ratio 61.38 Total Assessed Improvements $18,396,827.00 Total Assessed Value $24,152,831.00 Total Assessed Land $5,756,004.00 Type of Improvements The project consists of the installation and construction of roadway, off -site sewer, water and landscape and irrigation improvements. ACTIVE PARCEL INFORMATION as of 07/03/10 Number Percentage of Percentage of Annual Category of Parcels Total Parcels Assessment Improved Parcels 105 100.00% 100.00% Unimproved Parcels 0 0.00% 0.00% Total 105 100.00% 100.00% FUND BALANCE INFORMATION Fund As of Date Balance Type of Investment Funds Administered By Redemption Fund Reserve Fund August 31, 2010 August 31, 2010 $92,969.23 $57,476.21 Held By City Held By City Approx. Reserve Requirement: $55,600.00 All assessed values are based on data obtained from the applicable county. The information pertaining to the District and its underlying security has been obtained by Wlldan Financial Services from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. The release of this information is not intended to be, and should not be construed as, an endorsement of such security nor a recommendation to purchase, sell or hold such security. Compiled by: Wlldan Financial Services 27368 Via Industria, Suite 110 Temecula, CA 92590 (951) 587-3500 w .willdan.com Page 1 of 2 3 District Information Sheet Assessment District No. 97-1 City of La Quinta, Riverside, CA OUTSTANDING DELINQUENCY INFORMATION as of 09/08/10 Total Delinquencies Delinquency Rate Delinquent No. Tax Year Assessment (current) (current) of Parcels 2009/10 $64,178.40 $0.00 0.00% 0 PARCEL OWNERS (REPRESENTING 5% OR MORE OF TOTAL ASSESSMENT) based on County Property Data as of 07/03/10 Number % of Total Annual Assessment % of Annual Assessed Owner of Parcels Parcels for Fiscal Year 2009110 Assessment Value There are currently no parcel owners representing 5% or more of the total assessment. Aggregate information for saw owner listed is based on owner name as shown on the applicable severed roll maintained by the county. Accordingly, variations in the owner name shown on the sewred roll may cause multiple listings for the same owner or for the data to be incomplete. CALL PROVISIONS Optional Redemption: 30 day notice is required to Bondowners. No redemption premium for remaining years. PRINCIPLE UNDERWRITER Miller and Schroeder Financial, Inc. Solana Beach, CA VALUE TO LIEN RATIO: as of 07/03/10 % of Total Value to Lien No. of % of Aggregate Remaining Remaining Ratio Parcels Total Parcels Assessed Value Assessment Lien (1I Principal 100:1 and Above 5 4.76% $1,239A50.00 $9,787.55 2.49% 75:1 to 99.99:1 5 4.76% 1,448,630.00 19,185.95 4.88% 50:1 to 74.99:1 80 76.19% 18,797,334.00 306,975.20 78.01% 25:1 to 49.99:1 15 14.29% 2,667,417.00 57,557.85 14,62% Less than 25:1 0 0.00% 0.00 0.00 0,00% Total 105 100.00% $24,162,831.00 $393,506.65 100.00% (1) Remaining Assessment Lien is reduced by any principal amounts included on the 2010/11 Annual Assessment. All assessed values are based on data obtained from the applicable county. The information pertaining to the District and its underlying security has been obtained by W lldan Financial Services from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. The release of this information is not intended to be, and should not be construed as, an endorsement of such security nor a recommendation to purchase, sell or hold such security. Compiled by: Wlldan Financial Services 27368 Via Industria, Suite 110 Temecula, CA 92590 (951) 587-3500 www.willdan.com Page 2 of 2 112 4 a uwltr�. o4 a y OF TFTC COUNCIL/RDA MEETING DATE: December 21, 2010 AGENDA CATEGORY: ITEM TITLE: Adoption of a Resolution Accepting a Cash BUSINESS SESSION: Donation from Walmart for the "Shop with a Cop" CONSENT CALENDAR: �— Program STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council accepting a cash donation of $1,500 from Walmart for the "Shop with a Cop" for the Christmas toy program. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In December 2010, the manager in the La Quinta Walmart in La Quinta informed the La Quinta Police Department the Walmart Foundation would provide a $1,500 donation from their "Shop with a Cop" community program. The program is widely used throughout the United States and the funds the Walmart Foundation donates is provided in order to give back to the local communities as a fun event and helps local police agencies purchase children's toys for Christmas. This is the first year the La Quinta Walmart has offered to provide funds to the La Quinta Police Department to partner with their annual nationwide program. 113 The La Quinta Police Department's School Resource Officers are in the process of identifying the children of families with financial need for the program. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council accepting a cash donation from Walmart for the "Shop with a Cop" program; or 2. Do not adopt a Resolution of the City Council accepting a cash donation from Walmart for the "Shop with a Cop" program; or 3. Provide staff with alternative direction. Respectfully submitted, Akl'-& Bre M. Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager .. I n 4 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A CASH DONATION FROM THE WALMART FOUNDATION FOR THE SHOP WITH A COP PROGRAM." WHEREAS, on December 9, 2010, Walmart La Quinta, through the Walmart Foundation donated $1,500 to the La Quinta Police Department for the "Shop with a Cop Program"; and WHEREAS, the gift was donated to the La Quinta Police Department and its personnel and was not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest in the City to accept the donation and to direct the City Manager to control distribution of the donations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1 . The City of La Quinta hereby accepts the cash donation. 2. The City Manager is hereby directed to control distribution of said donation. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21" day of December, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 115 Resolution No. 2010- Donation for: "Shop with a Cop" Adopted: December 21, 2010 Page 2 DON ADOLPH, Mayor City of La Quinta, California ATTEST: Veronica J. Montecino, CMC, CITY CLERK City of La Quinta, California (City Seal) Iff";1111131t 97eF3ie7alt7 li9a M. KATHERINE JENSON, City Attorney City of La Quinta, California 116 T4hf 4 4 a" COUNCIL/RDA MEETING DATE: December 21, 2010 ITEM TITLE: Authorization of Overnight Travel for One Member of the City Council to Attend the National League of Cities Board of Directors Meeting to be Held January 6-8, 2011 in Washington, DC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 1.3 STUDY SESSION: PUBLIC HEARING: Approve authorization of overnight travel for Council Member Henderson to attend the National League of Cities Board of Directors Meeting to be held January 6-8, 2011 in Washington, DC. FISCAL IMPLICATIONS: The Fiscal Year 2010-2011 Budget has allocated funds for travel, training, and meetings for the City Council. Funds for this conference attendance are available in the Legislative Program's Travel, Training, and Meetings account (#101-1001-411.51- 01). Expenditures for this meeting are estimated as follows: Transportation (flight, ground transportation and parking) $575 Meals (3 days x $75) $225 TOTAL $800 CHARTER CITY IMPLICATIONS: None. 117 BACKGROUND AND OVERVIEW: The National League of Cities will hold their Board of Directors Meeting January 6-8, 2011 in Washington, DC. Council Member Henderson is a member of the Board. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve authorization of overnight travel for Council Member Henderson to attend the National League of Cities Board Meeting to be held January 6-8, 2011 in Washington, DC; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Wanda Wise -Latta, Executive Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Preliminary Planning Schedule for National League of Cities Officers and Board of Directors p ATTACHMENT 1 2011 PRELIMINARY PLANNING SCHEDULE For NLC Officers and Board of Directors 2011 NLC OFFICERS AND-BbARD PLANNING MEETING January 6-8, 2011 Gaylord National Hotel Washington, DC Area There will be a New Board Member Orientation Program on January 6 from 2: 00 — 4:30 p.m. For returning Board members, the meeting begins with a Welcome reception and dinner at 6:30 p.m. The meeting will conclude Saturday afternoon, January 8. An optional afternoon and evening group event is being planned for those who would like to depart on Sunday. 2011 CONGRESSIONAL CITY CONFERENCE/BOARD MEETING March 12-16, 2011 Marriott Wardman Park Hotel Washington, DC Saturday, March;12,40111 12:00 p.m. — 4:00p.m. 3:00 p.m. — 5:00 p.m. 7:00 p.m. Sunday, March 13, 2011 9:00 a.m. — 5:00 p.m. 6:30 p.m. - 8:00 p.m. NLC Officers' Meeting (Officers only) NLC Board Committee Meetings NLC BoardNIP Dinner Board of Directors Meeting VIP/NLC Board Reception 'TEE MEETING/LOBBY'D"AY' only. Board committee assignments will be made in January 1011) Early to mid -June 201 L(exact dates to be determined) NLC Office, 130i Pennsylvania Avenue, N.W. Washington, DC 20004 119 NLC Board of Directors_ . 2011 Meeting Schedule Page Two SUMMER BOARD OF DIRECTORS MEETING Early to mid July 2011 (exact dates to be determined) Charlotte, North Carolina Thursday, July 2011 12:00 p.m. - 2 00 p.m. "NLC Officers Meeting (Officers only) 3:00 p.m. — 5:00 p.m. NLC Board Committee Meetings 6:30 p.m. Welcome Reception and Dinner Friday, July 2011 9:00 a.m. — 4:30 p.m. Board of Directors Meeting 6:30 p.m. Group Evening Event Saturday, July 2011 9:00 a.m. -1:00 p.m. Board of Directors Meeting 1:30 p.m.: Closing Group Luncheon 2011 CONGRESS OF CITIES/BOARD MEETING ` November 8-12, 2011 Phoenix, Arizona Tuesday, November 8, 2011 12:00 p.m. — 2:00 p.m. 3:00p.m. — 5:00p.m. Wednesday, November 9, 2011 NLC Officers Meeting NLC Board 2COmmittee Meetings 9:00 a.m. — 5:00 p.m. Board of Directors Meeting 6:30 p.m. Board Dinner Thursday, November 10, 2011 8:15 am. — 8:35 a.m. NLC Board Headtable Assembly for the Opening General Session 8:45 a.m. Opening General Session Saturday, November 12, 2011 2:30 p.m. Annual Business Meeting it 120 Tdf ^F44" COUNCIL/RDA MEETING DATE: December 21, 2010 ITEM TITLE: Acceptance of Seasons Dog Park Project No. 2009-05, Approval of Contract Change Order No. 1, and Approval of an Appropriation of Additional Funding RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept Seasons Dog Park Project No. 2009-05, as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; authorize staff to release retention in the amount of $16,605, thirty-five (35) days after the Notice of Completion is recorded; approve contract change order no. 1, approve the appropriation of additional funding, and authorize the City Manager to execute the change order. FISCAL IMPLICATIONS: The following is a budget summary: Project Budget Total $ 200,000 Amount Spent Through November 30, 2010 ($170,310) Project Budget Remaining Amount Available $ 29,690 Total Remaining Fiscal Commitment to Contractor ($ 40,625) Remaining Anticipated Inspection, Testing & Survey Costs ($ 5,000) Revised Project Budget Amount Available ($ 15,935) Additional Appropriation Amount Requested $ 15,935 Original Construction Contract Amount $ 143,205 Pending Contract Quantity Change Order No. 1 $ 22,839 New Contract Total $ 166,044 Amount Paid to Contractor to Date ($125,419) Total Remaining Fiscal Commitment to Contractor $ 40,625 Total Retention to be Released ($ 16,605) Contract Amount Remaining to be Billed by Contractor $ 24,020 Funds from unappropriated Quimby Funds (220-0000-290.00-00) are available for this $15,935 appropriation request. As indicated, adequate funding will be available to pay the contractor's remaining billing ($24,020) and retention ($16,605) for project closeout, after the appropriation of the additional funding. CHARTER CITY IMPLICATIONS: The project is funded with Quimby Act fees, which are collected locally. As such, the project was bid without prevailing wage requirements. BACKGROUND AND OVERVIEW: Seasons Park is located north and east of Cloud View Way and Desert Fall Way (Attachment 1) and consists of turf, trees and a small playground area. The City intended to install separate areas for small and large dogs within the existing park. The City commissioned a concept design study to develop alternatives for the construction of the dog park areas. The plan included a new, lighted entry ramp from Cloud View Drive, separate entries to the large dog and small dog park areas, shade structures and site furnishings (drinking fountains for humans and dogs, trash receptacles, etc.), low-level landscape lighting, and perimeter fencing. On April 21, 2009, the City Council adopted Resolution 2009-033 approving the Fiscal Year 2009-2010 through 2013-2014 Capital Improvement Program (CIP) and making certain findings pursuant to Health and Safety Code Section 33445(a). The Seasons Park improvements are included within the adopted CIP and scheduled for funding during Fiscal Year 2009-2010. On June 15, 2010 the City Council approved the project PS&E and authorized staff to advertise for bids the Seasons Dog Park improvements. On July 20, 2010, City Council awarded a contract for $143,205 to Aramexx Construction to construct the Seasons Dog Park, Project No. 2009-05. On August 26, 2010, a Notice to Proceed was issued with a forty-five (45) working day contract completion time starting September 13, 2010, and ending on November 16, 2010. Contract Change Order No. 1 (Attachment 2) extended the project completion date eleven (11) working days to December 3, 2010. The project was deemed substantially complete on November 29, 2010. In accordance with the project specifications, no liquidated damages or early completion incentives are recommended. Contract Change Order No. 1 was issued to allow for the modifications of proposed fencing, grading, landscape and other work associated and required due to conflicts with existing utilities, landscape, and other existing conditions. Contract Change Order No. 1 also allowed for the relocation of existing palm trees from the Lago La Quinta Sound Wall project to the Seasons Dog Park project. Imperial Irrigation District requested these palm trees be removed since they would eventually conflict with existing overhead utility lines. Staff had the Season's Dog Park contractor relocate the trees to the Seasons Dog Park project, as an efficient use of funds and to enhance the beauty, landscape, and overall appearance of the dog park. Since this cost was not included in the original budget this addition resulted in a contract change order and additional appropriation. Due to the unanticipated conflicts with existing conditions, utilities, or landscape, additional grading and/or other modifications were required, resulting in additional work, testing, survey, inspection, utility, and staff costs which also resulted in the request for appropriation. The project's construction effort is now deemed to be 100% complete and is in compliance with the plans and specifications. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to approve this project as 100% complete and authorize the City Clerk to file a Notice of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the Seasons Dog Park Project No. 2009-05 as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; authorize staff to release retention in the amount of $16,605, thirty-five (35) days after the Notice of Completion is recorded; approve contract change order no. 1, approve an appropriation of additional funding and authorize the City Manager to execute the change order; or 2. Do not accept Seasons Dog Park Project No. 2009-05 as 100% complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; do not authorize staff to release retention in the amount of $16,605, thirty-five (35) days after the Notice of Completion is recorded; do not approve contract change order no. 1, and do not approve an appropriation of additional funding; or 3. Provide staff with alternative direction. ��3 Respectfully submitted, Approvedd for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Contract Change Order No. 1 1?4 ATTACHMENT Legend �- a LA QUINTA SEASONS DOG PARK VICINITY MAP CITY COUNCIL MEETING: December 21, 2010 ITEM TITLE: Acceptance of Seasons Dog Park Project No. 2009-05, Approval of Contract Change Order No. 1, and Approval of an Appropriation of Additional Funding APPLICANT: Timothy R. Jonasson, P.E., Public Works Director/City Engineer J L J CONTRACT: CONTRACTOR: Seasons Dog Park Aramexx Construction 13040 Smoketree Pi. Chino, Ca 91710 ATTACHMENT Sheet 1 of 3 PROJECT NO. 2009-05 CONTRACT CHANGE ORDER NO. 1 Pursuant to the terms of the original ContractAgreement, you are hereby directed to makethc herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conformto the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF fHANGE tal S 6.631.68 This Contact Change Order allows for the modifications and installation of additional fencing, T4 This Contract Change order also allows for the modifications to the irrigation and landscape Total $ 1.928.05 This Contract Change Order allows for the additional grading and importOf dirt Total $ 7,395.81 This Contract Change Order allows for modifications to the new masonry wall and pushbutton system Total-$1.343.66 This Contract Change Order allows for installation of Palm trees relocated from Lego La Quint, Total $ 6.600.00 This Contract Change Order.also allows a credit due to Contract Quantity Adjustments Total $ ( 360,25) By reason of this contract change order the time of completion is adjusted as follows: -11- working days added to contract timo. The revised contract completion date shall het 12/03/10 Submitted Approved By:_ Date: We, the undersigned Contractor, havegiven careful eonslderadon to the changeproposedand hereby degree, (f this proposal is approved thatwe will provide all equipment, furnish all materials, perform all labor/ cept as m be noted above, and perform all so,rvloes necessary to complete the above spec yled work, and hereby accept as full payment the amou)h khown I n which includes all direct and indirect overhead expenses for arty delays. 1( e Accepted Date:U. = �n6 P..! L T'ar4lwR AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 21, 2010 BUSINESS SESSION: ITEM TITLE: Acceptance of Village Area Sidewalk Infill Improvements Project No. 2009-19 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Accept Village Area Sidewalk Will Improvements Project No. 2009-19, as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $12,152, thirty-five (35) days after the Notice of Completion is recorded. FISCAL IMPLICATIONS: The following is a budget summary: Project Budget Total $ 174,600 Amount Spent Through November 30, 2010 ($138,045) Remaining Project Budget Amount Available $ 36,555 Remaining Fiscal Commitment to Contractor ($ 24,328) Project Budget Amount Remaining After Construction Efforts $ 12,227 Original Construction Contract Amount $ 107,992 Contract Quantity Adjustment CCO #1 $ 13,528 New Contract Total $ 121,520 Amount Paid to Contractor to Date ($ 97,192) Total Remaining Fiscal Commitment to Contractor $ 24,328 Total Retention to be Released ($ 12,152) Contract Amount Remaining to be Billed by Contractor $ 12,176 Adequate funding is available to pay the contractor's remaining billing ($12,176) and retention ($12,152) for project closeout. J^� CHARTER CITY IMPLICATIONS: The project is partially funded with Redevelopment Agency (RDA) project area funding and partially funded with state funding. As such, the project was bid with prevailing wage requirements. BACKGROUND AND OVERVIEW: The proposed improvements included the construction of several sidewalks and/or handicap ramps within the Village Area. The segments total approximately 3,300 linear feet. A project vicinity map is attached for the City Council's consideration as Attachment 1. On April 21, 2009, the City Council adopted Resolution 2009-033 approving the Fiscal Year 2009-2010 through 2013-2014 Capital Improvement Program (CIP) and making certain findings pursuant to Health and Safety Code Section 33445(a)• Sidewalk — Various Locations and Handicap Ramps — Various Locations were included within the adopted CIP and scheduled for funding during Fiscal Year 2009-2010. The Agency Board made its findings under Section 33445(a) relating to these improvements on April 21, 2009. In addition, the City Council, in a separate action, approved an SB 821 program grant application in the amount of $87,300 for the design and construction of sidewalks within the Village Area. At that time, the City Council was advised that the total cost for the proposed village sidewalk inf ill project was estimated to be $174,600. The increase in project costs was caused by additional requirements to meet Americans with Disabilities Act (ADA) requirements. The City's grant application committed a 50% match ($ 87,300), which would be funded by the RDA through the Sidewalks — Various Locations, CIP Account #401-1651-551 .45-01 and Handicap Ramps at Various Locations, CIP Account #401-1652-551 .45-01 . On July 6, 2010 the City Council approved the project PS&E and authorized staff to advertise for bids the Village Area Sidewalk Infill Improvements. On August 3, 2010, City Council awarded a contract for $107,992 to Victor Concrete to construct the Village Area Sidewalk Infill Improvements, Project No. 2009-19. On August 16, 2010, a Notice to Proceed was issued with a forty-five (45) working day contract completion time starting September 13, 2010, and ending on November 16, 2010. The project was deemed substantially complete on November 4, 2010. In accordance with the project specifications, no liquidated damages or early completion incentives are recommended. These improvements were constructed in various locations in the village area including Avenida Martinez Between Eisenhower Drive and Calle Tampico, Avenida Mendoza between Avenida Montezuma and Calle Tampico, Avenida Montezuma between jnB Avenida Navarro and Eisenhower Drive, Avenida Navarro between Avenida Montezuma and Calle Tampico, Avenida Villa between Avenida Navarro and Calle Tampico, and Avenida Bermudas between Main Street and Calle Tampico. Contract Change Order No. 1 was issued to allow for the contract quantity adjustment between the bid quantities and the actual quantities installed, which included a small portion of additional sidewalk between Ace True Value Hardware store and the bus stop located at the city parking lot on Avenida Bermudas. The project's construction effort is now deemed to be 100% complete and is in compliance with the plans and specifications. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to approve this project as 100% complete and authorize the City Clerk to file a Notice of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Accept the Village Area Sidewalk Infill Improvements Project No. 2009-19 as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $12,152, thirty-five (35) days after the Notice of Completion is recorded; or 2. Do not accept Village Area Sidewalk Infill Improvements Project No. 2009-19 as 100% complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and do not authorize staff to release retention in the amount of $12,152, thirty-five (35) days after the Notice of Completion is recorded; or 3. Provide staff with alternative direction. Respectfully submitted, ` N imothy on s on, P.E. Public Wo s ctor/City Engineer Approved for submission by: WTho4masP!n.Genc AveseCity Manager Attachment: 1. Vicinity Map ,,., 130 ATTACHMENT 1 Village Area Sidewalk Infill Improvements Project No. 2009-19 — 4 „ — --- --- SHEET 5 xmn ALL TAMPICO I I I I u ' ,1 3 MON \ \ SHEET 6+ ~ �\ \ ',' l ` "✓f LU W1 LO wl a ---- SHEET 7 Y I \ \ O MnNG SMMW a TOR WIN qy \ AV NIDA MO UM 70 SITE MAP 131 T4tw 4 4Q" COUNCIL/RDA MEETING DATE: December 21. 2010 ITEM TITLE: Acceptance of SilverRock Resort Drainage Improvements Project No. 2006-07, 2010-01 and 2010- 02 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: A STUDY SESSION: [ill1419JUDU. M1 ►[11 Accept SilverRock Resort Drainage Improvements Project No. 2006-07, 2010-01 and 2010-02, as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $23,899, thirty-five (35) days after the Notice of Completion is recorded. FISCAL IMPLICATIONS: The following is a budget summary: Project Budget Total Amount Spent Through December 15, 2010 Remaining Project Budget Amount Available Original Construction Contract Amount Contract Change Order No. 1 New Contract Total Amount Paid to Contractor to Date Total Remaining Fiscal Commitment to Contractor Total Retention to be Released Contract Amount Remaining to be Billed by Contractor $ 296,638 ($237,191) $ 59,447 $ 230,511 $ 8,474 $ 238,985 ($ 207,460) $ 31,525 ($ 23,899) $ 7,626 Adequate funding is available to pay the contractor's remaining billing ($7,626) and retention ($23,899) for project closeout. 13? CHARTER CITY IMPLICATIONS: The project is 100% funded with RDA project area funding. As such, the project was bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The proposed projects were intended to address localized flooding of Jefferson Street, Ahmanson Lane and the parking lot at the temporary parking lot of SilverRock Resort (Attachment 1) • The Ahmanson Lane improvements also repaired an area of the street that has sunk twice since the road was built. Leighton Consulting, a local geotechnical engineering firm, evaluated the soil conditions and provided general recommendations for repairing the pavement. As part of the repair process, existing sewer and storm drain pipelines near the area of subsidence were exposed and evaluated for possible leaks. Along with the pavement rehabilitation and pipeline investigation, an existing 15-foot deep drywell along the east side of Ahmanson Lane was modified to include the addition of a new Maxwell drainage system and overflow piping to a nearby native area. A similar system was installed at the south end of the parking lot for the temporary clubhouse. The proposed minor drainage improvements on Jefferson Street are located just north of Avenue 54 on the west side of the street. The improvements provide two additional catch basins and necessary piping to transport storm water to an onsite retention basin. Due to the similar nature and scope of these three projects, the projects were combined into one engineering and construction project in an attempt to realize cost savings through economies of scale as well as to expedite construction. On May 1, 2007, the City Council conducted a public hearing and adopted a Resolution approving the Fiscal Year 2007-2008 through 2011-2012 Capital Improvement Program (CIP) and making certain findings pursuant to Health and Safety Code Section 33445(a). The SilverRock Resort Phase II Infrastructure Improvements were included within the adopted CIP and scheduled for funding during Fiscal Year 2007-2008. The minor drainage improvements on Jefferson Street were previously designed by RBF Consulting, Inc. as part of the SilverRock Resort Phase II Infrastructure Improvements, Project Number 2006-07. On April 20, 2010, the City Council adopted a Resolution approving the Fiscal Year 2010-2011 through 2014-2015 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 Ahmanson Lane Street and Drainage Improvement project and the SilverRock Resort Temporary Club House Drainage projects are included within the adopted CIP and 133 scheduled for funding during Fiscal Year 2010-201 1 On August 3, 2010, the City Council authorized the Public Works Director/City Engineer to approve the Plans, Specifications and Engineer's Estimate (PS&E) and to advertise, as one project, the Ahmanson Lane Street and Drainage Improvements, Project Number 2010-01, SilverRock Temporary Club House Parking Lot Drainage Improvements, Project Number 2010-02, and the Jefferson Street Drainage Modifications. On October 5, 2010, City Council awarded a contract for $230,511 to Dateland Construction Company, Inc. to construct the SilverRock Resort Drainage Improvements Project No. 2006-07, 2010-01 & 2010-02. On September 28, 2010, a Notice to Proceed was issued with a twenty-five (25) working day contract completion time starting October 4, 2010, and ending on October 28, 2010. Contract Change Order No. 1 extended the project for a total of two (2) working days. The project was deemed substantially complete on October 29, 2010. In accordance with the project specifications, no liquidated damages or early completion incentives are recommended. Contract Change Order No. 1 was issued to allow for the installation of additional drainage pipe, removal and replacement of additional curb and gutter, additional landscape repair, and the hauling off of excess material. The project's construction effort is now deemed to be 100% complete and is in compliance with the plans and specifications. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to approve this project as 100% complete and authorize the City Clerk to file a Notice of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the SilverRock Resort Drainage Improvements Project No. 2006-07, 2010-01 & 2010-02 as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $23,899, thirty-five (35) days after the Notice of Completion is recorded; or 134 2. Do not accept SilverRock Resort Drainage Improvements Project No. 2006-07, 2010-01 & 2010-02 as 100% complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and do not authorize staff to release retention in the amount of $23,899, thirty-five (35) days after the Notice of Completion is recorded; or 3. Provide staff with alternative direction. Respectfully submitted, . h othy n s n, P.E. Public Wo s Di ctor/City Engineer Attachment: 1. Vicinity Map Approved for submission by: Thomas P. Genovese, City Manager . gl 135 ATTACHMENT 1 42ND AVE _ _ -- 10 OWN* 'k � �O � 11aQ* 7 z 50TH LOCATION MAP N.T.S. Indio ceity� ot 4 agwai COUNCIL/RDA MEETING DATE: December 21, 2010 ITEM TITLE: Adoption of a Resolution Authorizing the City Manager to Execute Storm Water Management/ BMP Facilities Agreements RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council authorizing the City Manager to execute Storm Water Management/BMP Facilities Agreements subject to minor modifications as approved by the City Attorney and the City Manager. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Under the City's National Pollutant Discharge Elimination System (NPDES) permit, certain development projects are required to submit a project -specific Water Quality Management Plan (WQMP) for review and approval. One of the requirements of the WQMP is to address the operation and perpetual maintenance for all of the Best Management Practices (BMPs) identified in the WQMP. BMPs are the practices, procedures, policies, prohibitions, schedules of activities, structures or devices that are implemented to prevent or minimize pollutants coming in contact with precipitation, storm water runoff, or non -storm water flows. BMPs are also structures or devices that remove pollutants from storm water runoff before the run-off enters a storm water drainage system or surface water. Therefore, BMPs are often categorized as either "source control" BMPs or "treatment control" BMPs. 131 Source control BMPs include all types of measures designed to prevent pollution at the source, that is, to keep storm water from contacting pollutants in the first place. Source control BMPs are generally simple, low -maintenance, cost-effective and are broadly applicable. They may be categorized as either nonstructural or structural. Good housekeeping (sweeping, removing trash etc.) is an example of a non-structural source control BMP because by sweeping up and completely removing the pollutant, the storm water is kept from contacting the pollutant. A canopy over the top of construction materials, for example, is considered a structural source control BMP because the canopy prevents the storm water from contacting the pollutant. Treatment control BMPs are methods of treating storm water runoff to remove pollutants and are frequently more costly to design, install, and operate than source control BMPs and include devices such as retention basins, pervious pavers, dry wells, clarifiers, or catch basin inserts. Typically these devices must be maintained on an annual or semiannual basis to remain effective at pollutant removal. Treatment control BMPs are typically not as effective as source control BMPs, and the effectiveness is highly dependent on regular maintenance. Nevertheless, they can be appropriate and effective under certain conditions despite the fact that treatment control BMPs typically do not remove all pollutants from storm water run-off and must not be regarded as disposal systems. The Storm Water Management/BMP Facilities Agreement recorded with the County Recorder is a mechanism used to guarantee the perpetual operation and maintenance of the BMPs. In any case, the Coachella Valley Water District (CVWD) requires the City to indemnify the district from all pollutants entering either the Whitewater or La Quinta Evacuation Channels from public or private storm drains therefore making it imperative that these maintenance agreements be in place. Attachment 1 is the template for the agreement that has been authored by the City Attorney. Since the execution of these agreements is expected to be routine in nature, the proposed resolution grants the City Manager authority to execute Storm Water Management/BMP Facilities Agreements on behalf of the City. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council authorizing the City Manager to execute the Storm Water Management/BMP Facilities Agreements subject to minor modifications as approved by the City Attorney and City Manager; or 138 2. Do not adopt a Resolution of the City Council authorizing the City Manager to execute the Storm Water Management/BMP Facilities Agreements subject to minor modifications as approved by the City Attorney and City Manager; or 3. Provide staff with alternative direction. Respectfully submitted, (:Jothy R. Jo as P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Storm Water Management/BMP Facilities Agreement Template 139 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE STORM WATER MANAGEMENT/BMP FACILITIES AGREEMENTS WHEREAS, under the City's National Pollutant Discharge Elimination System (NPDES) permit, certain development projects are required to submit a project - specific Water Quality Management Plan (WQMP) for review and approval; and WHEREAS, one of the requirements of the WQMP is to address the operation and perpetual maintenance for all of the Best Management Practices (BMPs) identified in the WQMP; and WHEREAS, BMPs are the practices, procedures, policies, prohibitions, schedules of activities, structures or devices that are implemented to prevent or minimize pollutants coming in contact with precipitation, storm water runoff, or non -storm water flows. BMPs are also structures or devices that remove pollutants from storm water runoff before the runoff enters a storm water drainage system or surface water; and WHEREAS, the Storm Water Management/BMP Facilities Agreement recorded with the County Recorder is a mechanism used to guarantee the perpetual operation and maintenance of the BMPs; and WHEREAS, the execution of these agreements is expected to be routine in nature. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. Adopt a Resolution of the City Council authorizing the City Manager to execute the Storm Water Management/BMP Facilities Agreements subject to minor modifications as approved by the City Attorney and City Manager. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 21" day of December, 2010, by the following vote: AYES: NOES: Resolution No. 2010- Storm Water Management/BMP Facilities Agreements Adopted: December 21, 2010 Page 2 ABSTAIN: ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California ,... ' 141 ATTACHMENT 1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of La Quinta City Clerk P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253-1504 EXEMPT FROM RECORDERS FEES PURSUANT TO GOVERNMENT CODE SECTIONS 6103 AND 27383. APN: SPACE ABOVE THIS LINE FOR RECORDER'S USE STORM WATER MANAGEMENT/BMP FACILITIES AGREEMENT NO. City of La Quinta, Riverside County, California THIS AGREEMENT, is made and entered into this day of 20� by and between (Insert Full Name of Owner) , hereinafter called the "Landowner," and the City of La Quinta, California, hereinafter called the "City." RECITALS WHEREAS, the Landowner is the owner of certain real property describe as (Riverside County Tract Map/Parcel Map Identification Number/Address) as recorded by deed in the land records of Riverside County, California, Map Book _ Page hereinafter called the "Property," and more particularly and legally described in Exhibit "A" attached hereto and made a part hereof by this reference; and WHEREAS, the City is the owner of (Insert the Name of Adjacent City Street(s) or Right -of -Way) and its storm drains that are adjacent to the Property, and WHEREAS, the City is subject to the Riverside Countywide Natioinal Pollutant Discharge Elimination System ("NPDES") Municipal Stormwater Permit issued by the State Water Resources Control Board — Colorado River Region No. 7 ("NPDES Permit"); and WHEREAS, pursuant to the NPDES Permit and the City's Stormwater Management and Discharge Controls Ordinance (codified as Chapter 8.70 of the La Quinta Municipal Code) ("Ordinance"), all new development must implement storm water treatment devices, fund the perpetual maintenance of those devices, and enter into an agreement with the City stating that the landowner, his successors, heirs, and assigns, will maintain the devices, grant a right of entry to City staff for inspections, and agree to pay the cost of such City inspections; and WHEREAS, the Landowner is proceeding to build on and develop the Property; and 2479/015610-0002 142 1015111.03 a11/16/10 WHEREAS, the Site Plan/Improvement Plan/Subdivision Plan known as (Name of Plan/Development) (hereinafter called the "Plan"), as approved or to be approved by the City, provides for the installation of permanent stormwater management and pollution prevention measures (the "BMP facilities") within the confines of the Property; and WHEREAS, the Ordinance requires the proper operation and maintenance of the BMP facilities constructed on the Property; and WHEREAS, the NPDES Permit, the Ordinance, and the development conditions of approval require that the BMP facilities, as shown on the approved Plan, be constructed and properly operated and maintained by the Landowner; and WHEREAS, the City and the Landowner, on behalf of itself and is successors, heirs and assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of the City of La Quinta require that the on -site BMP facilities (catch basin, underground detention pond, manholes, storm drain pipes and outlet structures) be constructed and maintained by the Landowner, its successors, heirs, and assigns, including, but not limited to, any homeowners association; and WHEREAS, this Agreement memorializes the Landowner's maintenance, operations, and inspection obligations under the City's Ordinance and the approved Plans. NOW THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. The on -site BMP facilities described above shall be constructed by the Landowner, its successors, heirs, and assigns, in accordance with the plans and specifications identified in the Plan. 2. The Landowner, its successors, heirs, and assigns, including any homeowners association, shall adequately maintain the BMP facilities, including, but not limited to, all pipes and channels built to convey storm water to the facility, as well as all structures, catch basin inserts, underground detention ponds, improvements, and vegetation provided to control the quantity and quality of the storm water. Adequate maintenance is herein defined as good working condition so that these facilities are performing in their design functions. 3. The Landowner, its successors, heirs, and assigns, shall annually inspect the BMP facilities described above by March of each year and shall submit an inspection report annually to the Public Works Department by April 1st of each year. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities, catch basins, berms, outlet structure, pond areas, access roads, etc. Deficiencies shall be clearly noted in the inspection report. 4. The Landowner, on behalf of itself and its successors, heirs, and assigns, hereby grants permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the BMP facilities whenever the City deems necessary to enforce the provisions of the NPDES Permit, the Ordinance or this Agreement or is required to do so by the NPDES 24791015610-0002 -2- '1 4 3 1015111.03 all/16/10 Permit. The purpose of such inspection is to follow up on reported deficiencies and/or to respond to citizen complaints, and meet the requirements of the NPDES Permit. The City may enter the Property at any reasonable time to inspect the BMP facilities and their operation, to inspect and copy records related to storm water compliance, and to collect samples and tax measurements. Whenever possible, the City shall provide notice prior to entry. The City shall provide the Landowner, its successors, heirs, and assigns, copies of the inspection findings and a directive to commence with any repairs if necessary. 5. In the event the Landowner, its successors, heirs, and assigns, fails to maintain the BMP facilities in good working condition and in accordance with the NPDES Permit and the City's ordinance, the City, upon prior notice, may enter upon the Property and take whatever steps it deems necessary to correct deficiencies identified in any inspection report to return the BMP facilities to good working order and charge the costs of such repairs to the landowner, its successors, heirs, and assigns. Nothing in this Section 5 shall be construed to allow the City to erect any structure of permanent nature on the land of the Landowner outside of the easement for the BMP facilities; nor shall any provision herein be construed to impose any obligation on the City to maintain or repair the BMP facilities. It is expressly understood and agreed that the Landowner, its successors, heirs, and assigns, including any homeowners association are responsible for maintaining and repairing the BMP facilities on the Property. and the City is under no obligation to routinely maintain or repair said facilities. 6. The Landowner, its successors, heirs, and assigns, shall perform the work necessary to keep these facilities in good working order as appropriate. In the event a maintenance schedule for the BMP facilities (including sediment removal) is outlined on the approved Plan, the schedule shall be followed. In the future, the City may adopt an annual Stormwater Inspection Fee that will be assessed to the Property. 7. In the event the City, pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors, heirs, and assigns, shall promptly reimburse the City upon demand for all costs incurred by the City in taking such action. The City will provide the Landowner, its successors, heirs, and assigns, with an itemized invoice of the City's costs and the Landowner shall pay the invoice within thirty (30) days. If the Landowner, its successors, heirs, and assigns, fails to pay the invoice within thirty (30) days, the City may secure a lien against the Property in the amount of such costs. In addition, the City may make the cost of abatement of the nuisance caused by the failure to maintain the BMP a special assessment against the Property that may be collected at the same time and in the same manner as ordinary municipal taxes are collected as provided in Government Code section 38773.5. Nothing in this Section 7 shall prohibit the City from pursuing other legal recourse against the Landowner. 8. This Agreement imposes no liability of any kind, whatsoever on the City. The Landowner, on behalf of itself and its successors, heirs, and assigns, agrees to defend, indemnify, and hold harmless the City, its officials, employees, and authorized agents, from any and all liability, damages, accidents, casualties, occurrences or claims whatsoever that may arise or be asserted against the City and which are in any way connected with the construction, operation, presence, existence, or maintenance of the BMP facilities by the Property Owner or the failure of the same, or from any personal injury or property damage that may result from the City or other 2479,�015610-0002 1015111.03 a11/16/10 -3- '.•.. �� public entities entering the Property under Section 4 or 5. The Landowner, its successors, heirs, and assigns, shall maintain liability insurance specifically covering the BMP facilities and the City. The City shall specify the amount of coverage and require proof of insurance to be provided to the City Clerk on a regular basis as determined by the Director of Public Works. 9. This Agreement shall be recorded in the Official Records of the County of Riverside. The covenants set forth herein shall run with the land, and the burdens thereof shall be binding upon each and every part of the Property and upon the Landowner, its administrators, executors, assigns, heirs, and any other successors in interests, including any homeowners association, in ownership (or any interest therein), for the benefit of Street and its storm drains and each and every part thereof and said covenants shall inure to the benefit of and be enforceable by the City, its successors and assigns in ownership of each and every part of the Street and storm drains. — THIS SPACE INTENTIONALLY LEFT BLANK — SIGNATURES BEGIN ON NEXT PAGE 1015111.03 aI 1 _ 145 I O15111 D3 all/16/10 _4 WITNESS the following signatures and seals: ATTEST: By: Name: Title: Please Print Notary must attach an "All -Purpose Acknowledgement' ATTEST: In City Clerk, City of La Quinta OWNER By: Name: Title: Please Print (Seal) CITY OF LA QUINTA City Manager, City of La Quinta All signatures on this Agreement on behalf of the Owner must be acknowledged before a Notary Public. In the event that the Owner is a corporation, the President/Vice President and the corporate secretary of the corporation must sign and the corporate seal must be affixed thereto. 2479/015610-0002 1015111.03 a11/16/10 -5 State of California County of Riverside On before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) State of California County of Riverside 1W before me, (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 2479/015610-0002 1015111.03 al1/16/10 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY That certain property located in the City of La Quinta, County of Riverside, State of California, described as follows: [TO BE PROVIDED] APN(s): 24791015610-0002 1015111.03 a11/16110 -� T'af 4 4 a" COUNCIL/RDA MEETING DATE: December 21, 2010 ITEM TITLE: Approval of a Professional Services Agreement with RBF Consulting to Provide Professional Engineering Services to Prepare the Plans, Specifications and Engineer's Estimate of Probable Construction Costs for the Washington Street Phase II Drainage Improvements, Project No. 2010-08 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA), in the amount not to exceed $29,660, with RBF Consulting to provide professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Washington Street Phase II Drainage Improvements, Project No. 2010-08, and authorize the City Manager to execute the Agreement. FISCAL IMPLICATIONS: The following is the project's approved funding: RDA Project Area No. 2: $313,296 Total Funding: $313,296 The following is the project's anticipated budget: Design: $29,660 Inspection/Testing/Survey $22,181 Construction: $227,500 Contingency: $33,955 Total Budget: 5313,296 14q CHARTER CITY IMPLICATIONS: The project is funded by the City's Redevelopment Agency Project Area Number 2. As such, the project is subject to prevailing wage requirements. BACKGROUND AND OVERVIEW: The realignment of Washington Street south of Highland Palms Drive (Avenue 47) created the St. Francis of Assisi parkway median, a large, curbed island on the west side of the street that separates Washington Street from a frontage road in front of St. Francis of Assisi Catholic Church. This project proposes to maximize the space within this parkway median area to serve as a storm water retention facility to supplement other drainage improvements within the area. The proposed retention basin will be graded using 3:1 slopes with a maximum depth of six feet. All utilities, with the exception of the Coachella Valley Water District (CVWD) pressure main will be relocated outside of the parkway median. 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. The Phase II Washington Street Drainage Improvements were included within the adopted CIP and scheduled for funding during Fiscal Year 2010- 2011. On April 20, 2010, the City of La Quinta Redevelopment Agency adopted a Resolution 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 within the Fiscal Year 2010-201 1 through 2014-2015 Capital Improvement Program (CIP). On September 21, 2010, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the PS&E for the Phase II Washington Street Drainage Improvements, Project 2010-08. On October 25, 2010, the City received fifteen (15) proposals. Following its evaluation of the proposals, the consultant selection committee recommended RBF Consulting be awarded a PSA (Attachment 1) to provide professional engineering services for the Phase II Washington Street Drainage Improvements, Project 2010-08. Contingent upon City Council approval of the PSA on December 21, 2010, the following is the anticipated project schedule: City Council Awards PSA December 21, 2010 Project Engineering December 22, 2010 — May 30, 2011 Construction June 2011 — October 2011 Project Closeout November 2011 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a PSA, in the amount not to exceed $29,660, with RBF Consulting to provide professional engineering services to prepare the PS&E of probable construction costs for the Washington Street Phase II Drainage Improvements, Project No. 2010-08, and authorize the City Manager to execute the Agreement; or 2. Do not approve a PSA, in the amount not to exceed $29,660, with RBF Consulting to provide professional engineering services to PS&E of probable construction costs for the Washington Street Phase II Drainage Improvements, Project No. 2010-08; or 3. Provide staff with alternative direction. Respectfully submitted, mothy R. o asso .E. Public Work irec /City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement 1bj ATTACHMENT 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 RBF Consulting ("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 Phase II Drainage Improvements, Project No. 2010-08, 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). .V t0') Last revised 11-18-10 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 11-18-10 2 ib 3 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 Twenty -Nine Thousand, Six Hundred Sixty Dollars ($29,660.00) (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. c Last revised 11-18-10 3 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 be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 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 December 22, 2010 and terminate on August 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. Brad Mielke, S.E., P.E., Senior Vice President b. Brad Donais, P.E., Vice President Last revised 11-18-10 4 1.55 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 11-18-10 5 .. 156 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 11-18-10 6 157 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 $1,00O,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 11-18-10 7 153 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 11-18-10 8 159 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 11-18-10 9 160 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 11-18-10 10 161 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 (with the exception of professional liability coverage, if required) 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 11-18-10 Il 162 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 11-18-10 12 •• 163 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 11-18-10 13 'A- 6 4 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 11-18-10 14 �C tJ 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 11-18-10 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 11-18-10 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: RBF CONSULTING Attention: Brad Mielke, S.E., P.E. Senior Vice President 74-130 Country Club Drive, Suite 201 Palm Desert, CA 92260-1655 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 I I-18-10 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 ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: RBF CONSULTING By: Name: Brad Mielke, S.E., P.E. Title: Senior Vice President Date: If. `?' /0 Last revised 11-19-10 1s Date .. 1169 Exhibit A Scope of Services Consultant's scope of work to related to Phase II Washington Street Drainage Improvements, Project No. 2010-08 is attached and made a part of this agreement. 110 Last revised 11-18-10 19 Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis for the Base Contract Amount in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Twenty -Nine Thousand, Six Hundred Sixty Dollars ($29,660.00) except as specified in Section 1.6 - Additional Services of the Agreement. Base Contract Amount: $ 26,730.00 Time and Materials Budget: $ 2,430.00 Reimburseable Budget: $ 500.00 Total Not to Exceed Fee: $ 29,660.00 III Last revised 11-18-10 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. Exhibit D Special Requirements None. o 173 Last revised 11-18-10 22 `^`7"'C V"K k' COUNCIL/RDA MEETING DATE: December 21, 2010 ITEM TITLE: Approval of the Program Supplemental Agreement No. 010-N to the City of La Quinta Master Agreement 08-5433R for Congestion Mitigation Air Quality Funding Toward the New Traffic Signal at the Intersection of Madison Street and Avenue 54, Project No. 2009-23 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute Program Supplemental Agreement No. 010-N (Attachment 1) to the City of La Quinta Master Agreement 08-5433R for Congestion Mitigation Air Quality (CMAQ) funding toward the New Traffic Signal at the intersection of Madison Street and Avenue 54, Project No. 2009-23. FISCAL IMPLICATIONS: The following are the approved funding and funding sources for the Madison Street at Avenue 54 Traffic Signal: CMAQ: General Fund: Total Funding: $322,000 $134,400 $456,400 The following is the anticipated project budget: Design: $1 12,000 Inspection/Testing/Survey $32,000 Construction: $250,360 City Administration $16,400 Contingency: $45,640 Total Budget: $456,400 17� CHARTER CITY IMPLICATIONS: The project is partially funded with federal funding. As such, the project is subject to prevailing wage requirements. BACKGROUND AND OVERVIEW: In April 2009, Coachella Valley Association of Governments (CVAG) issued a call for projects for Congestion Mitigation and Air Quality (CMAQ) eligible improvements. The total amount of CMAQ Improvement Program funding available was $2,180,000. On May 5, 2009, the City Council adopted a resolution of the City Council approving the submittal of an application to CVAG for partial funding for the following five projects in order of priority: Project No. 1 — Traffic Signal Synchronization • Eisenhower Drive from Coachella to Calle Tampico; and • Calle Tampico from Eisenhower Drive to Washington Street Project No. 2 — Traffic Signal Synchronization • Adams Street from Westward Ho to Fred Waring Drive; • Miles Avenue from Adams Street to Dune Palms Road; and • Dune Palms Road from Miles Avenue to Fred Waring Drive Project No. 3 — City Owned Property PM-10 Stabilization • Use of contract farming on undeveloped property at SilverRock • Planting of Bermuda and Sudan grass on undeveloped areas not being farmed Project No. 4 — New Traffic Signal Design and construct a new traffic signal at the intersection of Dune Palms Road and Retail Center Drive Project No. 5 — New Traffic Signal Design and construct a new traffic signal at the intersection of Madison Street and Avenue 54 On December 7, 2009, CVAG's Executive Committee approved CMAQ funding, in the amount of $992,000, toward City project priorities 1, 2 and 5. On March 16, 2010, the City Council adopted a Resolution of the City Council of the City of La Quinta making certain findings pursuant to Health and Safety Code Section 33445(a) and authorizing the expenditure of funds toward the City's traffic signal synchronization improvements at various locations; appropriated funding and approved the inclusion of the new traffic signal at the intersection of Madison Street and Avenue 54 within the Fiscal Year 2009-2010 Capital Improvement Plan (CIP). •• 175 On March 16, 2010, the La Quinta Redevelopment Agency of the City of La Quinta adopted a Resolution making certain findings pursuant to Health and Safety Code Section 33445(a) and authorizing the expenditure of funds toward the new traffic signal at the intersection of Madison Street and Avenue 54. On September 21, 2010, the City Council approved the Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) for the new traffic signal at the intersection of Madison Street and Avenue 54. On October 21, 2010, the City received nine (9) proposals. The consultant selection committee has reviewed all proposals and is currently in the process of negotiating the scope, fee and schedule with the top ranked firm. The City Council is tentatively scheduled to consider the award of a professional services agreement (PSA) to accomplish this work in January 2011. The attached Program Supplement Agreement 010-N to Agency -State Agreement Number 08-5433R provides $43,000 of Federal funding toward the preliminary engineering phase of the New Traffic Signal at the intersection of Madison and Avenue 54, Project No. 2009-23. In addition to the City's execution of the original agreement, the City Clerk will be required to provide a certified "Minute Order" that clearly identifies the project and the official authorized to execute the agreement. The following is the anticipated schedule of events to complete the project: Consultant Selection Process City Council Awards PSA Project Engineering (Includes NEPA Doc) City Council Approves PS&E Construction Project Closeout FINDINGS AND ALTERNATIVES: October 22 — December 21, 2010 January 4, 2011 January 5, 2011 — July 31, 2011 August 16, 2011 September 2011 — December 2011 January 2012 The alternatives available to the City Council include: 1 . Authorize the City Manager to execute Program Supplemental Agreement No. 01 O-N to the City of La Quinta Master Agreement 08-5433R for CMAQ funding toward the New Traffic Signal at the intersection of Madison Street and Avenue 54, Project No. 2009-23; or 76 2. Do not authorize the City Manager to execute Program Supplemental Agreement No. 010-N to the City of La Quinta Master Agreement 08-5433R for CMAQ funding toward the New Traffic Signal at the intersection of Madison Street and Avenue 54, Project No. 2009-23; or 3. Provide staff with alternative direction. Respectfully submitted, i thy R. J n sso .E. Public Works 1recto ity Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Program Supplemental Agreement 177 ATTACHMENT 1 STATE OF CALIFORNIA, BUSINESS,TRANSPORTATION AND HOUSING AGENCY Amold Schwaaenegger, Governor DEPARTMENT OF TRANSPORTATION ="~s Division of Local Assistance 1120 N STREET P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TTY 711 (916) 654-3151 File: 08-RIV-0-LQNT Fax (916) 653-7621 RECEIVED CML-5433(012) October 27, 2010 Mr. Tim Jonasson Public Works Director/City Engineer City of La Quinta P.O.Box 1504 La Quinta, CA 92253 Dear Mr. Jonasson: NOV 0 1 20IJ Avenue 541 Madison Street Intersection Enclosed are two originals of the Program Supplement Agreement No. 010-N to Administering Agency -State Agreement No. 08-5433R. Please note that federal funding will be lost if you proceed with future phase(s) of the project prior to getting the "Authorization to Proceed" with that phase. Please review the covenants and sign both copies of this Agreement and return both to this office, Office of Project Implementation - MS1 within 60 days from the date of this letter. If the signed Agreements are not received back in this office within 60 days, funds will be disencumbered and/or deobligated. Alterations should not be made to the agreement language or funding. Attach your local agency's certified authorizing resolution that clearly identifies the project and the official authorized to execute the agreement. A fully executed copy of the agreement will be returned to you upon ratification by Caltrans. No invoices for reimbursement can be processed until the agreement is fully executed. A copy of the State approved finance letter containing the fund encumbrance and reversion date information will be mailed to you along with your copy of the executed agreement. Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer Sincerely, All / ( RAY ZHANG, Chief Office of Project Implementation - South Division of Local Assistance Enclosure c: DLA AE Project Files (08) DLAE - Savat Khamphou 178 PROGRAM SUPPLEMENT NO. N010 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 08-5433R Date: October 13, 2010 Location: 08-R IV-0-LONT Project Number. CML-5433(012) 08y E.A. Number: 08-925214 Locode: 5433 This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 12/18/06 and is subject to all the terns and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages. PROJECT LOCATION: Avenue 54 / Madison Street Intersection TYPE OF WORK: New Traffic Signal LENGTH: 0.0(MILES) Estimated Cost Federal Funds Matching Funds L40E `$43,000.00 LOCAL OTHER $108,000.00 $65,000.0 $0.00 } { STATE OF CALIFORNIA CITY OF LA QUINTA Department of Transportation By By Chief, Office of Project Implementation Title Division of Local Assistance Date Date Attest I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer in.Gr�� Date Iv �1.3 / $43,000.00 Statutes Item Year Program BC Category Fund Source AMOUNT .g�.oia8ro C 2V200 Sl Z --P 41 F, 000 Program Supplement 08-W3R-N010- ISTEA Page 1 of 3 179 08-RIV-0-LQNT 1011312010 CML-5433(012) SPECIAL COVENANTS OR REMARKS I. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 2. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). 3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumberances for State funded projects, as well as to suspend invoice payments for any on -going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. 4. The Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal - assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). 5. As a condition for receiving federal -aid highway funds for the PROJECT, the Program Supplement 08-543311-N010- ISTEA Page 2 of 3 180 08•i21V-0•LQNT 1011312010 CML-5433(012) SPECIAL COVENANTS OR REMARKS Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Excluded Parties List System (EPLS). 6. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award or with the submittal of the ADMINISTERING AGENCY's first invoice for the construction contract, whichever is earlier. Failure to do so will cause a delay in the State processing invoices for the. construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. 7., Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably. reverted by the Department's Division of Accounting on the applicable fund Reversion Date. Program Supplement 0"433R-N010- ISTEA Page 3 of 3 181 PROGRAM SUPPLEMENT NO. N010 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 08-5433R Date: October 13, 2010 Location: 08-RIV-0-LQNT Project Number: CML-5433(012) E.A. Number: 08-925214 0 � DOC 2-D i7x Locode: 5433 This. Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 12/18/06 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached). The Administering Agency farther stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages. PROJECT LOCATION: Avenue 54 / Madison Street Intersection TYPE OF WORK: New Traffic Signal LENGTH: 0.0(MILES) STATE OF CALIFORNIA CITY OF LA QUINTA Department of Transportation By Title Date Attest By — Chief, Office of Project Implementation Division of Local Assistance Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer__'�y"-- Date /° // 3 1 —IC) $43,000.00 Chapter Statutes Item Year Program �_�D�t IZI�aO.Jr° � .�•o�o.Y2a BC _C Category Fund Source 7iP7Q� co i AMOUNT —.. i Program Supplement 08-5433R-N010- ISTEA Page 1 of 3 182 08-RIV-0-LQNT 10/13/2010 CML-5433(012) SPECIAL COVENANTS OR REMARKS 1. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures. Manual. 2. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). 3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizationslobligations for Federal aid projects, or encumberances for State funded projects, as well as to suspend invoice payments for any on -going or future project .by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. I Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. 4. The Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal - assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). 5. As a condition for receiving federal -aid highway funds for the PROJECT, the Program Supplement 08-5433R-N010- ISTEA Page 2 of 3 08-RIV-0-LQNT CML-5433(012) SPECIAL COVENANTS OR REMARKS 1011312010 Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Excluded Parties List System (EPLS). 6. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award or with the submittal of the ADMINISTERING AGENCY's first invoice for the construction contract, whichever is earlier. Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual 7. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department,of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. M. 184 Program Supplement 085433R-N010- ISTEA Page 3 of 3 Tit�t 4 4 a" COUNCIL/RDA MEETING DATE: December 21, 2010 ITEM TITLE: Acceptance of Off -Site Improvements Associated with Parcel Map No. 33588, Sam's Club, Sam's Real Estate Business Trust RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: C;L 0 STUDY SESSION: PUBLIC HEARING: Accept off -site improvements associated with Parcel Map No. 33588, Sam's Club, Sam's Real Estate Business Trust, authorize staff to release the performance security and direct staff to release the labor and materials security ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: Acceptance of the off -site improvements will impact the General Fund as follows: Catch basin maintenance is estimated to be $1,500 annually, which will be incorporated in the Public Works Department Account No. 101-7003-431.43-73 for storm drain maintenance. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 33588, Sam's Club, is located south of State Highway 1 1 1 and west of Dune Palms Road (Attachment 1). All obligations of the subdivision improvement agreement for the off -site improvements have been satisfied. Attachment 2 indicates the amount of the warranty security. 185 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Accept the off -site improvements associated with Parcel Map No. 33588, Sam's Club, Sam's Real Estate Business Trust, authorize staff to release the performance security and direct staff to release the labor and materials security ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the off -site improvements associated with Parcel Map No. 33588, Sam's Club, Sam's Real Estate Business Trust, do not authorize staff to release the performance security and do not direct staff to release the labor and materials security ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, othy R as P.E. Public Wo Dir c r/City Engineer Approved for submission by: r homas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Warranty Security Exhibit 186 ATTACHMENT 1 PM 33588 SAM'S CLUB VICINITY MAP NOT TO SCALE 187 ATTACHMENT 2 WARRANTY SECURITY Parcel Map No. 33588 — Off -Site Improvements Development Name: The Former Sam's Club OFF -SITE IMPROVEMENTS I Performance Security' Labor& Original Proposed WARRANTY Improvement Descri lion MatedaIS2 Amount Reduction AMOUNTS Widen west side of Dune Palms adjacent to Parcels 1, 2, & 3, and construct deceleration lanes to driveways serving Parcels 2 & 3 $211 880 $211 880 90% $21,188 Construct landscaped median on Dune Palms Road adjacent to Parcels 1, 2, &3, including median openings and turn pocket lanes $416 630 $416 630 90% 1 $41 663 Construct meandering sidewalk along Dune Palms Road adjacent to Parcels 1, 2, & 3 $77 500 $77 500 90% $7 750 Install perimeter landscaping in right of way and in landscape setback area along Dune Palms Road adjacent to Parcels 1, 2, &3 $113 475 $113,475 900/0 $11 348 Modffy Traffic Signal at Highway 111/ Dune Palms Road intersection $100,000 $100,000 90% $10000 Construct meandering sidewalk along Highway 111 ad'acent to Parcel 1 $15310 $15 310 90% $1 531 Install perimeter landscaping in right of way and in landscape setback area along Hiqhwav 111 adiacent to Parcel 1 $45 060 $45 060 90% $4 506 Construct Sunline Bus Shelter on Highway 111 $65,000 $65,000 90% $6,500 Professional Fees, Design 10% $104,485 $104485 100% $0 Professional Fees, Construction 10% $104,485 $104,485 1 100% $0 Totals $1253,825 $1,253,825 -- 1 $104,486 Performance Security shall be released immediately upon City Council acceptance 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. 3 WARRANTY SECURITY (10% of Original Performance Security) shall be received by the City prior to being placed on the agenda for City Council. T'd<r44Qmbtw COUNCIL/RDA MEETING DATE: December 21, 2010 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreements for Tract Map No. 33597-1, Malaqa, R.T. Huqhes Co., LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreements (SIAs) for Tract Map No. 33597-1, Malaga, R.T. Hughes Co., LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 33597-1 is located south of Avenue 60 and west of Madison Street (Attachment 1). This residential development will consist of 17 single family lots on approximately 8 acres. On July 5, 2005, the City Council approved Tentative Tract Map No. 33597. On January 14, 2008, the Planning Director granted the first time extension. On January 7, 2009, the Planning Department approved Malaga's Phased Tentative Tract Map. On May 3, 2010, a revised Phased Tentative Tract Map was approved by the Planning Department. 189 The developer has requested the City Council's conditional approval of the first Final Map (Attachment 2) which will allow thirty (30) days for completion of its processing. To date, the SIAs (Attachment 3) have been executed by the developer but the associated securities have not yet been received and the Final Map has yet to be signed by all required parties. The developer expects that the associated securities and all signatures will be in place within the time allowed for its conditional approval. The Final Map is technically correct and substantially complies with the approved tentative map; however, it should be noted that a temporary construction easement will be necessary for the lots adjacent to Madison Street when Madison Street is constructed over the dike to the south of this project. The southerly property owner, Travertine Corporation, has negotiated a temporary construction easement with the subdivider which was not recorded. Travertine is currently in negotiation with the owner of this project to make certain modifications to the temporary easement and to incorporate that easement into a future phase Final Map. City staff has prepared a resolution which provides for conditional approval of the Final Map and SIAs. The approval is contingent upon receipt within thirty (30) days (January 20, 201 1) of a technically correct Final Map suitable for recording by the County Recorder with all required signatures (except the City Clerk and the City Engineer), associated securities, Quimby Fees, any obligations for easements, temporary or permanent, associated with the construction of Madison Street to the satisfaction of the City Engineer and any other requirements not expressly described here. Once these items are received, the City Clerk will affix the City seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after the required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and SIAs for Tract Map No. 33597-1, Malaga, R.T. Hughes Co., LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and SIAs for Tract Map No. 33597-1, Malaga, R.T. Hughes Co., LLC; or 3. Provide staff with alternative direction. Respectfully submitted, A�AR Timothy R. UnassV, P.E. Public Works Director/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreements 191 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT APPROVALS OF TRACT MAP NO. 33597- 1, MALAGA, R.T. HUGHES CO., LLC AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 192 Resolution No. 2010- Tract Map No. 33597-1, Malaga Adopted: December 21, 2010 Page 2 Section 1. The Final Map for Tract Map 33597-1 is conditionally approved provided the subdivider submits all required items on or before January 20, 2011. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act, and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements and any other requirements not expressly described here to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. C. Pay the required Quimby Fees D. Satisfy all obligations for easements associated with the construction of Madison Street, temporary or permanent, to the satisfaction of the City Engineer Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this Final Map shall expire when City offices close for regular business on January 20, 2011. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of December, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 193 Resolution No. 2010- Tract Map No. 33597-1, Malaga Adopted: December 21, 2010 Page 3 DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 194 ATTACHMENT 1 TM 33597-1 MALAGA Lj � W N ~ (n AIRPORT BOULEVARD z w 0 0 PROJECT SITE V TRACT 33597 AVENUE 60 AVENUE 61 AVENUE 62 VICINITY MAP NOT TO SCALE ATTACHMENT 2 IN THE CRY OF TA CURTI COUNTY OF RNEASIDE, STAR OF MFORNIA TRACT NO. 33597-1 BEING A SUBDMSION OF A PORTION OF THE BERRIEASF MORTEN OF THE NORTHEAST WARIER OF SECTION 33, IONNSHA B SOUTH, RANGE ) VOTE, SIAEI BERNARDINO BASE AND MERIDIAN. ANDS CONSULTNC SEPTENIEER, 2" OWNER'S STATEMENT WE I. 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MORSE LS, 3640 CIL AVENUE 60 SHEET 3 OF 6 SHEETS Ot & 6 1 a § UP REMAINDER PARCELPC ,reEE tTO- I p IT �1 $ "oeA gym; REMAINDER PARCEL uou ¢ LOT �\ V—P.; ums+Naicoa- ToapyDuroE5]S O z �m-aE 0 - — — — — — — — — — — — — — — — — — — — —/I C/DLAVENUE 6xe v p — 1P: AVENUE A� IFss l��e FC7mmlHEHF CI of 11 CI '.0 wimNl'II "I sEcnoN 33 v a04 ' L 6 S., R. 7 E., S.B.M. 't T�t �! Pe\G,; £I -A - EASEMENT GPLL ;0 ~fie Y E SC [ P 00 5 \\ PF C os io POETC e c i ac11 o$F PESC D m css TRACT N0. 33597 B" T , I�� ` '? DROOL N ELECTRIC, E c 1A ��POEios e x Ew V A � u oc Es LOAN O E E oN P/ \ II/ J o uwPosa ocrc m o .� E OPAN F E;9 �� b. E l PiG11gJ IIIII 1i QjDENA IS A 100D FOOT CASEMENT x(MERENT 104 &ATIP.AFFLICTC DFp0ff3 �� a LNC F 10 A a o 0 ill 0 STATED oP[P ]PEe Deg '� 011111 E BW" II+ ACfS iP0 s - IFF[ RE' IBM \ © ES 00IT n sor .l ,n E S -6 p i s0c E(yF 41 Nn ] o .731E CIE E C OF RD : o AIT DETAIL "A.. u e :CS CANT Ill 2013- ensA7,G/20:0 s - roervan .o. zow-orna;, ou. 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' I I, 1 V' I 'EAFEE C Q00 0 '" NAT 111 ILDLIPmores s A 3000FASEREDT I rAPONyi OF TIE o S.I(s OF E PE FOR UNDE pSi E 11 1 22osx ]l0 +s "'PER I" Po o-m]] 87 " .x a D T L IS. .Il6 C Yj\Nq:06 ]OIx FOR RO \ \ \ \ P Q&OrAT \ iT "Tr�n a Id s e-� so- -e-�. REMAINDER PARCEL ISm1 e. LOTN a.n OS51 M. 13 r' -�I 1 on PTOITIN, Y 6 M LOT M 2PH K. na. IS T„m Lii oRR O V yI o � - ss�e'e rah' IT n aaa � Y \ \ / 2 o IF e3 fi \a i 12 199 SEE SHEET 2 FOR SURVEYOR'S IN THE CIW OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 5 OF 6 SHEETS NOTES AND BASIS OF BEARINGS. TRACT NO. 3 3 5 9yI — 1 BEING A SUBDIVISION OF A PORTION OF THE NORTHEAST QUARTER Or THE NORTHEAST QUARTER ED -VY NI Dm_ 944vm -Iv[ 25Ell In OF SECTION 33. TOWNSHIP 6 SOUTH, RANGE V EAST, SAN BERNARDINO BASE AND MERIDIAN. TEN LF F '. accn .uE1,10 PELLETS' MISS CONSULTING SEPTEMBER, 200E STANEEY C. MORSE LS. 3640 NO mE�-A, VS ]55/� r96 cd caPTED A re sCn / \ CAL AVENUE 60 28", D y 1 2111so _ _N FEIml 134 E 1 E9 1' b '< 2 2 n \ -1527 a LDT H (lY1�LMS) 6'E. naaaln r e.9IT OISON 57. LOT E N 2 b o� -----T -- - Q O 11 r I If3E / y I GIRT D(( L E o Q � o. ca us I( au os E -CALLE COMPANIA 'DI, 2 ]e Daze s2 �'ME MR z s S .4J I IRS ( 11 l B 9 J 5J' ]6. Bl L 19 IF ] y�� R..0 111]P 20. IT IO ` 'o LOT M Iy -� 1 (VNM2,234K EASEMENTS _ _ IT oN PNRPOSEs AInz 11, Ta . or .�� 1, !IN PNR IP HT PIY PUPASES WGPCiS TUN 111111 OF SEEPCl 4 rurHLENEY' IFTNILTI I EL\ 5D Z Q- ES 0. .01(SEE CA'PC `,D,ES msa IT mE m to I PHEL HE GETICN s c S V rs orr: ( a PE c 11 11 IINIA 144 �v �\ 3 a -IND SIDE " PILL E E(E"SITE_ Tl HERE. w 11111 slFc SE[ T [Ts ] Ra c I ISDE xR ¢Y / V �LL�OA 4 Ll T 12 o> ,ram Tom,PH 10 Z 9 o `, g T / /(�`� / �N " m LET etr � 11� N se IE>\ m RIT e� A 41pJ V T U �.\ G o0 Cl o 11 LOSE IAA \ L3 REMAINDER PARCEL 13.1(AD SEE SHEET NO, 6 1AAi15 l 5" yy FASEMENL NOTES : 05E1eWIS Plmlln IN rv�ix1£ildF -20(SENENT IN FAVOR Or 1.1 /TYKE STATES 01 Q-S0.EI END WUIIC NMY LALUEI.1 M FAVOR WEFILA LEE WFlEF PIPE TIN( PU POSES. F'1 O1 THE Di OF 11 "Ill"Ill((0W(0 NAY T. 2Po9 1 11 1I-T 10 ' W.' 0 01 }1. '.9 9 S `. IN BSA L . `, 02 11IR. Q I S r £S 2R0-2B5 OF U "I'll, 011, _ R 1.0-OL31] � 0 ME EI'iY Ur2 u DU III REPORTED MAT Al�20IH STERN IT, PEP ® . .. RRC M EASIMENT TOR THEIIS I., DRIES4 AS OUC NO 2C09-0YPReI. OA EELS F60FUC0 PEPIN 11, 196I PEF (00x SF, �- SEEN p FIEEE-N: ry fl Ix( 01T 01 H YASm� a Doc N I III 1ADEm. mrclu rDa .1 PnErsmE CO a¢DFao NIP I00R-OEa02 OR IT7 p 03 -DIePU TA HE EREEE Ill01 2^S-11 GS(MVN r'I WOR a T-E 4Nnm ELITES IF MA 140SI�:5 IS .m. San-mnma Pe. THIN- FOR wNIIIIHN9NIRelrnl EN u 7E R¢6psnm¢A�r_�Tw�o-oz,1�6R 200 SEE SHEET 3 FOR SURVEYORS IN THE CITT OF LA GUINTA, COUNT OF RIVERSIDE. STATE OF CALIFORNIA WERE AND 80.515 OF BEARINGS. TRACT NO. 33597-1 BEING A SUBDNISION OF A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST GUARDER OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE ] EAST. SIN SERNAROINO BASE AND MERIOMN. MOS CONSULTING SEPTEMBER, 2008 STANLEY C. MORSE LS, 3640 SEE SHEET NO 5 p II O CE CA TH CA A, �i eSEuim CS c, IS CE l i3 11 i REMAINDER A PARCEL A 0 rI T}. ry 1104 /G. 9 n' uswna'1 WORM NOTES: FACEu[ms PwLm aN w[ Sr[ol FEE- Es_ANT Nr I I I I LEE .00LSC E. o o u IQzIlI - 'pE —11 Cr E c 0 l Ln co ,11 S Y. 1. E [ 0 W BLC !0 0. ES0+1 ES GRESS PODIC INa ar SWILL ao &=ROEHo vLw<L6 S PLfKAROEO VN1 0F�( Ely OF OF A SOT1�]009 11 FEELM� �` FINE ° Po m Oz EtOPOCD - S :E I71 [CTi, r w E of © u F r E a o E a 11 > ISI 0EC SEE, S Al HE4 xP, i 0P I F1 L+s HE RLON IC COKHEW IIAII x'a'[p pi51 FiPJ (SEE CNSEIS J1NACAI cl I\ SHEET 6 OF 6 SHEETS 1 vu+iCS 'i 25 --\JL ,'4 S, ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 33597-1 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 20 by and between R.T. Hughes Co., LLC, a Limited Liability Company hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and submitted to City for final approval and recordation a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 33597-1 (the "Tract") pursuant to the provisions of Section 66410, at seq. of the California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City ordinances and regulations relating to the filing, approval and recordation of subdivision maps are sometimes collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the Tract has been approved subject to the Subdivision Laws and to the requirements and conditions contained in Resolution No. 2005-054 (the "Resolution of Approval"). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference. C. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). D. The Improvements have not been installed and accepted at this time. E. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. In consideration of approval of a final map for the Tract by the City Council, Subdivder desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed Tract. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer. 2. Improvements. Subdivider shall construct the Improvements required to be constructed or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by this reference, and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction. shall be as approved by the City Engineer. 3. Improvement Security. Subdivder shall at all times guarantee Subdivider's performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Laws on forms and in the amounts approved by City for the purposes as follows: A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit i of9n 3 2 fees. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement ("Monumentation Security"). A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition precedent to City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and may be one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the Improvements. O ,y 2 of9 J 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal one hundred percent, (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents specified in this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacement of security. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement. ..3as 204 G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of Section 10 of this Agreement. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 13 of this Agreement, the warranty period shall not commence until final acceptance of all the work and improvements by the City pursuant to Paragraph 10. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 6) City may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements Inspection. 6.1 Construction of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of 2 0 Arne 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 agreement, 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. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 6.2 Inspection. Subdivider shall at all times maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Subdivider may request a final inspection by the City Engineer or the City Engineer's authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in Paragraph 10 of this Agreement. Subdivider shall bear all costs of plan check, inspection and certification. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survev Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, at sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions set forth in the Resolution of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 12, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Iniury to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the ,.5 of9 206 completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Subdivider. 12. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 13, Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. If within the warranty period any work or improvement or part of any work or improvement done,furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, Subdivider hereby authorizes City, at City's sole option, to perform the work twenty (20) days after mailing written notice of default to Subdivider and to Subidivider's Surety, and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Subdivider can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the cost of such repairs 14. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 15. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed, or commenced and diligently pursued, within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 16. Iniury to Public Improvements Public Property or Public Utility Facilities. Subdivider shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work performed under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 17. Indemnification. a. Neither City nor any and all of its officials, employees and agents ("Indemnified Parties") shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees in the performance of this Agreement. Subdivider further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Subdivider, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as ^ O -6 Of C provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is intended to or shall be deemed to limit or waive any protections or immunities afforded by law to City or any and all of its officials, employees and agents ("Indemnified Parties'), by virtue of city's approval of the plan or design of the Improvements, including without limitation the protections and immunities afforded by Government Code Section 830.6. After acceptance of the improvements, Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by City of the Improvements. It is the intent of this paragraph that Subdivider shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The Improvement Security shall not be required to cover the provisions of this paragraph. 18. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 19. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect. 20. Subdivider No Agent of City. Neither Subdivider nor any of Subdivider's agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. 2`b •7d9 E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party- F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. G. Time is of the essence in the performance of each and every provision of this Agreement. H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement. I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City R.T. Hughes Co., LLC P.O. Box 1992 La Quinta, CA 92247 Title: au Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date Date a.?§ 209 Exhibit A SECURITY — TRACT MAP NO. 33597-1 OFF -SITE IMPROVEMENTS Improvements designated as 'Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council. Improvement Description Ave 60 Street Improvements with Perimeter Wall Storm Drain Domestic Water Sanitary Sewer Signing and Striping (Ave 60) Perimeter Landscaping Sidewalk Totals Standard 10% Contingency Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% Bond Amount Performance Labor & Materials 9of9 210 CITY or LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 33597-1 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of . 20 by and between R.T. Hughes Co., LLC, a Limited Liability Company hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and submitted to City for final approval and recordation a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 33597-1 (the "Tract") pursuant to the provisions of Section 66410, et seq. of the California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City ordinances and regulations relating to the filing, approval and recordation of subdivision maps are sometimes collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the Tract has been approved subject to the Subdivision Laws and to the requirements and conditions contained in Resolution No. 2005-054 (the "Resolution of Approval"). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference. C. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). D. The Improvements have not been installed and accepted at this time. E. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. In consideration of approval of a final map for the Tract by the City Council, Subdivder desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed Tract. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer. 2. Improvements. Subdivider shall construct the Improvements required to be constructed or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by this reference, and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. Subdivder shall at all times guarantee Subdivider's performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Laws on forms and in the amounts approved by City for the purposes as follows: A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit lag 21 fees. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement ("Monumentation Security'). A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition precedent to City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and may be one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the Improvements. 209 212 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal one hundred percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents specified in this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacement of security. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B. above, there will be no administrative fee E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement. 3 of9 91 °j G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of Section 10 of this Agreement. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 13 of this Agreement, the warranty period shall not commence until final acceptance of all the work and improvements by the City pursuant to Paragraph 10. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 6) City may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements Inspection. 6.1 Construction of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of 4 of L l � 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 agreement, 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. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 6.2 Inspection. Subdivider shall at all times maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Subdivider may request a final inspection by the City Engineer or the City Engineer's authorized representative. if the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in Paragraph 10 of this Agreement. Subdivider shall bear all costs of plan check, inspection and certification. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, at sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions set forth in the Resolution of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 12, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Iniury to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the 25 5 Of completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Subdivider. 12. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 13. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. If within the warranty period any work or improvement or part of any work or improvement done,furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, Subdivider hereby authorizes City, at City's sole option, to perform the work twenty (20) days after mailing written notice of default to Subdivider and to Subidivider's Surety, and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Subdivider can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the cost of such repairs 14. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 15. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed, or commenced and diligently pursued, within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 16. Iniury to Public Improvements Public Property or Public Utility Facilities. Subdivider shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work performed under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 17. Indemnification. a. Neither City nor any and all of its officials, employees and agents ("Indemnified Parties") shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees in the performance of this Agreement. Subdivider further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Subdivider, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as 9 s.qafi 716 provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is intended to or shall be deemed to limit or waive any protections or immunities afforded by law to City or any and all of its officials, employees and agents ("Indemnified Parties"), by virtue of city's approval of the plan or design of the Improvements, including without limitation the protections and immunities afforded by Government Code Section 830.6. After acceptance of the improvements, Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however, Subdivider shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by City of the Improvements. It is the intent of this paragraph that Subdivider shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The Improvement Security shall not be required to cover the provisions of this paragraph. 18. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 19. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect. 20. Subdivider No Agent of City. Neither Subdivider nor any of Subdivider's agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. ims E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. G. Time is of the essence in the performance of each and every provision of this Agreement. H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement. I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk R.T. Hughes Co., LLC P.O. Box 1992 La Quinta, CA 92247 By:_ Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: Date Date Date City Attorney Date e.1.r, 218 800 Exhibit A SECURITY — TRACT MAP NO. 33597-1 ON -SITE IMPROVEMENTS Improvements designated as 'Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council. Improvement Description Rough Grading Street Improvements Signing and Striping Storm Drain Domestic Water Sanitary Sewer Dry Utilities Relocation of Irrigation Line Basin Landscaping Monumentation Totals Standard 10% Contingency Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% Bond Amount Performance Labor & Materials G19 909 REPORTSANFORMATIONAL ITEM: /9 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA October 12, 2010 CALL TO ORDER 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, Wilkinson, and Chairman Alderson. ABSENT: Commissioner Weber STAFF PRESENT: Assistant City Manager/Development Services Doug Evans, Planning Director Les Johnson, Assistant City Attorney Michael Houston, Planning Manager David Sawyer, Principal Engineer Ed Wimmer, Economic Development Project Manager Deborah Powell, Assistant Planner Eric Ceja, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: There being no comments, or suggestions, it was moved by Commissioners Wilkinson/Barrows to approve the minutes of April 27, 2010 as submitted. AYES: Commissioners Barrows, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: Commissioner Weber. ABSTAIN: None V. PUBLIC HEARINGS: A. Site Development Permit 2010-915; a request by Tony Kraatz, Ken Garff Automotive Group for consideration of renovation and expansion of an existing vacant automotive dealership site located at the southwest corner of Highway 111 and La Quinta Drive. 29-0 Planning Commission Minutes October 12, 2010 Commissioner Wilkinson recused himself due to a business relationship with the applicant. Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Quill asked if the perimeter of the property was all turf and was it to remain. Staff explained where the turf was and the applicant's plan for landscaping the area. Staff further explained the City's current landscaping plan for Highway 111 and the auto dealers. Commissioner Quill asked if the Garff dealership would be adding turf and staff responded they would actually be removing turf. It would be more desertscape than what currently exists. Chairman Alderson commented on the Architecture and Landscaping Review Committee's (ALRC) recommendation on the removal of turf in lieu of concrete and included comments on the inclusion of desert landscape planters and the removal of all of the green growth. Chairman Alderson asked about the blue accent not being part of the specific plan and why the applicant was able to modify it. Staff responded it was a matter of consistency with the specific plan for this particular development and explained the types of changes that would be made. General discussion followed on consistency with the nearby Mazda dealership and the expiration of its current entitlement. Chairman Alderson pointed out the complexity of the traffic flow on the site and asked if the applicant would be submitting a sign program which would assist potential and current customers. Staff responded they were working with the applicant on an entire sign package which would include wayfinding directional signage for those entering the facility. Commissioner Barrows asked for clarification on an item in the staff report which stated, at a future point, the landscaping would be evaluated; the existing perimeter landscaping was being reviewed by Planning Commission Minutes October 12, 2010 the City, and when the project comes back a more detailed landscape plan would be submitted at the time of building improvements. Staff said there were two items: 1) the infill of the pockets of landscape around the Cadillac dealership and the north facing wall in front of the service, which would be addressed in conjunction with the building permit, as a final landscaping matter; and 2) the landscaping along Highway 111 . Staff explained the process of determination and that it would actually involve two other dealerships besides Garff Motors. Staff further explained they were addressing a multitude of items, including signage and vehicle display for all three dealership frontages at once. They would then work specifically with Garff Motors with regards to their other two frontages and go into a more drought -tolerant design for those areas. Commissioner Barrows questioned the wisdom of removing turf areas and replacing them with concrete. Staff responded they made that recommendation to the ALRC based on their site visits. Staff further explained the layout and reasoning for the decision. Commissioner Quill asked staff if the Simon Motors building would be left vacant. Staff said yes. Commissioner Quill asked if the City intended for that site to become another dealership or could it be utilized for some other use. Staff said it was unknown at this time. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to speak. Mr. Michael Hastings, Direct Point Advisors, 611 South Orchard Drive, Burbank, CA (representing Garff) introduced himself said he had his client, Mr. Garff with him, as well as the building crew and the architect, Walt Wagner. He said they were all there to answer any of the Commissioners' questions. Commissioner Barrows encouraged the applicant to update the landscaping as it was now kind of tired looking. 222 -3- Planning Commission Minutes October 12, 2010 Chairman Alderson asked about loudspeaker systems announcements and the potential of disturbing nearby residences. Mr. Hastings replied they only had an internal paging system and no outside loudspeakers. The internal paging system would be completely enclosed within the structure. There being no further questions of staff, or comments from the applicant, Chairman Alderson asked if there was any public comment. There being none, Chairman Alderson opened the matter for Commission discussion and closed the public hearing. Commissioner Quill was concerned about the turf removal and did not want to leave it as a voluntary decision for the applicant. He commented on what could happen if this matter was left as voluntary. Staff responded the applicant was committed to the turf removal and desertscape, but if it was the Commission's wish, they could add a condition to identify a drought -tolerant landscaping approach. General discussion followed on landscaping; not only for Garff, but the City's plans for landscaping the two other dealerships as well. Commissioner Barrows referred to condition of approval no. 66 but suggested an additional condition be added to address Commissioner Quill's concerns about the drought -tolerant landscaping. Chairman Alderson asked if there would be adequate parking with the addition of two more buildings. Staff responded a parking analysis was done and they were still overparked. General discussion followed regarding the size of the new site versus the old. Commissioner Barrows asked if they would be marketing electric vehicles and have a plug-in station at this facility. Chairman Alderson re -opened the public hearing to allow the applicant's representative to respond. .L. 223 Planning Commission Minutes October 12, 2010 Mr. Hastings said yes, the sales of electric vehicles would be coming and they would have a plug-in station. He also added that they had no problems with the addition of the drought -tolerant landscaping condition. Chairman Alderson then closed the public hearing. There being no further questions or discussion, it was moved and seconded by Commissioners Quill/Barrows to adopt Resolution 2010- 020 recommending approval of Site Development Permit 2010-915 as staff conditioned, including the recommendations of ALRC, as well as amending condition no. 54 to read as follows: The applicant shall modify the landscape along the project perimeter; Auto Centre Drive and La Quinta Drive. The modified landscape perimeters shall remove as much turf as is feasible and convert those areas to a desert landscape design to be approved by the Planning Director. The modifications to the perimeter areas shall coincide with the approved landscape improvements along Highway 111. AYES: Commissioners Barrows, Quill, and Chairman Alderson. NOES: None ABSENT: Commissioners Weber and Wilkinson ABSTAIN: None VI. BUSINESS ITEMS: Commissioner Wilkinson re -joined the meeting. A. Project Area No. 2 Amendment, a request by City of La Quinta - Redevelopment Agency for consideration of a report and recommendation on the adoption of the proposed Fifth Amendment to the Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2, located generally east of Washington Street between Hidden River Road and Mountain View Road. Economic Development Project Manager Deborah Powell presented the staff report, a copy of which is on file in the Planning Department. Ms. Powell also referred to a memo, given to the Commission, which addressed a correction on Page 14, Section (612) G3; stating there was an incorrect number of dwelling units. The number should be 5,935. A copy of the memo is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. ....;j 224 -s- Planning Commission Minutes October 12, 2010 There being no other Commissioner questions, Chairman Alderson asked if the combined numbers for both of these units, added to what was already in existence, would take the City to a little over 1,507 units overall. Ms. Powell responded that was correct. There being no further questions of the staff, and the City being the applicant Chairman Alderson asked if there was any public comment. There being none, Chairman Alderson opened the matter for Commission discussion and closed the public hearing. There being no further questions or discussion, it was moved and seconded by Commissioners Barrows/Quill to adopt Resolution 2010- 021 recommending approval of the report and recommendation on the adoption of the Proposed Fifth Amendment to the Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2 Amendment as submitted and including the correction, as identified by staff in Section G3. AYES: Commissioners Barrows, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: Commissioner Weber. ABSTAIN: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None Vill. COMMISSIONER ITEMS: A. Report on City Council Meeting of October 5, 2010, presented by Commissioner Quill. B. Chairman Alderson noted Commissioner Weber was scheduled to report back on the October 19, 2010, Council meeting. C. Commissioner Quill brought up the subject of the lack of sidewalks on Highway 111 and mentioned he meant to draft a letter which he hoped the Commissioners would all sign. Staff added the subject would be discussed at the November 9, 2010, Joint Meeting. However, if the Commissioners wished to discuss it at length it would have to be placed on the agenda of a future meeting. 225 Planning Commission Minutes October 12, 2010 General discussion followed regarding which area was affected, what could be done to improve the situation, and the fact that the Council had stated it would be discussed at the Joint Meeting. IX: DIRECTOR ITEMS: A. Director commented on the suggestions, submitted by the Commissioners, for the Joint Council Meeting scheduled for November 9, 2010. General discussion followed, with the Commissioners agreeing on the following three topics to be discussed at the Joint Meeting: • Pedestrian linkages • The Whitewater Channel Trail • Water conservation/efficient landscaping X. ADJOURNMENT: There being no further business, it was moved by Commissioners Quill/Wilkinson to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on October 26, 2010. This regular meeting was adjourned at 8:24 p.m. on October 12, 2010. Respectfully submitted, Cro Carolyn alker, Executive Secretary City of La Quinta, California 226 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 November 9, 2010 CALL TO ORDER 7:02 P.M. A. A regular meeting of the La Quinta Planning Commission was called to order at 7:02 p.m. by Chairman Alderson. PRESENT: Commissioners Barrows, Quill, Weber, Wilkinson, and Chairman Alderson. ABSENT: None STAFF PRESENT: Planning Manager David Sawyer, City Attorney Kathy Jenson, Assistant Planner Yvonne Franco, and Executive Secretary Carolyn Walker. IL PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: There being no further comments, or suggestions, it was moved by Commissioners Quill/Wilkinson to approve the minutes of October 12, 2010 as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Site Development Permit 2010-916; a request by Michael Andersen for consideration of a Site Development Permit for the construction of a 5,309 square foot private fitness center within the Tradition Golf Club on 5.69 acres located at the north end of the existing golf club parking lot between Entry Drive and Citation Court along Peerless Place. .a.. (' 227 Planning Commission Minutes November 9, 2010 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. Chairman Alderson had a concern about the parking and asked if the applicant had experienced any history of parking problems. Planning Manager Sawyer noted that staff conducted a parking study and found the parking area was under-utilized and that was the basis for the recommendation. General discussion followed regarding the definition of a golf cart and the use of NEV's (neighborhood electric vehicles). Commissioner Barrows expressed her concern over the choice of (Pennisetum Setaceum 'Cupreum') and the invasive qualities of fountain grass, in general. She suggested another type of grass be used, such as Muhlenbergia rigens (a local deer grass) to replace the Pennisetum. Discussion followed regarding the invasiveness of fountain grass and the submittal of future landscape plans. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to speak. Mr. John W. Hopkins, from Traditions Golf Club, 52-620 Del Gato Drive, La Quinta CA, introduced himself and offered to answer any questions the Commissioners might have. Commissioner Weber commented on the Architecture and Landscaping Review Committee's (ALRC) concerns about the varieties of palm trees and asked if the applicant's intent was to match the existing palm trees. Mr. Hopkins said that was correct. He said they had directed their landscape architect to save as many of the existing trees as possible and any new trees would have to match the remaining trees as closely as possible. 8 -2- Planning Commission Minutes November 9, 2010 Commissioner Weber noted the ALRC's comments on the proposed plant list being excessive. Mr. Hopkins explained he had a very difficult time understanding those comments and explained why this particular plant palette was chosen. He also said if there was some specific reason, such as the invasiveness of a type of grass, they would be willing to take a look at changing it. However, it did not seem logical to make changes because one Committee Member thought there were too many plant materials. Commissioner Barrows expressed her concerns about water conservation and the City's efforts to reduce turf. She noted this site had more turf than seemed necessary. Discussion followed regarding the amount and placement of turf and areas of possible reduction. 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. Positive comments followed on the aesthetics of the project After a tentative motion was made, Commissioner Barrows suggested the Commission encourage the applicant, to the extent possible, to reduce the amount of turf and take into account the issue of the invasive plant material. General discussion followed regarding possible wording of the motion with regards to less -invasive plant materials. Chairman Alderson re -opened the public comment portion of the meeting to allow response to the comments. Mr. Hopkins said he would need some evidence that the Pennisetum was invasive. .....0 , 2 2 9 -3- Planning Commission Minutes November 9, 2010 Mr. Art Gardner, Essi Engineering, 78-080 Calle Amigo, Suite 102, La Quinta CA — introduced himself (acting on behalf of the client) and commented on the amount of turf. He said the entire area, except for the portion that was covered by asphalt, was currently turf. The project would include an overall 45-50% reduction of turf. Commissioner Barrows commented that the area is currently a turfed, open space. Mr. Gardner responded it currently contains trees with a planter area, at the corner, and the remainder in grass. This project would create an overall reduction with more planter area and controlled irrigation than at present. Commissioner Quill commented on his concerns about turf up against sidewalks and curbs and the possibility of overspray. He suggested it would be beneficial if the applicant could do something to keep the sprinklers 18 inches off the curb; thereby eliminating water running into the parking lot, and reduce a small quantity of turf. General discussion followed regarding the size of the decomposed granite border, next to the curb, which staff stated was 24-inches. Chairman Alderson asked the applicant about the amount of water being used by the fountain at the front entry and the one at the front corner. Staff responded the fountain at the back end of the building was a decorative (waterless) feature. There being no further public comment, Chairman Alderson opened the matter for Commission discussion and closed the public hearing. There being no further questions or discussion, it was moved and seconded by Commissioners Quill/Wilkinson to adopt Resolution 2010- 022 recommending approval of Site Development Permit 2010-916 as submitted, with the recommendation that the applicant be encouraged to use a less -invasive species of plant material such as Muhlenbergia rigens, instead of the Pennisetum Setaceum listed. AYES: Commissioners Quill, Weber, Wilkinson, and Chairman Alderson. NOES: Commissioner Barrows. ABSENT: None. ABSTAIN: None. w.a:0 230 Planning Commission Minutes November 9, 2010 VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. Vill. COMMISSIONER ITEMS: A. Report of the City Council Meeting of October 19, 2010 presented by Chairman Alderson. B. Report of the City Council Meeting of November 2, 2010 presented by Chairman Alderson. C. Chairman Alderson noted he was scheduled to report back on the November 16, 2010, Council meeting. D. Commissioner Quill then had a question in reference to the Joint Meeting and the Council's statement that they would take up the issue of the adoption of the Non -Motorized Transportation Plan at the recommendation of the Planning Commission. He asked if that item had to be agendized or could the Commission make the recommendation at this meeting. General discussion followed regarding: • Placing this item on a future agenda. • Allowing staff to look further into the matter since they were currently working on a feasibility study for the trail portion within the City of La Quinta. • The Planning Commission's options, as noted by the City Attorney. • Inclusion of the Non -Motorized Transportation Plan (NMTP) regulations into the General Plan Update, and the steps necessary to make sure they were compatible • Whether a General Plan Amendment was necessary. • The need to adopt the NMTP as soon as possible. IX: DIRECTOR ITEMS: A. Planning Manager David Sawyer introduced the subject of the Holiday Meeting Schedule. 231 -5- Planning Commission Minutes November 9, 2010 After discussion, it was decided the Planning Commission would go dark for the meeting of December 28, 2010. However, if items needed to be scheduled before the end of the year, the Planning Commission would hold the December 28" meeting. X. ADJOURNMENT: There being no further business, it was moved by Commissioners Barrows/Wilkinson to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on November 23, 2010. This regular meeting was adjourned at 7:43 p.m. on November 9, 2010. Respectfully submitted, Carolynxecutive Secretary City of La Quinta, California n.p ..: 232 Q REPORTS/INFORMATIONAL ITEM: /9 MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held in the Study Session Room at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA August 19, 2010 This meeting of the Historic Preservation Commission was called to order at 3:04 p.m. by Chairperson Redmon. CALL TO ORDER A. Pledge of Allegiance B. Roll Call Present: Commissioners Maria Puente, Allan Wilbur, Robert Wright, and Chairperson Peggy Redmon. Absent: Commissioner Archie Sharp Staff Present: Planning Manager David Sawyer, Assistant Planner Yvonne Franco, Executive Administrative Assistant Lori Lafond, and Secretary Monika Radeva C. Election of Chair and Vice -Chair It was moved and seconded by Commissioners Redmon/Wilbur to elect Commissioner Wright as Chairperson. AYES: Commissioners Puente, Redmon, Wilbur, and Wright. NOES: None. ABSENT: Commissioner Sharp. ABSTAIN: None. It was moved and seconded by Commissioners Wilbur/Redmon to table the election of the Vice -Chair position until the next regularly scheduled meeting of the Historic Preservation Commission on September 16, 2010. AYES: Commissioners Puente, Redmon, Wilbur, and Chairperson Wright. NOES: None. ABSENT: Commissioner Sharp. ABSTAIN: None. II. PUBLIC COMMENT: None. ,)33 Historic Preservation Commission August 19, 2010 III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: It was moved and seconded by Commissioners Redmon/Wilbur to approve the minutes of April 15, 2010, as submitted. AYES: Commissioners Puente, Redmon, Wilbur, and Chairperson Wright. NOES: None. ABSENT: Commissioner Sharp. ABSTAIN: None. V. BUSINESS ITEMS: A. CLG Grant Update: Planning Manager David Sawyer said the City of La Quinta's CLG Grant Application was not approved. He explained the State had received 19 applications and had only 14 grants available. He noted the majority of the grants were given to cities with actual construction rehabilitation projects in process, while the City of La Quinta had proposed an administrative project of digitizing the Historic Resources Survey records. Staff said the City would apply for the CLG Grant again next year. Chairperson Wright suggested staff should refine the CLG Grant Application for the upcoming year in order to stand a better chance of obtaining the grant. Planning Manager Sawyer said staff felt that the application, as submitted, was very well put together. He said the Planning staff would begin digitizing the records even though the City did not receive the grant. He noted staff was looking for help with the completion of the Context Statement which required a historic professional with credentials which the Planning Department does not have on staff. Staff said there would be a discussion in the future regarding the possibility of submitting two separate applications for the CLG Grant and independently targeting the curation project with one of them. Commissioner Redmon asked what help in particular was staff looking for with updating the Context Statement. Staff replied it needed to be more in depth technically. Discussion followed regarding those who contributed to the project and the scope of work it involved. Staff - 2 Historic Preservation Commission August 19, 2010 noted the Context Statement was never adopted by the City Council and it was an important component of the City's Historic Preservation plan. B. Tour Brochure Update Planning Manager Sawyer said staff had met with representatives from the La Quinta Historical Society to go over the design of the Tour Brochure; as well as obtaining their approval for the use of historic images of the City for the Brochure. Staff had also given them an update on other events the Historic Preservation Commission had been involved in. Discussion followed regarding some ideas suggested during the meeting. Staff noted the representatives of the La Quinta Historical Society were very cooperative and willing to share their resources with the City and to work together with the Commission on different projects. C. Recap of California Preservation Conference — Grass Valley/Nevada City, California — May 12-15, 2010. Planning Manager Sawyer thanked the Commissioners for sharing their comments on the California Preservation Conference with staff. He said the Commission has been Conference which is scheduled to May 15 — 18, 2011 . authorized to attend next year's be held in Santa Monica, CA, on Commissioner Puente asked if staff had received her comments and materials she had brought back from the Conference. Staff confirmed that they were received. Commissioner Redmon asked if anything had been discussed regarding the travel arrangements for next year's Conference. She suggested the Commissioners take the train from Riverside to Santa Monica. She said it would be more economical than having everyone drive to Santa Monica and on the way there and back on the train the Commissioners could discuss and share their experiences. Staff said they would look into it and provide more information to the Commission at a later time. 231� - 3 - Historic Preservation Commission August 19, 2010 Chairperson Wright said he was really looking forward to attending the Historic Preservation Conference in Santa Monica next year. He said he had been on a Conference there before, a couple of years ago, and noted there was a lot to see in that area in terms of historic preservation. He said Santa Monica and Pasadena were the leaders in the historic registration of properties and the Commission could learn a lot from this Conference. He said he found the train suggestion to be a good idea and recommended the Commissioners car pool to the train station in Riverside. VI. CORRESPONDENCE AND WRITTEN MATERIAL: Planning Manager Sawyer said the Coachella Valley Archeological Society had scheduled their annual potluck for Tuesday, September 7, 2010, at 6:30 p.m. at the Cathedral City Community Center. No RSVP was required if the Commissioners chose to attend the event. VII. COMMISSIONER ITEMS: Commissioner Redmon wanted to remind her fellow Commissioners, who had to re -take the AB 1234 Ethics Training class before October 1, 2010, that the training was now available on-line as well, in case they were not able to attend the classes offered at La Quinta City Hall. Chairperson Wright asked how often the training needed to be renewed. Planning Manager Sawyer said he thought the training had to be renewed every two years, but he would like to verify that information and get back to the Commissioners. Commissioner Redmon said the New Commissioners' Handbook was stated the training was valid for two years. VIII. PLANNING STAFF ITEMS: A. Discussion regarding Work Program for Fiscal Year 2010-2011. Planning Manager Sawyer passed out a summary of the key work program items the Commission and staff were scheduled to work on during the current budget cycle (Fiscal Year 2010 — 2011). The list included: m - 4 - Historic Preservation Commission August 19, 2010 - Historic Tour Brochure - Using Curation as a separate project to the CLG Grant Application - Historic Context Survey - Digitization of Historic Surveys - Historic Register Planning Manager Sawyer said the above stated projects were very labor intensive. He said he had asked Assistant Planner Yvonne Franco to sit in the HPC Meetings in order to get her more involved with some of the on- going projects. He said Associate Planner Jay Wuu would be helping with the digitization of the Historic Survey. He noted staff would work on the above stated work program items as their time allowed, but would not be put in the forefront and would give way to immediate projects and daily duties. Staff said the last work program item, Historic Register, required a lot of communication and help from the La Quinta Historical Society Chairman Wright talked about the formation of the La Quinta Historical Society and its prior Board Members which included, Councilman Stan Sniff, Councilwoman Terry Henderson, Commissioner Maria Puente, himself, and others. He said at the time the Historic Preservation Commission was formed back in 1994, the Historical Society and the Historic Preservation Commission were pretty much one and the same, and he would like to encourage a good working relationship between the two organizations again. He suggested inviting the Historical Society Board Members to attend the Commission's meetings and the other way around as well. Staff said they would look into the Board's meeting schedule and try to coordinate some meetings between the two organizations. Chairman Wright asked staff to find out when the monthly "Open House" at the La Quinta Museum was scheduled for, and said that would be a great opportunity for the Commission to take time to attend, promote the historic preservation of the City, and get in touch with the Historical Society Members. Commissioner Redmon asked if there was anything that would preclude the City from being able to go to the private sector for donations for curation project. Staff said they would look into it. 231 - 5 - Historic Preservation Commission August 19, 2010 IX. ADJOURNMENT: Sul Mo Secretary There being no further business, it was moved and seconded by Commissioners Redmon/Wilbur to adjourn this Meeting of the Historic Preservation Commission to the next Meeting to be held on September 16, 2010. This meeting of the Historic Preservation Commission was adjourned on August 19, 2010, at 3:34 p.m. AYES: Commissioners Puente, Redmon, Wilbur, and Chairperson Wright. NOES: None. ABSENT: Commissioner Sharp. ABSTAIN: None. 238 - 6 - REPORT/INFORMATIONAL ITEM: _C9-0 INVESTMENT ADVISORY BOARD MEETING November 10, 2010 CALL TO ORDER A regular meeting of the Investment Advisory Board was called to order at 4:00 p.m. by Chairman Park followed by the Pledge of Allegiance. PRESENT: Board Members Mortenson, Park, Spirtos and Rassi ABSENT: Board Member Blum STAFF PRESENT: John Falconer, Finance Director and Vianka Orrantia, Senior Secretary If. PUBLIC COMMENT - III. CONFIRMATION OF AGENDA - Confirmed IV. CONSENT CALENDAR A. Approval of Minutes of Meeting on October 13, 2010 for the Investment Advisory Board Board Member Mortenson requested that the following correction be made to page 2, tenth paragraph; In response to Board Member Mortenson, Mr. Falconer advised that due to the fact that the policy states that the maximum maturity can only be extended HE three to five years, [... I MOTION — It was moved by Board Members Spirtos/Mortenson to approve the minutes of October 13, 2010 as amended. Motion carried unanimously. V. BUSINESS SESSION A. Transmittal of Treasury Report for September 2010 Mr.. Falconer presented and reviewed the staff report for the month of September, advising the Board that the portfolio decreased by $12.18 •• 239 million ending the month at $151.34 million. The decrease in the portfolio was due to the following: the semi annual debt service payment of $1 1.2 million, the Capital Improvement payments of $1.29 million, and the notable payments for the Adams Street Bridge at $374,000, the Cove Fire Station at $287,000 and the Laguna de la Paz Sound wall at $154,000. Mr. Falconer further advised that page 7 reflects the reinvestment of a $10 million T-Bill with the new rate at .19% and the old rate .18%, and a slight increase in the portfolio yield at .55% and previous year's yield at .53%. In response to Board Member Mortenson, Mr. Falconer advised that page 4 VI. Correspondence and Written Material, Item A., reflects the current yields (i.e. three month, six month, etc...). Further discussion ensued amongst the Board and staff in reference to the possibility of extending the yield curve out further. In response to Board Member Spirtos, Mr. Falconer advised that on page 3 "Cash Balances," the payments listed are recurring payments and not final payments. He further advised that the payments represent eight to ten bond issues with two assessments districts due to mature in approximately five years. Mr. Falconer advised the Board that Ambac who insured several of the RDA bond issues declared bankruptcy. Due to the current status of Ambac, the City will be preparing the annual disclosures to the appropriate regulatory agencies, which is part of the City's due diligence. This item will be presented to the City Council the second meeting of December. General discussion ensued amongst the Board and staff regarding Ambac and their current lawsuit against the Internal Revenue Service. MOTION — It was moved Board Members Mortenson/Spirtos to review, receive, and file the Treasurers Report for September 2010. Motion carried unanimously. VI. CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report — October 2010 Mr. Falconer presented and reviewed the Month -End Cash Report advising the Board of several transactions reflected on page 2 for the 210 2 month of October. One of the transactions involves transferring available monies into LAIF. Mr. Falconer summarized for the Board the process of the investments and specific transactions. In addition, he advised the Board that due to the reduced amount of cash in the portfolio in the month of October, the November Treasurers Report will possibly reflect over 10% being held in medium term notes. In response to Board Member Spirtos, Mr. Falconer advised that the "Notes" column on page 12 stated that the gas tax was not received, due to the states budget crisis and will be remitted later in the year. Noted and Filed B. Pooled Money Investment Board Reports - August 2010 and LAIF Conference Materials Mr. Falconer advised that LAIF's current portfolio balance is $4 billion more than it was in the previous year with the average life remaining the same and the yields half of what they were. Mr. Falconer commented that it appears that the state is currently investing more in U.S. Treasury Securities at this time. General discussion ensued amongst the Board and staff regarding the LAIF Conference and conference materials. Noted and Filed VII. BOARD MEMBER ITEMS - None Vill. ADJOURNMENT It was moved by Board Members Mortenson/Spirtos to adjourn the Investment Advisory Board meeting at 4:49 p.m. Motion carried unanimously. Senior Secretary •. 241 3 Department Report: I —A OF Tt� TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager, Management Services DATE: December 21, 2010 SUBJECT: Department Report - Response to Public Comment The following public comments were made at the December 7, 2010 City Council meeting: 1. Mark Moran, PO Box 1305, La Quinta, reported the light fixtures at the bus stop located in front of the La Quinta Commercial Center have been vandalized. He stated has been personally sited by Code Compliance for not having working lights at the Center. He inquired about having lights that are vandal -proof, requested staff's help to remedy the situation, and asked for the citation to be removed from his record. Mayor Adolph responded he will direct staff to look into vandalism proof lighting ballasts. Building and Safety staff researched this matter, and in fact, no citations have been issued with regards to this case, only courtesy notices and letters. Several days prior to the meeting, Mr. Moran requested and received a 30 day extension to address the missing lighting. Staff will provide Mr. Moran with the current standards for lighting fixtures along Highway 111 and review any proposed substitutions for the vandalized fixtures. In the unlikely event that it becomes necessary to issue a citation in conjunction with this case, it will be issued to the property owner as requested by Mr. Moran during his comments. ?42 2. Mark Weber, 78-795 Wakefield Circle, La Quinta introduced Boy Scout Troop 377 Bermuda Dunes. He explained the boys are working on their citizenship merit badges and are attending the La Quinta City Council meeting to meet the requirement. ?43 Department Report: / B �a 2 TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager — Management Services Aa'//r DATE: December 21, 2010 RE: Department Report — Grant Update The following is an update of various grants for which City staff has received funding, as well as updates on existing grants. During calendar year 2010, the City was awarded $169,373 in grant funds. Grants Applied for and/or Awarded in 2010 Energy Efficiency and Conservation Block Grant (EECBG) On August 28, 2009, the City was awarded $180,700 in EECBG Formula Grant funding through the American Reinvestment and Recovery Act of 2009. This cost reimbursement funding will be used to fund energy efficiency retrofit measures for municipal buildings. To date, the City has been reimbursed $39,218 for a new air conditioning unit for the computer room, occupancy light sensors, lake transfer pumps, PC power management software, and a geo-thermal feasibility study. These measures will support the City's existing Green and Sustainable La Quinta Program intended to reduce energy consumption and green house gas emissions and comply with future legislative mandates in GHG emission reduction levels. Indian Gaming Special Distribution Fund (SB 855) This trailer bill was included in California State budget which passed in October 2010 and includes a number of technical provisions dealing with the state's public resources. It is important to note that this bill was an urgency ME, measure which means it took effect immediately. Among the issues within this trailer bill of interest to cities are $30 million dollars in appropriations from the Special Distribution Fund to mitigate impact of Indian gaming on local governments, specifically for the Augustine Band of Cahuilla Indians. However, this funding has not been allocated at this time. Edward Byrne Memorial Justice Assistance Grant (JAG) The City was also eligible to receive JAG grant funds in the amount of $18,589 for Fiscal Year 2010-2011. Council approved submission of grant application to request funding for the purchase of new alcohol screening units to replace the oldest devices; traffic services enclosed trailer to mobilize the Traffic Services Team for fatal collision investigations, checkpoints, and special events; a forensic phone kit which downloads all data on a cell phone kit to retrieve evidentiary information; an additional Segway to mobilize the entire Special Enforcement Team; and additional equipment and supplies to maintain the various technological tools. Grant award notification was received in August 2010. Items purchased thus far include a forensic phone kit and four alcohol screening kits. State of California Office of Traffic Safety (OTS) Staff applied for a Sobriety Checkpoint mini -grant program to fund two sobriety checkpoints for the periods of December 17, 2010 to January 3, 2011 and August 19, 2011 to September 5, 2011. The City was awarded $25,194 on October 2010. Staff also applied for a 2011 Next Generation Click it Or Ticket Mini -Grant program for increased seat belt use statewide for the period of November 15, 2010 through June 6, 2011. The City was notified the proposal was not selected for the Fiscal Year 2011 funding cycle. Clean Transportation Funding from the Mobile Source Air Pollution Reduction Review Committee (MSRC) In May 2007, the City applied for $100,000 to be used for street sweeping operations and was awarded the grant in September 2007. The final payments of $33,871 were received in 2010. Federal Emergency Management Agency (FEMA) FEMA's mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all 245 hazards. In January 2010, the City was awarded $15,758 for Emergency Preparedness. This funding was used to pay for the CodeRED Emergency Notification System —which is an ultra high-speed telephone communication service for emergency notifications. This system allows City staff to telephone all or targeted areas of the City in case of an emergency situation that requires immediate action (such as a boil water notice, missing child, or evacuation notices). Riverside County Transportation Commission (RCTC) There has been no call for projects at RCTC since the American Recovery and Reinvestment Act (ARRA) call for projects in early 2010. The city did not apply for an ARRA grant due to the requirements that the project be a federalized, shovel ready project. By shovel ready the project would have had to be through environmental review and ready for construction within 90 days of award of the grant. The city did not have a project that fit these requirements. City staff will keep the City Council posted if another call for transportation projects is announced for which the City might submit projects. County of Riverside — Coachella Valley Air Quality Enhancement The Colmac Air Quality Enhancement Fund was established through conditions of a settlement agreement resolving litigation between Colmac Energy, Inc. and Riverside County over construction of a biomass energy plant near the unincorporated community of Mecca. In March 2010, the City received $50,000 (Fiscal Year 2008-2009 grant period) to help enhance air quality by replacing turf lawns with desert landscaping thus eliminating seeding which is a major contributor to Particulate Matter (PM10). Staff has worked with Coachella Valley Water District to increase the incentives to encourage more participation. In September 2009, City staff applied for a $50,000 (Fiscal Year 2009-2010 grant period) grant to help enhance air quality by replacing turf lawns with desert landscaping thus eliminating seeding which is a major contributor to PM 10. This grant funding will expand the landscape conversion program. However, the County has reduced the amount of the award to $12,500. Once the County provides the fully executable grant agreement, City staff may request reimbursement for program expenses up to $12,500. 246 Department of Conservation The California Department of Conservation provided $10.5 million in funding through their City/County Payment Program beverage container recycling and litter cleanup projects for 2009-20010. Although the City was awarded $11,154, the State awarded a reduced amount of $5,332, which was received in June 2010. Funding will be used to purchase trash containers made of recycled materials. Coachella Valley Association of Governments (CVAG) In December 2009, the City was awarded Congestion Mitigation and Air Quality (CMAQ) Safe, Affordable, Flexible, Efficient, Transportation, Efficient, Transportation Equity Act : A Legacy for Users (SAFETEA-LU) funding for three out of five projects submitted: 1) Eisenhower Synchronization ($309,812); 2) Adams/Miles/Dune Palms Synchronization ($354,120); and 3) Madison/Avenue 54 Traffic Signal ($327,689). Information noted above was received after the preparation of the grant report for 2009. Grants Applied for in 2010 but not funded: State Office of Historic Preservation (OHP) On April 20, 2010, City staff applied for funding through OHP for consolidating and digitizing the Historic Resource Surveys and updating the Historic Context Statement. The amount requested in the grant proposal was $13,650 for professional consultant fees. This grant required a 40% in - kind match of $9,350 which is staff time spent on the project and does not have a direct fiscal impact on the City. Total project cost was estimated at $23,000. Although the grant application was not successful, staff continues to look at ways to accomplish portions of the digitizing request through the utilization of in-house staff. Staff's intention is to apply for future grant funding in 2011. State of California Office of Traffic Safety (OTS) Staff also applied for a 2011 Next Generation Click it Or Ticket Mini -Grant program for increased seat belt use statewide for the period of November 15, 2010 through June 6, 2011. The City was notified the proposal was not selected for the Fiscal Year 2011 funding cycle. This listing does not include subvention funds and other funds that the City automatically receives from the Federal, State, County governments and periodic �v,v . 20 1 grants the Police Department applies for and administers on behalf of the City. Examples of this type of revenue include California Traffic Congestion Relief Funds (AB 2928), California Law Enforcement Equipment Program funds, various law enforcement funds, Community Development Block Grant funds, COPS funds, and various transportation -related funds. ,,..:� 243 Department Report: `eit'r44Qumrw MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Assistan ity Manager — Development Services DATE: December 21, 2010 SUBJECT: Quarterly Marketing Report Per the City's contract with Furino/Greene Creative, the second Quarterly Marketing Report for Fiscal Year 2010-201 1 is attached. 249 MARKETING PLAN Second Quarter Report for Fiscal Year 2010-2011 Implemented by Furino/Greene Creative, Inc. Local Advertising Campaign: A local Advertising Campaign promoting holiday shopping (through December 25) and monthly events began in mid -December. After the holidays, the local Campaign will continue with dine/shop/play and event messages through the end of the Fiscal Year. • Print Ads: Desert Sun, La Quinta Sun, and Desert Entertainer (Attachment 1). Radio: Radio spots with changeable tags on KPSI-FM (Mix 100.5), KDES- FM, KJJZ-FM (Smooth Jazz), KPLM-FM (Big 106 Country), KDGL-FM Classic Rock (The Eagle), KNWZ (AM -FM) News -Talk, and KEZN-FM (EZ- 103). Extra value includes sponsorship of news/traffic reports, website links, bonus spots, and live remotes (Attachment 2). Internet Pay -Per -Click Campaign/Local: A new campaign was implemented on October 1, using pay -per -click marketing that targets Coachella Valley Internet users using key search words, such as Dining and Shopping, to drive more traffic to the Tourism Website and promote La Quinta restaurants, stores, events, and recreation. Regional Advertising Campaign: Internet Pay -Per -Click Campaign/Regional: A new pay -per -click campaign was initiated on November 1, targeting Adults in the main drive-in markets of Los Angeles, Orange County and San Diego. The keywords center on Lodging/Hotels, Dining, Shopping, Play (Golf, Hiking, Biking) and the large- scale events by type and name. ?50 3 • Facebook "Fan Page": The La Quinta California Facebook Fan Page now has over 1,200 "fans" and is continually updated to promote La Quinta businesses and happenings. A number of great comments are posted regularly by fans. It has proved to be an excellent interactive promotional tool. This quarter, a new program through Facebook has been instituted to garner more fans to the Fan Page. The program demographics are Adults in California, who like Travel, Travel to warm places, Dining, Shopping, Golf, Hiking/Biking, and who are NOT currently Fans (Attachment 3). Print Advertising/Regional (Attachment 4): - Sunset Magazine Ad: Designed and placed ads in Sunset Magazine (January and February 2011), a regional advertising strategy which allows the City to break into market segments in Southern California and the West Coast. - Alaska Airlines Magazine Ad: Designed a "Dining Destination" ad to run on the Palm Springs Area Co-op pages in this monthly publication, from December 2010 through April 2011. Cooperative Program for City Businesses: Furino/Greene continued with meetings and also distributed personalized letters (with advertising opportunities) to all previous partners and several new prospective partners. Thus far, the businesses that have opted in on co-op advertising with the City this Fiscal Year are Embassy Suites La Quinta, Las Casuelas Quinta, Okura Robata Grill & Sushi Bar, Old Town La Quinta, and Rockin' Baja Coastal Cantina. To date, co-op ads include (Attachment5): • Bob Hope Classic Program Ad • HITS Horseshow Program Ad • Airport Display Ad (baggage claim area) Tourism Marketing: Play[ nLaQuinta.com Website: Events, as well as the shopping/dining map, continue to be updated. Revamping the website has been initiated, as well, 251 4 to make it more user-friendly and to better showcase La Quinta's stunning photography and key events. In addition, discussions regarding the direction of the "iPhone App" are progressing as this project works in conjunction with the new website design. • Bob Hope Classic Program/Advertorial: Designed and wrote the 4-page Advertorial in the Bob Hope Classic Program, promoting the City, its hotels and resort amenities, and shopping/dining opportunities (Attachment 6). • Area Events Brochure: The City's Events Brochure was updated and is currently being distributed through the Certified Folder Display Service program to over 160 outlets in the Coachella Valley, including hotels, visitor centers, car rental offices, and more (Attachment 7). Public Relations: Individual PR efforts included "pitching" the upcoming Dinosaurs exhibit to Palm Springs Life for future coverage, and submitting La Quinta shopping/dining highlights to the media for consideration during their holiday stories. Wrote, edited, and distributed press releases and provided follow-up to secure coverage of the following topics (Attachment 8): • September/October Events • Fire Station Dedication • Portal of Poppies Dedication • An Evening with the Stars • Annual Health Fair • 15} Friday and Carnival • November Events • Christmas Tree Lighting Ceremony • December Events Marketing & Communication to Residents: Fall Newsletter: Wrote, designed, and coordinated mailing of first installment of the City's bi-annual printed newsletter to City residents. Message and article themes included: Economy, healthy living, SilverRock, General Plan update, events, and CIP projects (Attachment 9). • 2011 Calendar/New Photography: The 2011 City Calendar is complete, and was mailed in early December showcasing the new Photography of City amenities. The calendar theme is "La Quinta Landmarks & Icons" (Attachment 10 -cover only). 11 ? j 2 5 !Y� 4 } D ATTACHMENT 1 O O O o W ' o 1 — GEM of the DESERT -- i ,y/y ¢may Wrap �J La�A/G�YG�i6�7p This .Holiday Season! . d A. h I 1` f n a `A Shop national retail stores and one-of-o-kind boutiques Fabulous dining and happy hour specials High quality Golf merchandise and gift certificates at SilverRock Traveling exhibits at the La Quinta Museum (See them by December 31 before they're gone) 2 Farmers Market at Old Town La Quinta every Sunday Stroll around the City's festive Christmas Tree at Old Town La Quints �uf 253 6 ,-� Visit PlanylnLaQuinlaA.com (.. ATTACHN ENT 2 CLIIENT: City of La Quinta JOB: Generic Spot #2 w/ Tag :60 REVISE: #2 DATE: December 13, 2010 JOB #: 1000LQ4215 (2 VOICES: ANNCR W/ WALTER WINCHELL STYLE READ & PRODUCER) (SFX: OPENING "NEWS REEL FANFARE" MUSIC). ANNCR: (FAST READ A LA WALTER WINCHELL, BEGINS TO RUN OUT OF BREATH TOWARDS END). ('35) OK COACHELLA VALLEY, DO YOU KNOW THE LATEST ON LA QUINTA? NO, WELL, WHERE HAVE YOU BEEN?! SET YOUR SIGHTS ON THE PREMIER VALLEY HOT SPOT FOR SHOPPING, DINING, CULTURE, RECREATION AND A LIFESTYLE EXPERIENCE LIKE NO OTHER. THE CITY OF LA QUINTA OFFERS FABULOUS RESTAURANTS, DIVERSE SHOPPING FROM CARS TO BOUTIQUES TO NATIONAL RETAILERS... PLUS, PERSONALIZED SERVICES, WORLD-RENOWNED OUTDOOR EVENTS, GOLFING, HIKING, BIKING, A MUSEUM FILLED WITH TREASURES, AND SO MUCH MORE, ALL IN LA QUINTA, THE GEM OF THE DESERT! AND DON'T PRODUCER: OK, YOU CAN TAKE A BREATH NOW... ANNCR: THANKS FOR REMINDING ME... TAG: DON'T MISS THE AMAZING EXHIBITS AT THE LA QUINTA MUSEUM! WT BARNUM & THE CIRCUS" AND "OLD HOLLYWOOD AND THE DESERT CLUB" THROUGH DECEMBER 31 ST. THE LA QUINTA MUSEUM IS LOCATED AT 7-7-8-8-5 AVENIDA MONTEZUMA, AND ADMISSION IS FREE. MAKE A DAY OF IT AND ATTEND THE FARMERS MARKET ON SUNDAYS AT OLD TOWN LA QUINTA! GET MORE DETAILS ON LA QUINTA FUN AT PLAY-IN-LA-QUINTA-DOT-COM! ANNCR: SO, FOLKS, WHAT WILL YOU BE DOING FIRST IN LA QUINTA? 254 0 CLIENT City of La Quinta DATE: December 13, 2010 JOB: Generic Spot #1 w/ Holiday Tag :60 JOB #: 1000LQ4214 REVISE: #2 (Man / Woman / Tag Anncr) Man: HONEY, WE'VE BEEN WORKING AROUND THE HOUSE FOR A WEEK! CAN WE PLEASE FIND SOMETHING TO DO? Woman: THAT'S THE PROBLEM, THERE'S SO MUCH TO SEE AND DO IN LA QUINTA... I CAN'T DECIDE! Man: MAYBE LUNCH AT A PATIO CAFE AND SHOPPING AT ONE OF YOUR FAVORITE BOUTIQUES IN THE VILLAGE... OR HOW ABOUT GOLF, OR SHOPPING AT THOSE BIG STORES ALONG HIGHWAY 111? WE COULD EVEN TEST DRIVE THE CAR YOU'VE BEEN EYEING AT THAT LA QUINTA DEALERSHIP... Woman: OHHHH, I'VE BEEN DREAMING OF THAT NEW CAR! AND THERE'S THAT WONDERFUL MUSEUM HERE IN LA QUINTA ... I JUST CAN'T DECIDE WHAT TO DO FIRST! Man: WELL, WE COULD TAKE IN THE SCENERY BIKING OR HIKING... GOTTA LOVE THOSE SANTA ROSA MOUNTAINS! Woman: PERFECT! WE'LL GO HIKING BEFORE LUNCH, TEST DRIVE MY CAR THEN SHOP TIL WE DROP... WELL, COME ON... (Hesitates). WHAT ARE YOU WAITING FOR? (SFX: Rustling sound). Man: UH, I CAN'T FIND MY KEYS! ANNCR: LA QUINTA OFFERS EVERYTHING FOR EVERYBODY... FROM FABULOUS SHOPPING AND DINING TO ART, CULTURE, AND RECREATION... WHAT WILL YOU DO FIRST? TAG: Find great gifts for everyone on your list anywhere in La Quinta! Browse national retail favorites on Highway 111 and unique one -of -a -kind boutiques in the La Quinta Village. View a map of La Quinta shops at Play-In-La-Quinta-dot- com! La Quinta, Gem of the Desert! rJJ 8 Wall Info Photos Discussions cvnlru Share: Status Photo Link Video ATTACFMENT 3 Edit Page Promote with an Ad Suggest to Friends La Quinta has something for everyone! Golfing at SilverRock Resort; dining and shopping in the Village area & along Highway 111; biking and hiking in the Santa Rosa mountains! So many reasons to visit The Gem of the Desert! www.playinlaquinta.com Information Location: Hwy ill & Washington La Quinta, CA, 92253 Insights See All 809 Monthly Active Users 13 Daily New Likes 104 Daily Post Views La Quinta California Great mild day to head to La Quinta for shopping o and dining and finishing up all your holiday to-do's! Enjoy and Happy Holidays! Visit the City of La Quinta, California - Near Palm Springs. Dine, Play, Shop, stay! www. playinlaguinta.com The City of La Qumte has something for evewnel There's golfing at the City a spectacular public course, SilverRock Resort; dining and shopping in the quaint Village area or along the Highway 111 commercial corridor; biking along the Bear Creek Trail; and hiking in the Santa Rosa mountains, just t 996 Impressions0.50% Feedback December 7 at 10:43am i__1 Comment' Stare Promote �j Stephanie D'Eustachio Greene, and 4 others like this. Write a comment... La Quints California Rockin' Baja Coastal Cantina Lunch Specials! Warm u06p with our Lobster Corn Chowder combos during lunch starting at $6.99 and include many varitations. Lunch menu is served 7 days a week from 11:30am 4 to 3pm. Kitchen Now Open Late! Our kitchen is now open until 12am Friday and Saturday nights. The bar will be open as long... See More 1,057 Impressions 0.28% Feedback no December 6 at 10:28am E3 Comment Share Stephanie D'Eustachio Greene and 2 others like this. Write a comment. La Quinta California Bundle up and head to the La Quinta Tree Lighting a Ceremony at Old Town, TONIGHT at 6 pm. Festive music, activities and a visit from Santa!! See you there! 1,016 Impressions' 0.30% Feedback 10 La Quints California Come to our Tree Lighting Ceremony this Friday, Dec 3 at 6pm at Old Town. Festive music, activities and a visit from Santa!! See you there! Aft Quinta California Having trouble shopping online? Come visit the 4 many stores, boutiques and national retailers in La Quinta! Click below for our fdirectory and finish up those last minute gifts without the hassle! laquinta_map www.playinlaquinta.com 893 Impressions' 0.22 % Feedback f3 December 2 at 3:23pm E3 Comment Snare r+.omote 0 Daily Post Feedback La Quinta California New Taste Treat - 5 Guys Budgets and Fries opens to acclaim in Plaza La Quinta, corner of Washington and Hwy 111. Five Guy's 06 has been voted the Washingtonian Magazine's "Readers' Choice" #1 Burger every year since 19991 And the name says it all... only burgers and fries (and refreshments too!) Check it out and write your review here! - 1,187 Impressions' 0.34% Feedback December 8 at 11:04am .[D - Comment' Promote 6 Stephanie D'Eustachio Greene and Kathy ]o Hoy like this. Traci Barton-Moniot Totally awesome!!! December 8 at 11:16am M IM Kathy to Hoy Had my first burger this weekend it was FABULOWS 2569 !!! I'm back 3 days later... December Bat 1:22pm a Breathtaking Backdrop... For Your Most Memorable Moments ta Qa4&(v GEM of the DESERT_ � La Quinta is charming and vibrant, with pleasures for everyone! Find , hotels, restaurants,shopping, and x s ecial events'at A ' 10 www.P a inLaQuinta,corn 2571 ATTACHMENT / 19 �l 41p, f a Q ao @ Lo Quinto may be known for great golf, but on array of unique shopping and dining destinations are at your service as you enjoy your stay in this quaint community. To learn more about all the ways to "play" in Lo Quinto as well as a listing of other upcoming events visit www.PlayinLoQuinto.com. t, Get Your Fiesta On! You don't have to leave La Quinto to enjoy authentic Baja -inspired lunch and dinner menus and handcrafted margaritas. • Happy Hour food and drink specials in the bar daily from Spin 6pm and late night, 9pm-Close .l • Live music with Sombre Quien, Wednesdays starting at Spin • Doily food and drink specials Located one block east of Washington St. on Hwy I I I across the parking lot from Kohl's. 78-902 Highway I I I; Lo Quinto (760) 771-4448 www.rockinbaja.com y� c 'I 6•�0 .Y4/'r,� u '1 .i� .. Your Japanese Oasis °K U R in the Desert Explore the fusion of Japanese and Californian )� cuisine at Okura Robota Grill & Sushi Bar! ti- • Enjoy sushi, appetizers, salads, steak, tempura and specialty desserts • Extensire wine and sake list with full bar in elegant Asian flare • Try the 'Ultimate All You Can Eatwhich will fulfill all your desires Unique Shopping & Dining Surrounded by Old World Charm R101 When you're not enjoying great golf at the Classic, ry- slip away to the one -of -a -kind shops and OLDTown n restaurants of Old Town La Quintal Lw Quinte y Browse the latest styles at trendy fashion and home boutigues, and pamper yourself with salon & spa services Stop by the coffee shop and stroll the weekly Certified r • d' Fanners Market on Mom Street, from Earn -1230pm Sip and savor at Old Town restaurants, serving an array j t of fresh fare from salads and steaks to ping and burgers •t e ' Located at the corner of Colle Tompico and •, ( I Desert Club, just west of Washington Street. (760) 777-1770 www.oldtownlaquinta.com Located at Point Happy, at [lie northwest corner of Highway 1 I I & Washington Street. 78-370 Highway 111, Ste. 150; Lo Quinto (760) 564-5820 www.okurasushi.com — a ",— GEM ofthh. DESERT — Visit PlaylnLaQuinto. corn 3 I�+;� P.�If' 4 �. r �� ✓ N. _ Fine GQ mfly Dining A taste of Colon'al Mexico -with co itempomry Cali'crnia in �l imdinonol Las Cosr.alas style. y�! • Inprro Pao,{u Patn a Fi,ap,I 'u C nl t.rl"rYi I d r( }.aa 57cs.1 'four dnpanese ®Dais 77-4W 1,.y 111 (760j 777-7715 ww ,losCowelasQuinta.com in the Desert "F"0 fib. Unique Shopping & Dining Surrounded by Old World Charm 9b uwuy to 1Fs ono-af-u kind ,nops aac roslauron+s of Old Rwt lu Qufrtul Explam Iba fusion u' Japanesa and Coldotnicn cuisine at Okura Robcta Grili & Sushi Bar! •Ferr s;rki, ap Etvcw>;e,:gw-n., Frj. rig mr2 rj ;r.n Mir I U}. for n4'-: i rM'IJfiaoy 4 to liar:=1 rn Sort Hipps, at lie iartbwxst iF y giw,, 113 Yrm:hinVm :-car id.?7Q Hv)hv.v 11 Sta 150, In r0... rm 1760) 56d.5870 w Okurasuxhi.com MMI.106 OLDTown La Qv4t7f'A q Sea 1 sj l `r -� 17601 77 7.1770 wwwOldtownlagvintacorn Visit 'PlcyinLaQuinto.com I ATTACHMENT Return To La Quintal for More fabulously fun Events molding for masons to return to the charming community of Inc Quinta? The City features a number of five-star special ecente taking place all year long. A wealth of cultural events are hosted in La Quints including Art Under the Umbrellas and the natiun- a0y-acclaimed La Quiren Arts Festival happening at the Civic Center Campus every March — pm entcd by the La Quinta Arts Inundation. Ardecs from around the world come to a premier showcase of pottery, oils and camrcolor" sculptures, fine crafts, textiles, photography and other new and unexpected genres by pre-ric t artists. I he Desert Classic Contours L d'lilegance has recently made la Qwnm its homo, drawing over 3,000 guests in February to peruse and discover the magnificence of two hundred ram and exotic automo- bile, [Insted by the la Qwnta Resort, the event also treats guests to five music, fine art and gourmet food samplfug Client: COLQ Date: 11/12/10 • Job: IOCOLQ_4021-BHC_adverfonal_ln2 fa Quinta's active Chamber of Commence offers a variety of fine events, as well. They include a Flot Rod & Custom Car Show in February, and a Taste of In Quintal event m March. Since its grand opening, the La Quint, Muscum has genemtcd excitement around the Valley offering a frill roster of unique exhibits and Surrounded by the majestic Santa Rosa Mountains, La Quinta is an enchanting community that lives up to its legacy of being the Gem of the Desert. special events. Known as one of the City'., top attractions, visitors enjoy everything from releedc to the deetdfyiag. The c hibnt are rotated every few months, so you never see any- thing vice. Many visitors and residents also come to La Qwnm to rnloy the mrm,mus shopping and dicing, oppoetunitiesavailable.Tbe pop- ular ifighway 111 corridor is a must -stop with its dwene mix of nazi onnlly-t per ated and Ie wily -owned stores restaurants, auto dealerships and services 261 14 -a •f The Ctq+s Main Secret is home to Old'Fown La Quinta in the 1, Quanta Village Old Town is a quaint and crer- r` cmpauding diiiinaton with shops, n.stauran Gs, bisvos, art galleries and a weekend Farmers Market in an open air setting. Visitors always remark about the peaceful ` aonosphere of Old'1'own and the charming Spanish - style architectum that echoes back to the days of early California. �p _ 1T �" La Quinta offers an impressue lifestyle cspenence encompassed by art, history, culium, sports and world- F—And the shopping! From the o major national stores that line Highway 111 to the intimate Village area of La Quinta, the array of choices will stagger the imagination. class golfing. Whatever your passion, fulfill it in the § ,}j(/j/p�t}�+�pp City if La Quintal g o m wwwthings to do and ui upcoming _ for a complete listing of things to do and upcoming Mots. , r: a m 262 15 La Quinta's Historic Roots Shape Modern Day Allure... You can visit almost any destination and find a favorite spot for shopping, grabbing a bite, or spending an after- noon of recreation. But how often are you captivated by a community where you find yourself stopping for a moment to enjoy the breathtaking views and old world charme Thet�bram City of La Quinta offers such an esper once, where panoramic vistas are highlighted by soaring palm trees and the stunning backdrop of the Santa Rosa Mountains, masterfully sculpted through time by natures elements. Incorporated in 1981, the "Gem of the De a,r" is the youngest of all the Valley cities. Its very beginning can be traced back to the discovery of gold in Anzona in 1802, when Major William Bradshaw developed the first trial to meander through the Coachella Valley. The eavlution of the famous point happy in La Quanta be- gan as a mere rest stop along the trail for weary pcus- pecmrs passing through each day in their stage coaches and wagon. In 1920, a prominent San Francisco hotelier settled in the area and opened the signature La Quinta Resort & flub — a favored vacation destination for celebrities, sports figures, politicians and other notables for decades. During the Eisenhower years of the 1950s, country clubs and centerpiece courses began to appear as the game of golf suddenly rose to prominence as a favotitc pastime Today; the City of La Quinta boasts dozens of the foremast courses in the world. Historic roots are weaved throughout the cozy La Quinta Village, tucked in the heart of a mountain cove. Incorpota[ing the community's rich history into La Quintet's growth has been part of the CiMs vision since it incomorat- cd in 1991 For example, when the City moved forward with its plans to build a municipal golf course and surrounding tenon, it identifial one of the most prime pieces of land in I.a Quanta nestled along the Santa Rosa Mountains. Gullets at Sil c R,,ck's Arnold Palmer Classic Course can now catch a glimpse of die water line marking on the moun- tains, indicating how _ this piece of land rested underwater thousands of years ago, t" 263 16 a f �+ Sil,e,Rod. Resort — a pro favorite has trecived a number, of accolades this past year including being named Bet Municipal Course in the Coachella Valley by Southland Golf magazine and honored in Golf - week's 2010 Best Municipal Courses list. Aside from great golf, la Quint, offers somcthin, for everyone in its serene parks for walking and jogging, a variety of luxurious hospitality options, spa retmats offering the finest in pampering services, one-ofI kind shops and restaurants, and hiking and raking trails enhanced by majestic mountain views. At the heart of La Quinta's appeal are the challenging yet enticing golf courses, offering a golf experience like no other. there an nEua about La Quinn that atura cts visitors to retum time and time again from us fasci- nating history to its variety of modem pleasure,. For more information about ways to "play" in la Qwnta, go to wwwPlaylnLaQuinta.com. ^1N4 3 sf r. /7 � "11 l • f tl� N ((o 'i ..; a'� o .4i@ k 1 s ate o 264 17 _0 Is Eo9 Ll 9� _� 9= A Gizmo dr=a ATTACHMENT I 265 iV n'a `66 19 ATTACHMENT 8 CITY OF LA Q_UINTA • 78-495 CALLS TAMPIC (760) 777-7035 • www.LA-QUINTA.oRG Media Contact: Andrea Carter, FG Creative (760) 773-1707 andreaa-fgcreative.com FOR CALENDARS LA QUINT& CA CITY OF LA QUINTA SEPTEMBER/OCTOBER EVENTS Golden Age of Hollywood Film Festival La Quinta Library Community Room Wednesdays, September 1 - 29 1:30 pm FREE 9/1 - "It Happened One Night" with Clarke Gable and Claudette Colbert 9/8-"High Noon" with Gary Cooper 9/15-"His Girl Friday" with Cary Grant 9/222'Night of the Hunter" with Robert Mitchum 9/29-"Captain Blood" with Errol Flynn Join the La Quinta Library for a special film festival celebrating the Golden Era of Hollywood! La Quinta Museum manager, Johanna Wickman, will be on hand to introduce the films and provide the audience with some trivia and local La Quinta connections with each film. The La Quinta Library will also be serving FREE popcorn to moviegoers. For more information, call (760) 564-4767 or visit online at www.la-guinta.org. Open Gym Basketball Gerald R. Ford Boys and Girls Club of La Quinta Monday - Wednesday, September 1 - October 31 7:30 - 10pm FREE - Mandatory sign -in (La Quinta Fitness Center membership fees apply) 261 20 Shoot baskets or play full or half -court games at the La Quinta Boys & Girls Club. Youth and adults can drop in for a workout or play just for fun! Participants 13 and under must be supervised by an adult. For more information, call (760) 777-7090 or visit online at www.la-guinta.orq. Indoor Volleyball Gerald R. Ford Boys and Girls Club of La Quinta Thursdays September 1 - October 31 7:30 - 10pm FREE - Mandatory sign -in (La Quinta Fitness Center membership fees apply) Join us for some pick-up Indoor Volleyball. It's free to play, all you have to do is sign -in when you arrive. For more information, call (760) 777-7090 or visit online at www.la-quinta.orq. Moonlight Movies - School of Rock Old Town La Quinta Friday, September 3rd 8pm FREE Bring your blankets, low -back sand chairs and the whole family for fun and movies under the stars. Admission is free. Movie begins at dusk. Come early and have dinner at one of Old Town's restaurants before the show - or order your food to -go and enjoy your meal with the movie! Movies will be shown at Old Town La Quinta on the event lawn. Co -Sponsored by City of La Quinta, Time Warner Cable and Old Town La Quinta. For more information, please, call (760) 777-7108 or visit online at www.la- quinta.org. Evening Dances La Quinta Senior Center Friday, September 9 from 6-8:30pm Friday, October 8 from 1-3:30pm $2 Enjoy the sounds of a live band and a lively atmosphere at the La Quinta Senior Center. Bring your friends and dance the night away, light refreshments will be served. For more information, please, call (760) 777-7090 or visit online at www.la- quinta.org. �68 21 San Diego Padres vs. San Francisco Giants Departs from La Quinta Saturday, September 11 3pm $55 Join City of La Quinta for the ultimate baseball experience with All -you -can -eat seats in the Right Field Reserved Section 125. Eat all the hot dogs, veggie dogs, popcorn, and. sodas you want. Moderate walking is involved on this trip. For more information, please, call (760) 777-7090 or visit online at www.la- q inta.org. Junior Basketball League & Clinic (Registration August 23 - September 10) Clinic: Saturday, September 11 10am - Noon League: October 9 - November 13 Games - Saturdays between 8am - Noon Practices - Tuesdays and Thursdays 6 - 7:30pm $70 per person (Includes jersey and referee fees) This program will be centered on fun, fairness, and skill development. Children ages 9 - 14 will learn the fundamentals of basketball, teamwork, and sportsmanship while meeting new friends and mentors. For more information, please, call (760) 777-7090 or visit online at www.la-auinta.orq. Adult Nature Walk Bear Creek Nature Trail Saturday, September 18 8am FREE This is a collaborative program between the City of La Quinta and the Stewards of the Fred Wolff Bear Creek Nature Preserve and Trail. This free program is offered to anyone interested in learning about the Preserve. All walks begin at the Shade Shelter on the Bear Creek Nature Trail at the corner of Calle Ensenada and Avenida Montezuma in the La Quinta Cove. For more information, please, call (760) 777-7090 or visit online at www.la- quinta.org. �6� 22 Disc Golf Clinic & Tournament City of La Quinta Civic Center Campus Saturday, September 18 10am -Noon $5 per person This event will include approximately 1-hour of hands-on instruction from some of the sports elite players. After the clinic you are welcome to participate in an 18- hole round of Disc Golf, in one of the valley's most picturesque parks, with prizes for top finishers of each division. For more information, please, call (760) 777-7090 or visit online at www.la- quinta.org. Self-defense Designed for Women Gerald R. Ford Boys & Girls Club of La Quinta Saturday, September 18 9:30am - 4pm $65 per person One day course instructed by S.O.S. (Stand On Survival) is designed to educate and empower women. Instructor: Jay Balajadia For more information, please, call (760) 777-7090 or visit online at www.la- quinta.org. LA Angels of Anaheim vs. Chicago White Sox Departs from La Quinta Saturday, September 25 3:30pm $44 Join City of La Quinta for exciting baseball action with seats in the Left Field Pavilion. Moderate walking is involved on this trip. For more information, please, call (760) 777-7090 or visit online at www.la- guinta.orq. Indoor Volleyball - 16 & up Single Elimination Tournament President Gerald R. Ford Boys & Girls Club of La Quinta Saturday, September 25 Starting at 8am $30 per team ^14 23 Grab your friends and family members and sign up today. All are welcome to participate regardless of skill level because this tournament is all about having fun! The first 8 teams to register will play. Trophies will be awarded to the 1st and 2nd place teams. Cold water and sports drinks will be provided for all participants. All participants must be 16 years of age or older. For more information, please, call (760) 777-7090 or visit online at www.la- ouinta.org. C.V. Premier Adult Soccer League La Quinta Park Sundays, September 26 - December 5 Between 8am - 3pm C.V. Premier Soccer is the first incorporated, insured adult league in the Valley that is sanctioned by Cal South Soccer. The Goals of this league include promoting and organizing safe and fair competitive soccer games in La Quinta for both men and women. For more information, please, call (760) 777-7090 or visit www.cvpremier.com. Moonlight Movies - Gremlins Old Town La Quinta 8pm Friday, October 1st FREE Bring your blankets, low -back sand chairs and the whole family for fun and movies under the stars. Admission is free. Movie begins at dusk. Come early and have dinner at one of Old Town's restaurants before the show - or order your food to -go and enjoy your meal with the movie! Movies will be shown at Old Town La Quinta on the event lawn. Co -Sponsored by City of La Quinta, Time Warner Cable and Old Town La Quinta. For more information, please, call (760) 777-7108 or visit online at www.la- ouinta.org. Wellness Connection La Quinta Senior Center Tuesday, October 5 9am - 1 pm FREE Various FREE health screenings and information will be available to seniors and the public. j 9 24 For more information, please, call (760) 777-7090 or visit online at www.la- quinta.org. Adult Nature Walk Bear Creek Nature Trail Saturday, October 16th 8am FREE This is a collaborative program between the City of La Quinta and the Stewards of the Fred Wolff Bear Creek Nature Preserve and Trail. This free program is offered to anyone interested in learning about the Preserve. All walks begin at the Shade Shelter on the Bear Creek Nature Trail at the corner of Calle Ensenada and Avenida Montezuma in the La Quinta Cove. For more information, please, call (760) 777-7090 or visit online at www.la- quinta.org. Annual Health Fair La Quinta Senior Center Friday, October 29 9am - 1 pm FREE Various information booths will be available. Desert Regional Medical Center will be providing FREE flu immunizations for seniors. No appointments necessary. For more information, please, call (760) 564-0096 or visit online at www.la- quinta.orq. Halloween Carnival La Quinta Boys & Girls Club Gym Friday, October 29th 3pm FREE The City of La Quinta and the President Gerald R. Ford Boys and Girls Club of La Quinta present the Annual Halloween Carnival. There will be plenty of games, activities, candy and prizes! Don't forget the camera! For more information, please, call (760) 777-7090 or visit online at www.la- quinta.orq. 272 25 tar Aft ,rim Ttbk A CITY OF LA QUINTA • 78-495 CALLE TAMPICO, (760) 777-7035 • W W W LA-QUI NTA.ORG FOR IMMEDIATE RELEASE September 30, 2010 QUINTA, CA Media Contact: Andrea Carter, FG Creative (760) 773-1707 or andrea@fgcreative.com FOR ADDITIONAL INFORMATION CONTACT: BRET PLUMLEE, ASSISTANT CITY MANAGER (760) 777-7035 ,CpQ &, -- GEM ofMB DESERT — CITY OF LA QUINTA FIRE STATION # 32 AND CITY CORPORATE YARD GRAND OPENING AND DEDICATION LA QUINTA, CA - A grand opening and dedication ceremony for La Quinta's newest fire station will be held on Saturday, October 23, at 11 am. The dedication is open to the public and will take place at 78-111 Avenue 52, the site of La Quinta Fire Station No. 32. There will be activities for kids and refreshments served. The 7,200 square -foot fire station, which broke ground November 4, 2009, fits up to four engines, features exhaust gas capture systems, and has desertscape with drought - tolerant plants. The new fire station will include an 80 kilo watt hour (kWh) photo -voltaic (PV) array system that is capable of generating 64.8 kWh of electricity per month. Potential annual energy savings are estimated at $12,150. Out of a total $5.5 million awarded in contracts, $3.3 million went to firms located in the Coachella Valley. The multi -prime contractor delivery method was used for the project and included a local preference clause, which gave local contractors a 2% bidding advantage. Of the 12 contracts awarded, six were awarded to contractors located in the Coachella Valley. Mayor Don Adolph states 'We are very pleased to open this state -of the art fire station to continue to enhance the outstanding public safety services for the citizens of La Quinta." n?3 26 Fire Chief Dorian Cooley adds Operationally the location of the station will allow faster access to the core of the city without sacrificing coverage to the La Quinta Cove neighborhood." Date: Saturday, October 23, 2010 Time: 11:00 A.M. - 1:00 P.M. Place: Fire Station # 32 and Corporation Yard 78-111 Avenida 52 La Quinta, CA 92253 an q 7 4 27 CITY OF LA QUtNTA • 78495 CALLE TAMP11 (760) 777-7035 • WWWAA-Q1ANTA.ORG FOR IMMEDIATE RELEASE October 6, 2010 CA Media Contact: Andrea Carter, FG Creative (760) 773-1707 or andrea@fgcreative.com GEM q. ,DESERT - PUBLIC ART WORK, PORTAL OF POPPIES, TO BE UNVEILED UNVEILING AND DEDICATION OCTOBER 14th, 6 PM La Quinta, CA - The City of La Quinta and Highland Development Company proudly invite the public to the unveiling and dedication of Portal of Poppies on Thursday, October 14th at 6 pm. This event is FREE to attend and light refreshments will be served. Portal of Poppies is City of La Quinta's newest public art piece, created by artists Nancy and Larry Cush and purchased by Highland Development Company. The 18' x 16' steel sculpture depicts California poppies and stems, and creates an artistic entry "portal" at Plaza Calle Tampico, affixed to the existing stucco wall. The unveiling and dedication will take place in the fountain area at Plaza Calle Tampico, at 78-138 Calle Tampico. For more information about Portal of Poppies call (760) 777-7000 or visit www.la- guinta.orq. E_-j a`t� 28 CITY OF LA CLUINTA • 78-495 CALLE TAMPICO, LA QUINTA. CA 922S3 (760) 777-7035 • WWW.LA-QU1NTA.ORG " Media Contact: Andrea Carter, FG Creative (760) 773-1707 or andrea@fgcreative.com FOR IMMEDIATE RELEASE October 11, 2010 4V -- GEM ofthc DESERT — "AN EVENING WITH THE STARS" ANNUAL PARTY AND FUNDRAISER FOR LA QUINTA HISTORICAL SOCIETY An Evening of Old Hollywood on October 23, 6 - 9PM La Quinta, CA - Old Hollywood comes to the La Quinta Museum (LQM), for "An Evening with the Stars". On October 23, from 6 - 9 pm, the La Quinta Historical Society (LQHS) will hold their annual party and fundraiser set to an old Hollywood theme. The party and fundraiser are open to the public with ticket prices at $65/per person. "An Evening with the Stars" will feature a silent auction; heavy hors d'oeuvres catered by Tastebuds; and live, Motown selections, performed by the E & J Movement. "Groucho Marx" and "Mae West" will mix and mingle with the crowd making for great photo opportunities. The annual party and fundraiser helps LQHS raise funds to continue providing invaluable services to the community. This year's event will be held at La Quinta Museum, located at 77-885 Avenida Montezuma, in La Quinta. `�� 29 Reservations are required. To purchase a ticket call LQHS at (760) 564-1283 or send checks or money orders to: La Quinta Historical Society 77-885 Avenida Montezuma La Quinta, CA 92253. Please contact Linda Williams, President of LQHS, at (760) 774-9107 or visit www.la-guinta.org for more information. The La Quinta Historical Society is a volunteer, nonprofit service organization, dedicated to preserving and promoting the rich, multi -cultural history of La Quinta, CA through: maintaining a collection of archives and artifacts pertaining to the history of La Quinta, educational programs, and community outreach programs. The La Quinta Historical Society strives to touch all ages, socioeconomic & ethnic groups, community residents and area visitors in an effort to link the present and the future with the treasured past of La Quinta, CA. 0 C.11 30 our A& rhbk Ail CITY OF IA QUINTA • 78-495 CALLE TAMPICO, OW 777-7035 • www.LA-QutNTA.OrtG Media Contact: Andrea Carter, FG Creative (760) 773-1707 or andrea@fgcreative.com FOR IMMEDIATE RELEASE October 14, 2010 CA &Qaikra — GEM oftk DESERT -- ANNUAL HEALTH FAIR COMES TO CITY OF LA QUINTA FREE Flu Immunizations Will Be Offered to the First 300 Seniors, 55+ La Quinta, CA - The City of La Quinta (COLA) is pleased to announce its Annual Health Fair on Thursday, October 215t. The health fair will be hosted by La Quinta Senior Center, from 9 am to 1 pm, at the Senior Center. Desert Regional Medical Center will be offering FREE flu immunizations to the first 300 Seniors, 55 and older, on a first come first serve basis. In addition, the following organizations will be offering FREE information: • Desert Regional Medical Center C.A.R.E. Curtailing Abuse Related to the Elderly Stroke Recovery Center 2 -18 31 Helping People Hear Again -Hearing Aid drop off Family Hospice Care Riverside Country Office on Aging info Van Braille Institute • Rose Mortuary and Crematory And many more non-profit and for profit organizations The Annual Health Fair will take place at La Quinta Senior Center, located at 78450 Avenida La Fonda, in La Quinta. For more information call (760) 777- 7000 or visit www.la-guinta.org. F'r 1 3 32 CITY of LA QuINTA • 78-495 CALLE IrAMPICo, LA (_uiNrA. CA 92253 ' (760) 777-7035 • WWWAA-QUINTA-ORG Media Contact: Andrea Carter, FG Creative (760) 773-1707 or andrea@fgcreative.com FOR IMMEDIATE RELEASE October 29, 2010 -- GEM aftk DESERT — FUN -FILLED FAMILY WEEKEND COMES TO LA QUINTA MUSEUM NOVEMBER 5r" FIRST FRIDAY & NOVEMBER 6T11 CARNIVAL Two great events for all ages to enjoy! La Quinta, CA - Get ready for a fun filled family weekend, at La Quinta Museum (LQM)! On November 51h & 61h, the La Quinta Museum has two great events scheduled for grandparents, parents and children alike! On Friday, November 51h LQM's November First Friday and Open House will be held from 5 - 7pm and on Saturday, November 6ch is Carnival, from 1 - 4pm. Both events are FREE and open to the public. First Friday brings in the Evaros, a high energy variety dance band. The Evaros' music spans from the 1950's to present covering Pop, Soul, Disco, Rock, and Latin music from your favorite hit artists. The Evaros have been named as honorees of the "Palm Springs Walk of Stars." All ages will enjoy dancing to the sounds of this fun band! 230 33 Then, stop in on Saturday, for the 2010 Carnival! LQM, along with the La Quinta Historical Society, will present this celebration to coincide with LQM's current exhibit, PT Barnum and the Circus. Visitors can enjoy performances by world renowned juggler, David Cousin; a special appearance by several animals from The Living Desert; carnival games with prizes; TC the Clown, who will make balloon animals for children and adults; and FREE popcorn! La Quinta Museum is open Tuesday through Saturday from 10:00 a.m. to 4:00 p.m. and is located at 77-885 Avenida Montezuma in La Quinta. Admission to the museum is free. For more information about First Friday, Carnival, or La Quinta Museum, visit www.la-guinta.org or call 760-777-7170. M 281 34 CITY OF LA QUINTA • 78-495 CAVE TAMPICO, LA QuiNTA, CA 92253 (760) 777-7035 • www1A-0_uINTA.oRG Media Contact: Andrea Carter, FG Creative (760) 773-1707 and rea(a gcreative.com FOR CALENDARS CITY OF LA QUINTA NOVEMBER EVENTS Day of the Dead/Dia de los Muertos Monday, November 1 La Quinta Library 6pm FREE Join City of La Quinta for a program with arts and music to celebrate a Mexican tradition. For more information call (760) 777-7090 or visit www.la-guinta.org. Veterans Tribute Thursday, November 11 La QuintaCivic Center Campus 1pm FREE Please submit applications by: October 1 Join City of La Quinta, this holiday, at the La Quinta Civic Center to acknowledge veterans for their contribution to our country and community. We invite everyone to enjoy music and refreshments during this patriotic celebration! For more information call (760) 777-7090 or visit www.la-quinta.org. Whodunnit? Mystery Book Club Wednesdays, November 10 & 17 La Quinta Library 10:30am FREE A Tasty Bit of Murder -Food mysteries by Susan Witteg Albert, Peter Mayle, and Rex Stout. For more information call.760) 777-7000 or visit www.la-guinta.org. An Evening with Friends - Jay Cassell Thursday, November 18 La Quinta Library 6pm FREE 282 35 For more information call (760) 777-7090 or visit www.la-guinta.org. La Quinta Trails Day Saturday, November 20 La Quinta Cove Trails 8am - FREE Join City of La Quinta as they celebrate the trails of La Quinta. Get out, get active and enjoy the natural resources that La Quinta has to offer. Events will take place next to the Bear Creek Trail on the corner of Madero and Tecate. For more information call (760) 777-7090 or visit www.la-guinta.org. n33 "I Media Contact: Andrea Carter, FG Creative (760) 773-1707 or andrea(a)fgcreative.com FOR IMMEDIATE RELEASE November 23, 2010 CITY OF LA QUINTA ANNOUNCES 2010 CHRISTMAS TREE LIGHTING La Quinta, CA - Ring in the holiday season with the City of La Quinta's Annual Christmas Tree Lighting, which will be held Friday, December 3 at 6 pm, in Old Town La Quinta. The public is invited to this free event for all ages. Attendees will enjoy festive music, activities for children, and even a visit from Santa! The festivities will happen at the Main Street Event Lawn, located at 78100 Main Street in Old Town La Quinta. For more information about the Annual Christmas Tree Lighting or the City of La Quinta, call (760) 777-7000 or visit www.la-guinta.orq. N. 37 Media Contact: Andrea Carter, FG Creative (760) 773-1707 or and rea(a)fgcreative.com FOR CALENDARS CITY OF LA QUINTA DECEMBER EVENTS La Quinta Christmas Tree Lighting Friday, December 3rd 6 pm Old Town La Quinta FREE Ring in the holiday season with the City of La Quinta's Annual Christmas Tree Lighting Ceremony. Celebrate the season with a special visit from Santa, festive music and activities for the children. For more information call (760) 777-7090. Breakfast with Santa Saturday, December 111" 9 am La Quinta Senior Center $5/person, kids under 3 eat free w/paid admission Join Santa and his helpers at the Annual handing out gifts to those who are on his 777-7090. The Whodunnit? Mystery Book Club Wednesday, December 15'" 10:30 am La Quinta Library FREE Pancake Breakfast. Santa will also be nice list! For more information call (760) Holiday for Murder -Seasonal mysteries by Joan Hess, Margaret Maron, and Agatha Christie. For more information call (760) 564-4767. 2b5 99 An Evening with Friends Thursday, December 161" 6 pm La Quinta Library FREE Ben Franklin Elementary School choral group to perform. For more information call (760) 564-4767. Adult Nature Walk: Animal Signs and Tracking Saturday, December 181" 8am Bear Creek Nature Trail FREE In a collaborative program between the City of La Quinta and the Stewards of the Fred Wolff Bear Creek Nature Preserve and Trail, this free program is offered to anyone interested in learning about the Preserve. All walks begin at the Shade Shelter on the Bear Creek Nature Trail at the corner of Calle Ensenada and Avenida Montezuma in the La Quinta Cove. For more information call (760) 777- 7090. Build a Gingerbread City with the S.C.R.A.P. Gallery Tuesday, December 281" La Quinta Library 2pm FREE Turn plain brown boxes into a winter village using recycled materials. The completed city will be on display in the library through January 19, 2010. For more information call (760) 564-4767. flei:Ei 39 `o s c t y ' 9 E� X Ham r L1 SY 84 EC Ts's 4J1 a E i a R i , � • ¢m E E 6 5 N E • V O p E f V_ Y ZV Er� e~E2E[nEE'3QvrEv+> V 8— m °-x CO�_...� mv 41 � s�N t. 4 , i� ri'liZTT�lL181 l ill I F y� � t N 21 JANUARY 4 JANUARY 14 JANUARY 17-23 JANUARY 18 FEBRUARY 1 FEBRUARY 15 DEPARTMENT REPORT: 3 - A CITY COUNCILS UPCOMING EVENTS CITY COUNCIL MEETING CITY COUNCIL MEETING PILLAR OF THE COMMUNITY AWARDS BOB HOPE CLASSIC GOLF TOURNAMENT CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING FEBRUARY 26 HOUSEHOLD HAZARDOUS WASTE COLLECTION MARCH 1 CITY COUNCIL MEETING MARCH 10-13 MARCH 15 LA QUINTA ARTS FESTIVAL CITY COUNCIL MEETING LA QUINTA CITY COUNCIL MONTHLY CALENDAR December 20 10 1 2 3 14 November 10 January 11 — M T W T F S S M T W T F S , 1 2 - 3 4 -- S 6 - - - , . -,— 12:00 PM Mayor's Lunch I 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 21 22 23 24 25 26 27 16 17 18 19 20 21 22 23 24 25 26 27 28 29 28 29 30 L 30 31 1 1 ,Mayor's Up Golf To ... 1 5 6 17 8 9 10 11 8:00 AM - 12:30 PM 6:00 PM CVAG Exec. 3: 0 PM City Council Green CommunityCmte Adolph Meeting WorkshoplFanner's 6:00 FM Ito Energy Market I Coate -Franklin 9:00 AM RCTC. Henderson 4:00 PM Investment Advisory Board 11:30 AM Holiday Open House ... ....... 12 13 114 15 1 16 17 18 5:30 PM Community 7:00 PM Planning Services Commission Commission 6:00 PM League 2:00 PM J.Cochran Beg. Airport -Franklin 3:00 PM Historic Preset. vation Commission 9:00 AM CVA-Evans Henderson 19 20 21 22 23 24 25 3:00 PIA City Council Meeting 12:00 PM Sunline Adolph Christmas Eve Holiday Observed (City Hall 401k Closed 112 Dayl Christmas Holiday Christmas Day Observed (CITY HALL CLOSED) 26 27 28 29 30 31 10:30 AM RCTC Budget 7;00 PM Planning Henderson Commission i Now Years Eve Holiday Observed (City Hall Closed 112 Dayl Now Years Day Holiday Observed LCITY HALL CLOSED) Printed by Calendar Creator Plus on 12/14/2010 0.. 291 LA QUINTA CITY COUNCIL MONTHLY CALENDAR January 2011 New Years Day —A�10:00 2 3 4 5 6-----_- `7 -- 8 I AM Transp Henderson 6:00 PM III) Energy CmteFranklin i -- —------- 9 -...__----------.__-1..—. 10 ---- .._--- i11 I —-.-.—_....--'---. --- - — ._.... 12 13 - 14 - ----- --- --- ---.... 15 10:00 AM Pub. Sfty- Henderson 3:00 PM Mtns. Consversancyfranklin 5:30 PM Community Services Commission ! 6:00 PM League 7:00 PM Planning 9:00 AM RCTC- I9:30 AM Animal Campus. Commission Henderson 1 Franklin 11 AM CVCGSnilr 112:00 PM Energy/ Enviton; Sniff 1 I ..__—----------- — Henderson .__--- 16 17 __—__.— 18 19 ....._...__..___-_— 20 --- .- 21 22 10:00 AM Homelessness Cane. -Franklin 3:00 PM Historic Preser. vation Commission 9:00 AM CVA-Evans 12:00 PM HCRC.Franklin Martin Luther King's ( i Birthday (CITY HALL CLOSED) Bab Hope Classic 23 24 25 26 27 28 29 10:30 AM RCTC Budget - Henderson 7:00 PM Planning Commission 12:00 PM Sunline-Adalph 9:00 AM LAFCO� Henderson Boh Hope Classic E --_..... .......... —___ ...............___.___-._-.._ I _ I 30 1 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. 2930 31,. 27 26 Printed by Calendar Creator Plus on 12/14/2010 292 LA QUINTA CITY COUNCIL MONTHLY CALENDAR February 2011 1 12 3 14 5 1 12:00 PM Mayor's Lunch j 6 8 119 10 11 12 10:00 AM Transp I7 1 7:00 PM Planning 9.00 AM eCTCG 11:00 AM CVCC Sniff Henderson Commission om:00 Henderson 112.00 PM Energy! 6PM I10 Energy Enwon,Sniff Carlo Franklin 13 20 27 14 15 16 17 118 19 10:00 AM Pub. Shy 10:00 AM Homelessness 3:00 PM Historic Preser 9:00 AM CMAEvans Henderson Cons, Franklin varon Commission 5:30 PM Community 112:00 PM HCHC Franklin Services Commission i2:00 PM J.Cochran 1 5:00 PM League Heg.Airper1 Franklin Henderson 21 22 123 124 7:00 PM Planning 112:00 PM Sunline Adolph I9:00 AM LAFCO Commission Henderson President's 0ay I (CITY HALL CLOSE0) 28 10:30 AM HCTC audget ---- January Henderson 6:00 PM Exec Cmte. S M T W T F S Adolph 3 4 5 6 7 12 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 37 Printed by Calendar Creator Plus on 12/15/2010 25 26 Household Hazardous Waste Collection March S M T W T F S t- 2 3 - a.. 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 31 293 DEPARTMENT REPORT: T4t!t Ot 4 a" TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety tt• DATE: December 21, 2010 RE: Department Report — November, 2010 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of November. The statistical summaries depict the following highlights: • Year-to-date building permit valuation is $37,221,719 which represents an issuance of 127 building permits in November; • Animal Control handled 308 cases in November; • Code Compliance initiated 131 cases in November; • Garage sale permits generated $1740 revenue in November. L94 U M F Z F a� J � LL Oa } Ve Z u M vp J Iy D CD M O ri N M M - ri rl a' 01 N C - O O O 0 m M IT N W I R* : M; 00 N rs 00 01 N ; ri N - In N M M '... 07 ! O ' C% + tD OS y O( O 00 ! ei r1 d' a' n n n 1 O st O ILO P% CA .M-I et In ! - O N t0 OD M n ',.> O N N 0 i 01 N 00 N 1 to m N M lD € O V 10 O O i N m .-I n N l0 tD 00 No N ,...N. N € O M f� t0 In N O tD N t0 `, O Ot O eH N ri N ri N 2rl N` ri i N ri ri O GG N aN! p rl 1 In a N a a � i C% 0 00 N t LL N ri N N ri M j j N M W ri ri i N O N, N i N N_ N O I� C O i M In N n i M to N M tD N co ON rl tD it O 1 N! 00 00 N 00 i O tD '.. M (AO 01 rl rl m I� {n N _. tD C; W j N t0 M N 00 O L .-, q- N N M N -. 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O 10 M m a H > p @ .a r O O O� O 0 w a y fn c c c Y c w m m 'sGOc>- ILZ E °N F E �m m= 'md o fn m C ID w o o J E-L' 3 Q ?3 a a� mo mo ¢ooNaoo"=¢00 w E_ID F E m O o o o'c L 21 O p m¢U c2 > 0 z¢ O F>c Z V _ Za F.0 2 r- 0 Q NN0 V w V/ 0 u C 2 .Q E 0 U a� 0 U CD O N jp ^ r (O W O c0 (O ul V V of W N le an- 0 N N w H W } U a) 0 p O O a) 01 0 0 N N M r 0 z W r N Cl) V� N m M O= N r r Or O 7 N N N tp m r r A O r r n a M M (p 00 M M T n w U) N T I� O M n O O N LO 7 N A 7 M O N M QJ Q r N M M N N CD m m Cl) wW LLi CO M CO nV 0) M (n M O (n O N N 01 C J W M W 7 a0 V O r n c0 (n M (O (O d' r (D tp N O n N O O N n M N t0 N N r a' 0) m N N M N n ro r r fO Q n v co O N d) W tN0 N O N N m 0 0 (O W N N aD N O (D O N N O M r Ln O M O a M N N A M M a7 W 7 7 77 n N 0 d) O M r N M V O N N n LL a10 C m r r n z U U 0 w a w N H t0i O �- < N ~ U) � H W m 0 N F z z N z 4 W W C i z S N Ul W 0 R � •- d W w w w z 0. m w u a F o 0 o o Q o p o r E U a-j a w Q¢ V F a ° m 0 : ? 0 c � �¢�❑ a z wr-o a) cm a) ¢-0 -o u�Ua m o �yKvw4 zo�E a a)� -j@E w Q c@E amE z�E mm of �E�UOQO ¢ L o 0 0 ❑ o U o 0 o 0 0 (a z 0 LL w U) U)O. co NU) W tnU =(n0 J(n0 HHU N WU[ J2yO W DEPARTMENT REPORT: 1 y OF TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Director 4�11 DATE: December 21, 2010 SUBJECT: Community Services Department Report for November 2010 Upcoming events of the Community Services Department for January 201 1 : Computers *Beginning Computer *Use a Digital Camera *Conquering MS Excel Beginning Computers, Senior Center Conquering MS Excel, Senior Center Dance *Dance Workshop *Line Dancing *Tap Troubles Away *Swing/Latin Fusion Dance, Play, & Pretend, La Quinta High School Beginning Ballet 5-10 yrs, La Quinta High School Beginning Belly Dance, La Quinta High School Ballet/Tap 4-6 & 7-10 yrs, La Quinta High School Ballet/Jazz 4-6 & 7-10 yrs, La Quinta High School Hawaiian Culture & Hula 4-8, 9-17, 18 & up, La Quinta High School Excursions Griffith Observatory Exercise & Fitness *Morning Workout *Mat Pilates *Core Stability Ball *Yoga for Health Relaxing Movement, Library Fighting 4 Fitness Beginning & Advanced, Senior Center The Core Workout w/Exercise Balls 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.) 299 Free Programs *Quilters *Life Experience *Woodcarvers Leisure Enrichment Italian for Everyone, Senior Center Music Beginning Guitar, Senior Center Rock N' Blues Guitar, Senior Center Sports USMA Mixed Martial Arts, B&G Club Tennis Lessons for Children & Adults Special Events *Chili Cook-Off/Salsa Challenge Luncheon *Evening Dance Pillars of the Community, Civic Center Special Interest *Mature Driver *Watercolor *Sketching and Drawing *Hooked on Loops *Senior Center class or activity • 300 Community Services Department Attendance Report for the Month of November 2010 Summary Sheet Program 2010 2009 Variance Sessions Per Month 2010 2009 Leisure Classes 140 122 181 82 ill Special Events * 200 480 -280 2 2 Sports 241 250 -9 18 19 Fitness Center 649 652 -3 25 25 Senior Center ** 1271 1573 -302 113 125 Total 2,501 3,077 -576 240 282 Senior Services Senior Center 211 305 -941 8 19 Total 211 305 -94 8 19 Sports User Groups La Quinta Park Use AYSO 1500 1500 0 20 16 Desert Boot Camp 50 50 0 9 8 LQ Rugby Club 25 0 25 12 0 Col. Paige School AYSO 300 270 30 6 3 CV Revolution 25 0 25 9 0 Sports Complex PDLQ Football 1501 220 -70 14 11 LQ Sports & Youth 60 160 -100 11 22 Facility/Park Rentals Senior Center Private Part 250 300 -50 2 2 Churches-2 600 750 -150 8 10 Museum Meeting Room 0 120 -120 01 2 CSUSB Osher 30 60 -30 5 8 Library Classroom 660 540 120 11 9 Civic Center Campus Private Part 100 200 -100 2 3 LQAF Blues & Brews 1025 2000 -975 1 1 Park Rentals La Quinta Park 200 50 150 4 1 Fritz Burns Park 100 50 50 2 1 Total 5,075 6,270 -1,195 116 97 Total Programs 7,787 9,652 -1,865 364 398 Volunteer Hours Senior Center 249 209 40 Total Volunteer Hours 2491 209 40 Fewer Veterans' Day honorees compared to 2009 event; inclement weather day of Trails' Day event resulted in lower attendance this year. ** Fewer classes offered and a reduction in Bridge attendance resulted in lower program participation this year. 301 Community Services Program Report for November 2010 2010 2009 2010 2009 Participants I Participants Variance Meetings Meetings Leisure Classes Relaxing Movements 5 4 1 7 7 Hawaiian Hula 3 0 3 5 0 Microsoft Word 4 8 4 5 4 Inter. Computers 10 6 4 4 5 Guitar - Beg. 11 8 3 3 6 Guitar -2ndLevel 5 0 5 3 0 Italian For Everyone 71 5 2 3 4 Dance, Play, & Pretend 7 3 4 2 3 Acrylic Painting 4 0 4 4 0 Tai Chi Qi Gong 11 8 3 9 18 Zumba 15 18 -3 6 7 Yoga - Morning 11 0 11 4 0 Yoga - Evening 12 0 12 21 0 Ballet/ Tap 9 3 6 4 4 Elements - Beg. 6 11 -5 5 5 Neuropathy Pain 4 0 4 1 0 Jazzercise 12 13 -1 9 11 Body Sculpting 4 8 -4 6 7 Totals 140 95F 45 82 81 2010 2009 2010 2009 Participants I Participants Variance I Meetings Meetings Special Events Veteran's Day Tribute 150 230 -80 1 1 Trails Day/ Stargazing 50 250 -200 1 1 Totals 200 4801 21 2 2010 2009 2010 2009 Participants Participants Variance Meetings Meetings Sports & Fitness Open Gym Basketball 173 149 24 14 _ 13 Open Gym Volleyball 58 41 17 3 3 Fitness Center 649 652 -3 25 25 W.E.L.L. Walking Club 10 0 10 1 0 Nature Walk ` 0 0 0 0 0 Totals 8901 8421 481 431 41 Community Services Totals 1 1,2301 1,417 -1871 1271 124 " Nature Walk integrated into Trails Day this month. (see Trails Day attendance) 3,32 Monthly Revenue Report for November 2010 Monthly Revenue - Facility Rentals 201n 2nna Varianra Libra $ $ _ $ Museum $ $ 75.00 $ 75.00 Senior Center $ 3,647.50 $ 4,772.50 $ 1,125.00 Parks $ 770.00 $ 600.R $ 170.00 Sports Fields $ 1,191.00 $ 460.00 $ 731.00 Monthly Facility Revenue $ 5,608.50 $ 5,907.50 $ 299.00 Monthly Revenue Senior Center $ 4,112.00 $ 7,571.50 $ 3,459.50 Community Services $ 2,594.00 $ 2,350.00 $ 244.00 La Quinta Resident Cards $ 13,510.00 $ 5,385.00 $ 8,125.00 Fitness Cards $ 640.00 $ 295.00 $ 345.00 Total Revenue $ 20,856.00 $ 15,601.50 $ 5,254.50 Revenue Year to Date Facility Revenue $ 23,900.50 $ 21,039.00 $ 2,861.50 Senior Center ` $ 17,008.50 $ 36,432.00 $ 19,423.50 Community Services $ 23,005.00 $ 23,005.00 $ - La Quinta Resident Cards $ 28,000.00 $ 12,285.00 $ 15,715.00 Fitness Cards $ 2,590.00 $ 2,630.00 $ 40.00 Total Revenue to Date $ 94,604.00 $ 95,391.00 $ 887.00 `The City received a $10,000 donation from David Orme's Trust which was used to update the La Quinta Senior Center computer lab. V3 Senior Center Attendance Senior Center Program Report for November 2010 Participation Participation Variance Meetings Meetings 2010 2009 2010 2009 Senior Activities ACBL 2 99ers* 117 196 -79 4 3 Bridge, Social/Party 407 484 -77 17 18 Dinner& Dance 42 57 -15 1 1 Monthly Birthday Party 38 35 3 1 1 Monthly Luncheon (Thanksgiving) 1381 129 91 1 1 Movie Time 30 28 21 2 3 Putting Action 17 7 10 4 2 Tennis 139 96 43 8 8 Wii Bowling 7 0 7 2 0 Senior Activity Total 935 1032 -97 40 37 Senior Leisure Classes Computers 9 7 2 3 3 Ceramics 7 0 71 2 0 Creative Photography 6 0 61 3 0 Exercise 44 39 5 12 11 Golden Tones 72 57 15 5 3 Hooked on Loops 6 5 1 4 4 Line Dancing 8 0 8 1 0 Mat Pilates 20 43 -23 12 11 Quilters 15 31 -16 2 5 Swing/Latin Fusion 14 11 3 5 4 Tap 22 16 61 5 4 Ukulele Beginners 4 8 -4 4 4 Ukulele Players 63 96 -33 6 8 Watercolor 24 20 4 3 3 Woodcarvers 9 24 -15 2 3 Yoga for Health 13 7 6 4 4 Senior Leisure Classes Total 336 364 -28 73 67 TOTAL SENIOR PROGRAMS 1271 1396 -125 113 104 Senior Services FIND 126 179 -53 3 5 Legal Consultation 7 5 2 1 1 FREE Seminars/Presentations/Screenings (4)* 32 30 2 4 4 Volunteers 46 35 11 n/a n/a TOTAL SENIOR SERVICES 211 249 -38 8 10 SENIOR CENTER TOTAL 1 1482 1645 -1631 121 114 *Included: Huh? Help U Hear; Vision Loss Prevention; Memory Assessment Pros & Cons of Reverse Mortgage 3 `3 4 Parks Activities Updates For November 2010 The Veterans, Sports, and Artist acknowledgement areas in the Civic Center Campus received their annual maintenance. The maintenance service included the removal of hard water deposits, waxing the bronze, and repainting the concrete bases. Each year this service is scheduled prior to the City's annual Veterans Day Tribute when the bronze panels are removed to engrave the new inductees. The Sun and Moon Beam art piece at the Civic Center Campus was refurbished. This work was also performed as part of the regular scheduled maintenance for all of the City's Art in Public Places. Staff recently updated the department policy for playground inspections by having the policy formalized with approval from JPIA. The policy will continue to meet all ASTM national and state standards. Each month all of the playgrounds receive a formal inspection with the exception of La Quinta Park and Fritz Burns Park. Because of the heavy use at those facilities, both La Quinta Park and Fritz Burns Park are formally inspected twice each month. Each park is inspected informally on a daily basis for damage, vandalism, or graffiti. All reported items are corrected immediately or secured for safety until the item can be corrected. A service representative visited to check the ozone treatment system for the Civic Center Campus Lake. The ozone system is designed to maintain the lakes clarity without the use of chemicals. For two weeks, chemical treatments were needed because the desired level of clarity was not met. The service representative verified the system is working at peak efficiency and sometimes a "shock" treatment (chemical) is necessary as it is in swimming pool treatments. The Nature Preserve fence located at Calle Chillon and Avenida Montezuma was repaired. The 16 foot section of fence was vandalized and the replacement material had to be ordered from out-of-state. The 4,800 linear foot fence is made from recycled material and was purchased through grant funding. A police report was filed immediately after the vandalism was reported. Both the new Seasons Dog Park and Pioneer Dog Park were over -seeded. Because of the construction activities at these sites, the winter over -seeding (normally done in October) was delayed until the projects were close to completion. The over - seeding takes about three weeks and both sites are scheduled to open at the end of December. T35 DEPARTMENT REPORT: '50-A TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Directo DATE: December 21, 2010 SUBJECT: Fred Wolff Bear Creek Master Plan Update On June 19, 2003, the City Council approved the purchase of 19 acres of land zoned as Open Space as part of the General Plan. The property is located west of Avenida Montezuma, between Calle Ensenada and Calle Chillon. On December 8, 2003, the Community Services Commission hosted a public meeting requesting input as to what amenities the community would like to see at the newly acquired 19 acre park. The overwhelming response from the public was to maintain the site as a nature preserve. On July 6, 2004, the City Council approved the name of the 19 acre Nature Preserve to be the "Fred Wolff Bear Creek Nature Preserve." A plaque recognizing the Fred Wolff Bear Creek Nature Preserve was installed and dedicated on March 18, 2006. The plaque is located on the Fred Wolff Bear Creek Trail just south of Calle Ensenada and on the west side of the Fred Wolff Bear Creek Nature Preserve. The La Quinta Cove Community Association formed the "Stewards of the Fred Wolff Bear Creek Nature Preserve." Staff meets regularly with representatives of the Stewards group regarding the Master Plan and outdoor education programming for the Fred Wolff Bear Creek Nature Preserve. The Nature Preserve Master Plan was approved by the Community Services Commission on February 12, 2007. The original Master Plan recommended improving safety, landscape, and communication. Safety recommendations include posting and enforcing rules and regulations, improving the ability to visually observe the property J and securing the area with a low fence. The landscape recommendations include planting only those varieties that are listed in the approved plant list, removing mailboxes from the property, and limiting trails to only those that are necessary within the Preserve. The communication recommendations include developing signs to improve the visitor experience, maintain communications with other municipal and environmental groups, and establish a working relationship with the Coachella Valley Water District. On January 19, 2010, the Stewards of the Fred Wolff Bear Creek Nature Preserve recommended the 8.99 acres of property directly to the south of the Preserve be included in the Master Plan. The City Council approved the inclusion of this property into the Preserve. On November 8, 2010, the Fred Wolff Bear Creek Nature Preserve Master Plan Update (Attachment 1) was presented to the Community Services Commission for review and comment. Highlights to the updated plan include addressing continued safety of the area through landscape maintenance, police monitoring, signage, landscape improvements, future plant replacement, mailbox relocation, minimizing trail fragmentation, and ongoing communication with the users, residents, and public agencies. The Community Services staff welcomes any comments or questions you may have regarding this plan. Attachment: 1. Fred Wolff Bear Creek Nature Preserve Master Plan Update „ 3Ji FRED WOLFF BEAR CREEK NATURE PRESERVE MASTER PLAN Introduction The City of La Quinta is distinguished by its beautiful views of the Santa Rosa and San Jacinto mountains. These views become even more dramatic in the La Quinta Cove, where the view across the Coachella Valley also add to the stunning scenery. The desert and mountains captivate visitors and bring perpetual joy to La Quinta residents by offering wonderful scenery and outdoor adventures. The Fred Wolff Bear Creek Nature Preserve MASTER PLAN sets forth a blueprint for preserving a section of this special desert landscape. The Plan seeks to protect the land, plant species, and native creatures that inhabit the desert. Background (with Description) On June 19, 2003, the City Council approved the purchase of 19 acres of land zoned as Open Space as part of the General Plan. The property is located west of Avenida Montezuma and east of the Fred Wolff Bear Creek Trail, between Calle Ensenada and Calle Chillon. On December 8, 2003, the Community Services Commission hosted a public meeting requesting input as to what amenities the community would like to see at the newly acquired 19 acre park. The overwhelming response from the public was to maintain the site as a nature preserve. On July 6, 2004, the City Council approved the name of the 19 acre Nature Preserve to be the "Fred Wolff Bear Creek Nature Preserve." A plaque recognizing the Fred Wolff Bear Creek Nature Preserve was installed and dedicated on March 18, 2006. The plaque is located on the Fred Wolff Bear Creek Trail just south of Calle Ensenada and on the west side of the Fred Wolff Bear Creek Nature Preserve. The plaque reads: Fred Wolff Bear Creek Nature Preserve The City of La Quinta purchased this 28 acre open space area for the preservation of natural desert land for future generations. This nature preserve is dedicated to Fred Wolff, La Quinta's first Mayor who led the effort to incorporate the City of La Quinta. Mr. Wolff lived nearby and was dedicated to preserving the public's access to the Santa Rosa Mountains, trails, and the desert's natural beauty. On January 19, 2010, The Stewards of the Fred Wolff Bear Creek Nature Preserve requested that the adjacent 8.99 acres to the south be added to the 2 .. 3 J 9 Preserve on that date the City Council approved the addition to the Preserve extending it to Calle Tecate. Goals The goals for the Fred Wolff Bear Creek Nature Preserve are to protect and enhance the nature park while providing information on the plants and wildlife that are native to the area. The Master Plan is a key tool for accomplishing the goals of the Nature Preserve. Guiding Principles (Philosophy) The underlying principles of ecology and conservation biology should guide the Preserve management decisions by promoting the protection of native species of wildlife and vegetation, and removing invasive species that interfere with the natural process. Management practices should, when ever possible, mimic natural processes and promote vegetation in its natural state. The management philosophy for the Fred Wolff Bear Creek Nature Preserve is to meet recreational and open space needs of the residents while ensuring that the natural and cultural resources are protected and maintained. The Preserve provides an opportunity to promote an environmental ethic as part of the visitor experience. Artificial structures should be kept at a minimum, blending in space, form, and color with the natural surroundings. Disturbance and compaction to the soil should be minimized to discourage invasive vegetation and erosion. To promote natural vegetation and ideal soil conditions, vehicular traffic should only be permitted when necessary. Trails should provide appropriate access while minimizing the fragmentation of the biological community. Motorized traffic, noisy machinery, and oversized equipment should be discouraged and kept to a minimum. Minimize service vehicle traffic for trail and plant maintenance. Citizen Involvement To implement this Master Plan effectively, the City of La Quinta and the community should develop partnerships to address regulations, volunteers, adjacent development, and required resources. 3 310 Develop a positive working relationship with property owners adjacent to the Nature Preserve. Review development and activities of adjacent properties to insure that activities will not interfere with the natural balance of the Nature Preserve. Recognize the citizen advisory board "Stewards of the Fred Wolff Bear Creek Nature Preserve" as advocates of the Nature Preserve and the Fred Wolff Bear Creek Trail. Recommendations (Implementations) Planning recommendations should be implemented after careful study and on -site evaluations. Safety issues need to be managed with Crime Prevention through Environmental Design (CPTED). All designs and management should be adaptive to the natural environment of the Nature Preserve. SAFETY 1. Enforce rules, regulations, and City ordinances that provide for security, surveillance, and protection of natural and cultural resources, visitors, and facilities. Rules and operational procedures must be consistent. Post signs at key locations around the Preserve. 2. The berm has been lowered along Avenida Montezuma and installation of a low rail fence now permits observation into the Nature Preserve and the Bear Creek Trail while keeping unwanted vehicles out. 3. Maintain and control vegetation throughout the Nature Preserve for safety and security for individuals as well as the Preserve. Tree canopies need to be raised and plants need to be pruned back so police and residents can have unobstructed views throughout the property including the Fred Wolff Bear Creek Trail. LANDSCAPE 1. Adopt the Coachella Valley Native Plants list as provided by the Mountains Conservancy. The Nature Preserve should be repopulated only with those plants listed in the native plant list. The soil conditions should also be restored, due to compaction from an abandoned road and unwanted vehicular traffic. A maintenance component is needed in the Preserve as part of the La Quinta City Parks program. This will maintain and improve the overall conditions for the enjoyment of visitors. a 3' I 2. Review the plant palette that exists along the Bear Creek Trail and make recommendations for the removal of plants that are harmful to animals. Remove and/or trim the plants along the trail to provide safe view corridors. 3. Relocate the mailboxes along Avenida Montezuma that are currently on the Preserve property. Coordination will need to be made between the City of La Quinta, the U.S. Postal Service, and the residents. 4. Minimize the fragmentation of the habitat from trails and structures. Eliminate any redundant or unnecessary paths and obstacles. A trail of decomposed granite and a low rail fence has been constructed along Avenida Montezuma. Provide routes that offer diverse educational, recreational, and aesthetic experiences. COMMUNICATION 1. Develop signs to help visitors experience the Nature Preserve. These should be located at clear entry points to welcome, orient, and educate visitors as they arrive. 2. Install plant identification signage around the perimeter of the Nature Preserve, along the Fred Wolff Bear Creek Trail and the natural path along Avenida Montezuma. 3. Maintain communications with other City, County, State, and Federal agencies as well as conservation groups and utility companies. 4. Support the Stewards efforts to provide ongoing nature education that includes activities such as Nature Walks at the Preserve. 5. Maintain and update a brochure describing the history, flora and fauna and rules of the Preserve. 6. Consider renaming the Fred Wolff Bear Creek Trail to Bear Creek Trail and naming the Fred Wolff Bear Creek Preserve the Fred Wolff Preserve to avoid confusion and shorten the names of the amenities. 5 312 A. 'CALLE ENSEIV�ADA �.�,'� kf � � x CAL•L•E�IVOGALE -- fix. � ✓ i:eYY.S � st �` ; 4 s '�.�. � �••: ti„-,. - R ,-:� ""� k � � CALLErCMIHUAHUA� ,z - a�tx CALLE MONTER Y 1 Y ��.. �w. Q Ui +CHILLON 1 it , 71 1 Q CALL•E tr. _ C Ll<E TEMECU tj 41 aZt N € City of La Quinta we Fred Wolff Bear Creek Nature Preserve a s .. - 313 Department Report: 7 �OFTt TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Directo�/ DATE: December 21, 2010 SUBJECT: Department Report for the Month of November 2010 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of November. 1 Z cW G H Q a W 0 Cr) Z Z Z Q J d O a w H Z w 5 F- w Q a w 0 O 0 N cr W m LU W O Z 0 W Z O H F- a m D U to w U N p w Y W N i- iC YC_ iC YC_ icy iC+ YC_FC+ iC- icy YC_ 1-� t2 t- iC+ t� iC� t� YC_ t� 1C� YC_ t� }C, t� Yr_ 1•+ Y_ U C E E E E E E E E E E E E E E E E E E E E E E > -0 -0 -0 -0 -0 -0 -0 n n -0 -0 -0 n -0 -0 -0 -0 -0 -0 -0 w Z N N N N N N N N N N N N N N N N N N N N N N J Cl , 0 0 0, O O � N � 0 0 1* 0 0 0 0 0 0 0 0 0 0 a N N 0 — Z a CO Z O J N a U o H W a) U w N y d` } N Z c F aa) = — co N C E N U m N a) d. UE Ea E N@ a a) a) 0- a E w y y a c c N a a m a) 0 a�i °c' E CL o)a E E T t E a N a ° Q N E m(n o E U U N a) Q p IL Cc Co 7 a) N C d a) N (n C U C N Q) C N Cl a) m Q a) ' o L E a) d N o 0 o a E c a a N m > m o a) p m U N a) c_ Z > > `o s p U co m a 0) C o. c>> m e c c a) a) �' c c E m c c 0 a o a) c c a) O o m rn� a a) a) a) = o 0 0 QUpwE0-1��aain<ncncnF-- > N N (n N F o N O F CO � Q w Z m O2 U5 w M i Z O O U ~ O C7 •- Z_ O Z N z� a} ..J D 7 O M z O F- a U V) w O a) m a) N a) a) a) a) a) a) a) a) a) a) a) a) W Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y LU ` E E E E E E E E E E E E E E E E n D O CL MO IL 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 a y m �, 0 y y v, u, 0m v, v, 00 0 u, � a a O, 0 0 0 O O N N O O O O O O O Q Q W Q Z)O O Q LL H W W w Q a CD c y _o a > Y N C C Y C a) W cc E E ° U E am Q Wima) m a a a a mma y O 0a N a a)O . °aCO U cUa) Q coaco m ca) mQ c c m a) m o" o E H a) c E E � E m aaC'6O j z c 'ta c Z>> - � 0 m cc -o C m a) C� C a) CD m m c >> a) E:` C 00 QUO.�C72(n(AAu)HHiNN wOL � V) a) m o V O _ n m O O a) � s m Y a m o m a c nm m C7 o a Y ca U � O O C '+ o m U -O O O Y (n C C o ° _ U Y Co C C 0 fn CDCUC E c a) E•°)E o aa)) E U a) N m O o O 'O O_ m O J m m o n I -- co cc a) a) D a) y a) 3 � c -0 cr CD J N n 3'6 rk DEPARTMENT REPORT: 8 MEMORANDUM 'y OF FK TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, P.E., Public Works Director/City Engineer DATE: December 21, 2010 SUBJECT: Public Works Department Report for December 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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W .` �E d a=-. 7 -p U� N O U ` O w 7 m W O -O � @ "O m LL C � O U C mo N U Y m U O C .O __ CY. �2 O G Nv.naC Y •D N N@m O co��Z°WCON@rOe�p�OM+= NN QY U> 3 'O-0O a a 7yry aNO7-C,a @ 7 Cy 00°ONO.Q °LUN ° °_ CO N 7 N, L O > E pNQ �@ (N pW T=E t > ON @0y �N N`@+ �CE�~p.� �Ba+ - I hO 3 .• � °N m 0 m a M 0V acCcE EN°a3= 3°a)0-a LL-C S -°°' @S�Q°a) co 00 co 24 m 0 co m m a (pNV�..N>n0FONO�O LNC�'CLOcd3 py3�N_°o�-'Tad� o o Oa�a+N m rn> 7 a FO c> Z O OCLYc OY > °O O r O0 NN O C QN CUL •Q�''�YN°CmNoo`mKO tFY0FYONOyavc�mF7TO0dI MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: November, 2010 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activity 5 Men 4 Men 3 Men 1 Man Total 1000 Policing/Inspection 31 52 3 3 89 1001 Pot Hole -Repair/Patching 0 4 0 0 4 1002 Crack/Joint-Repair 1 0 0 0 1 1003 Pavement Marking/Legends 0 0 0 0 0 1004 1 Pavement Marking/Striping 01 0 01 2 2 1005 Curb Painting 21 0 0 0 2 1006 Other Traffic Controls 2 27 0 0 29 1007 lCurb & Gutter Repair/Const. 0 0 0 0 0 1008 1 Other Concrete Repairs/Const. 0 9 0 0 9 1009 IStreet Sign Install (New) 0 0 0 3 3 1010 IStreet Sign Repair/Maint 43 3 0 2 48 1011 1 Debris Removal 18 23 14 1 56 1012 1 Right of Way Maint. 8 13 84 0 105 1021 ICLEAN Catch Basin Inlet/Outlet 01 0 0 0 0 1022 IRondo Channel Outlet/Vault 20 0 0 0 20 1022A IDesert Club Outlet/Vault 0 0 0 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 0 0 0 3 3 1024 Gutter/Median Sand Removal 0 0 01 0 0 1025 IStreet Sweeping (Machine) 0 128 01 0 128 1026 1 Street Sweeping (Hand) 0 0 01 0 1 0 1027 Sidewalk/Bike Path Cleaning 0 0 01 0 1 0 1028 1 Dust Control 0 0 01 0 1 0 1029 1 Flood Control 0 0 01 0 1 0 1031 Parks/Retention Basins Inspection/Clean-L 0 5 811 0 1 86 1041 Irrig/ Weeding, Shrubs & Tree Trimming 17 7 1411 3 1 168 1051 Landscape/Irrigation Contract Managemen 0 0 18 13 31 1052 Lighting/Electrical Contract Management 0 0 14 11 25 1061 Small Tools Repair/Maint. 0 0 0 0 0 1062 Equipment Repair/Maint. 0 0 0 0 0 1063 Vehicle Repair Maint. 9 9 0 0 18 1081 Trash/Litter/Recycable Removal 0 0 9 0 9 1082 lVandalism Repairs 0 2 0 0 2 1083 IGraffiti Removal 194 41 01 8 243 1084 IMaint. Yard Building Maint. 67 94 0 17 178 1085 ISeminarsfrraining 18 13 4 5 40 1086 Special Events 0 0 0 0 0 1087 Citizen Complaints/Requests 135 1 52 5 0 192 1088 Meeting 0 17 5 10 32 1089 Office (Phone, paper work, reports, Misc.) 32 21 3 43 99 SUBTOTAL 597 520 381 124 1622 1091 Over Time 13 2 10 0[E74861 1094 1095 Jury Duty( Sick Leave 0 32 0 24 9 0 1096 Vacation 39 0 121 31097 Holiday Floating Holiday Worker Comp/ Bereavement/ STD SUBTOTAL 123 9 0 216 96 0 0 122 109 241098 01099 0 36 TOTAL HOURS 813 642 490 160 TOTAL MILES 3337 2554 1845 125 1... 326 Department Report: • • LA' U1 TA Pi -LICE Served by the Fiuerside Gouly Sherffs Depart rt Police Department Monthly Report November 2010 Prepared for 327 La Quinta Police Department SIGNIFICANT ACTIVITY REPORT Captain Raymond Gregory Chief of Police Monday, November 1, 2010 8:15 PM — Officers responded to a report of a shoplifter being detained in the 79200 block of Hwy 111. Arrested for commercial burglary was a 40 year -old transient, Phillip Montanez. Tuesday, November 2, 2010 No Significant Activity Wednesday, November 3, 2010 10:00 AM -- School Resource Officers at La Quinta High School received a report of a female student who had been sexually battered by a male student while on campus. The female student was not injured. The male student was arrested for sexual battery and false imprisonment. He was booked into Indio Juvenile Hall. 12:50 PM — The La Quinta Business District Officer responded to the 78900 block of Hwy 111 regarding a shoplifter. Arrested was Jennifer Cruz, age 31 of Yucca Valley, for shoplifting. Cruz was booked at the Indio Jail. 5:53 PM — Special Enforcement Team officers conducted a traffic stop on Dune Palms Road and Hwy 111. Officers •arrested Alberto Castelo, age 33 of Indio, for possession of narcotics. He was booked into jail. Thursday, November 4, 2010 No Significant Activity Friday, November 5, 2010 1:03 AM — Patrol officers arrested Andrew Crookall, 27 years -old from La Quinta, for driving under the influence at Highway 111 and Adams Street. Crookall was booked into the Indio Jail. 7:00 AM — Special Enforcement Team officers, working cooperatively with members of the Narcotics Task Force, served a narcotics related search warrant in the 51800 block of Eisenhower Drive. Officers located methamphetamine and seized a large amount of cash. Arrested was Angel Martin Pena Gastelum, age 20 of La Quinta, for possession for sales. 3:15 PM — Special Enforcement Team officers conducted a traffic stop on Ave. La Fonda and Washington St. Officers arrested Dennis Osterhout, age 20 of La Quinta, for an outstanding assault warrant. Osterhout was booked into jail. 11:05 PM -- Officers responded to a brandishing of a firearm call in the 80000 block of Vista Grande. Daniel Brian Yanez, 20 years -old from La Quinta, had an argument with the victim. During the argument, Yanez pushed the victim and pointed a handgun at the victim's face. An off -duty law enforcement officer attempted to intervene and Yanez pointed the handgun at the officer as well. At that point, the off -duty officer detained Yanez until La Quinta Police Department officers arrived. Yanez' handgun was recovered at the scene and was found to be a realistic looking BB gun. Yanez was arrested for brandishing a firearm and battery and booked into the Indio Jail. • Saturday, November 6, 2010 02:05 AM -- Officers arrested Jerrod Walker, 27 years -old from La Quinta, for driving under the influence in the 51500 block of Avenida Obregon. Walker was booked into the Indio Jail. 12:19 PM — Officers responded to a report of a theft in the 79200 block of Highway 111. Chris Phillips, 28 year old transient, was arrested for shoplifting. 3:57 PM — Patrol officers responded to Avenida Diaz and Calle Durango in reference to an injury traffic collision. A male juvenile was riding his bicycle, without a helmet, and collided with a parked trailer. The bicyclist was transported to Desert Regional Medical Center with moderate injuries. 4:25 PM -- Officers responded to the 50700 block of Washington St in reference to a domestic disturbance. Robert Barroso, age 40 of La Quinta, was arrested for felony domestic battery and booked at the Indio Jail. Sunday, November 7, 2010 2:37 AM — Officers arrested David Yrigoyen, age 21 of La Quinta, for driving under the influence after stopping his vehicle at Washington and Ave. 50. 10:27 AM — Patrol officers responded to the 79200 block of Highway I I I regarding a theft. Irma Balderama Segura, 52 years of La Quinta, was arrested for shoplifting. 10:09 PM — Officers responded to a report of a hit and run collision at Calle Sonrisa and Calle Placido. Initial information indicated an unknown vehicle had fled after colliding with a block fence. While investigating the hit and run, officers received a call of a domestic disturbance associated to the hit and run. Joshua Franklin Wehe, age 25 of La Quinta, had physically assaulted his girlfriend at his residence located in the 79300 block of Calle Somisa. The victim, while driving away, collided with a nearby fence. Officers located and detained both the victim and suspect without incident. Wehe was arrested for felony domestic violence and booked into the Indio Jail. •Monday, November 8, 2010 7:50 AM -- Officers responded to the 4300 block of Calle Esplanade to serve a felony warrant. Maria Aguilar, 31 yrs of La Quinta, was arrested and booked for a burglary warrant. 4:29 PM -- Patrol officers were dispatched to a business in the 79200 block of Hwy 111 in regards to two shoplifters in custody. Alejandra Medina, 19 years of Palm Desert and Stephanie De La Torre, 19 years of Coachella, were arrested and booked at the jail. Tuesday. November 9, 2010 10:30 AM —School Resource Officers arrested a female juvenile for possession for sales of prescription drugs. She was released into the custody of her parents. 2:00 PM — Officers arrested Michael Charles Cassidy, 42 of Los Alamitos, for burglary at a business on the HWY I I I business corridor. 4:30 PM -- Investigators assumed a fraud investigation that was initially reported to Palm Desert Police as a robbery. The investigation revealed that the adult female victim had been contacted by two suspects regarding a purported winning Lotto ticket. The victim and both suspects drove together to a bank in La Quinta and Rancho Mirage where the victim withdrew cash which she gave to the suspects. A short time later the suspects fled on foot with the cash. 6:50 PM — Officers responded to a report of an armed robbery at a business in the 78600 block of Hwy 111. Investigation revealed that an unknown suspect entered the store and demanded money. The suspect walked the clerk to the cash register where he removed the cash and fled on foot from the location. r 1 U 329 7:20 PM — Officers responded to a report of an assault with a deadly weapon in the 78100 block of Francis Hack. The *victim was approached by two males, one of which pulled a knife, cutting the victim on the left arm. The victim was transported to JFK Hospital for treatment of non -lethal wounds. Wednesday, November 10, 2010 9:03 PM — Patrol Officers responded to the 53600 block of Avenida Madero regarding a report of trespassing and vandalism. The victim said Sonseeahray Rodriguez, 25 years of Indio, had attempted to force entry into the victim's residence and damaged the front screen door. Due to a pre existing medical condition it was decided to cite release Rodriguez at her residence in Indio. Thursday, November 11, 2010 No Significant Activity to Report Friday, November 12, 2010 9:01 AM — Officers responded to a felony hit and run traffic collision on Avenue 52 east of Washington St. The suspect, driving at a high rate of speed, struck the victim's vehicle from the rear. The impact caused the victim to lose control, strike a tree in the center divider and overturn. All four victims were taken to Desert Hospital for treatment. An alert witness was able to obtain the license plate number of the suspect vehicle. Based on Department of Motor Vehicles registration information, officers responded to the registered owner's address, located the vehicle in the driveway, and detained the juvenile suspect. Traffic Enforcement Team officers responded and arrested the juvenile suspect for felony hit and run and felony driving under the influence of alcohol and marijuana. He was booked into Juvenile Hall. 4:54 PM — Special Enforcement Team officers conducted a bicycle stop on Dune Palms Road and Star Flower and arrested Mario Cabrera, age 47 of Indio, for possession of illegal drugs and drug paraphernalia. Cabrera was booked • into jail. 6:40 PM —Officers investigated a report of possible child pornography. The suspect was due to be released from Indio Jail where he was being held following a La Quinta drug arrest. The suspect called a family member to pick up a thumb drive out of his property and to destroy the files on the drive. The family member discovered photographs on the drive that appeared to be child pornography and contacted law enforcement. The suspect is still in custody and officers have the thumb drive. Saturday. November 13, 2010 8:45 AM — Officers served an arrest warrant in the 78300 block of Crestview. Cole Sanders, 19 yrs of La Quinta, was arrested for three felony and two misdemeanor warrants for theft, fraud, elder abuse and drug related charges. He was booked into the Indio Jail. 1:25 PM — Officers responded to a call of teenagers possibly smoking drugs in the 51100 block of Avenida Villa. Officers located fourjuveniles and determined they had been smoking cigarettes. Officers located a black marker on the ground and graffiti in a nearby stairwell. The juveniles were questioned regarding the graffiti but they did not admit to the vandalism. 1:59 PM — Patrol Officers responded to an injury traffic collision at Adams Street and La Palma. One driver had to be cut from the vehicle. She was transported to Desert Hospital where she was treated for lacerations and a concussion. Drugs and alcohol were not a factor. 3:41 PM —An officer was dispatched to a business in the 79200 block of Hwy l l l in reference to a shoplifter in custody. Michael Lee Imel, age 45 of Bermuda Dunes, had been detained by security as he was walking out of the business without paying for merchandise he had placed in his pockets. Due to pre-existing medical conditions, Imel •was cited and released and charges will be filed out of custody 330 08:18 PM — Officers responded to a business in the 79200 block of Hwy I I I in reference to two subjects being detained by store security. A third subject was located by officers behind the store. Investigation revealed that Nancy Hernandez, age 19 of Indio, along with two female juveniles, both of Indio, were observed by store security placing store items inside their purses. The three subjects were followed as they exited the store. All three subjects were arrested for commercial burglary. Hernandez was booked into the Indo Jail and the two female juveniles were booked into the Indio Juvenile Hall. 9:24 PM — Patrol Officers responded to a report of a traffic collision at Avenue 48 and Washington Street. Linda Kroger, age 55 of Indian Wells, was found to be driving under the influence of alcohol and was arrested and booked into the Indio Jail. Sunday, November 14, 2010 11:15 PM -- Officers responded to the 51600 block of Avenida Alvarado regarding a domestic disturbance at the location. Andres Montemayor, 43 years -old of La Quinta, was arrested for felony spousal battery and booked into the Indio Jail. Monday, November 15, 2010 No Significant Activity Tuesday, November 16, 2010 1:12 AM — Officers were dispatched to the 51600 block of Avenida Rubio in reference to a stolen vehicle. Responding officers observed the vehicle traveling eastbound on Calle Tampico at a high rate of speed. The vehicle failed to negotiate the curve at Calle Tampico and Park Avenue and collided with a brick wall. The occupants exited the vehicle and fled. Officers located one subject and the victim identified Michael Steven Rivera, 18 years -old of • Mecca, as the one who had stolen his car. Rivera was arrested for vehicle theft and possession of marijuana. 1:46 PM -- Officers responded to the 79200 block of Highway I I I regarding a theft. Jorge Armando Chavez, 27 yrs of North Shore, was arrested for shoplifting. 6:30 PM — Patrol officers responded to the 78900 block of Highway I I I in reference to a theft that had just occurred. Three male juveniles were arrested for burglary and released to their parents. Wednesday, November 17, 2010 9:27 AM -- Officers responded to the 78900 block of Highway 111 reference a theft. Leslye Camacho, 22 yrs of Indio, was caught stealing clothing. Clothing stolen from two other business locations was located in Camacho's vehicle. Camacho was arrested and booked for burglary, theft by false pretenses, possession of stolen property and child endangerment. 6:00 PM — Officers responded to the 79200 block of Highway I I I regarding a shoplifter in custody. Kerelee Lovelace, 35 years of Palm Desert, was booked into Indio Jail for commercial burglary. 7:39 PM — Patrol officers were dispatched to the 77500 block of Calle Hidalgo. The female caller advised her boyfriend was making threatening phone calls. Peter Nunez, 35 years of Indio, was arrested and booked for criminal threats. 11:07 PM — Officers arrested David Roberts, 32 years -old from Palm Springs, for a parole violation warrant and possession of drug paraphernalia in the 78600 block of Highway 111. Roberts was booked into the Indio Jail. Thursday, November 18, 2010 • 331 3:55 PM — Patrol Officers responded to a report of a robbery in the area of Avenida Obregon and Calle Nogales. A *suffered juvenile was assaulted at the bus stop by three suspects who stole several items of his property. The victim suffered a minor injury to his forehead. Friday. November 19, 2010 2:42 PM -- Officers responded to the 80000 block of Cedar Crest in reference to an attempted suicide. An adult female had taken an unknown amount of pain medication and was transported to the Indio Mental Health Clinic after receiving medical clearance at JFK Hospital. 3:41 PM — Patrol officers responded to the 79200 block of Hwy I I I in reference to a theft in progress. Raul Anthony Carton, age 34 of Coachella, was contacted as he was exiting the store. Carmona, a Parolee at Large, was found to have contacts for attempted murder, assault with a deadly weapon and burglary. Carmona was arrested for an outstanding warrant and booked in the Indio Jail. 4:36 PM -- Officers responded to the 47100 block of Via Lorca in reference to a domestic disturbance. John Stone was arrested for misdemeanor spousal abuse and booked into the Indio Jail after receiving medical clearance at JFK Hospital. 4:40 PM — Officers conducted a vehicle stop on Eisenhower Drive and Calle Tampico. Dannette Grosser, age 44 of Desert Hot Springs, was arrested for driving under the influence and booked into the Indio Jail. 7:48 PM — Patrol officers responded to 52300 block of Eisenhower Drive in reference to a suicidal subject who had taken an unknown amount of medication. The adult male was deemed a danger to himself and transported to the Indio Mental Health Clinic for a 72 hour evaluation. Saturday. November 20, 2010 • 3:52 AM — Officers responded to an act of vandalism in the 53500 block of Avenida Ramirez. An unknown suspect had placed graffiti on the garage door. No suspects were located. 4:20 AM — Officers responded to a report of a suspicious person at Avenida Martinez and Calle Monterey. Rocendo Flores, age 19 of Desert Hot Springs, was arrested for public intoxication. 1:30 PM — Patrol officers responded to a business in the 78900 block of Hwy I I l in reference to two subjects being pursued by store security for shoplifting. Officers located both subjects. Brooks Hammer, age 24 of Cathedral City, was arrested for shoplifting and Jeffrey Hammer, age 26 of Thousand Palms, was arrested for being under the influence. Both subjects were booked into the Indio Jail. 2:00 PM — Officers responded to a report of suspicious circumstances in the 78500 block of Sanita. Officers located Michael Lachman, age 41 of La Quinta, hiding in the backyard. Lachman was found to have an active felony warrant for his arrest. He was booked into the Indio Jail for the warrant. 7:08 PM — Officers conducted a vehicle stop at Washington Street and Eisenhower Drive. Officers arrested the driver, Derek Wolstenholme, age 72 of La Quinta, for driving under the influence. Wolstenholme was transported to JFK Hospital for medical clearance due to pre-existing medical issues. Wolstenholme was released at the hospital and charges will be filed out of custody. 9:30 PM -- Officers responded to the 52900 block of Avenida Navarro and arrested Raul Oliva, age 32 of La Quinta, for public intoxication. Oliva was booked into the Indio Jail. Sunday. November 21. 2010 •No Significant Activity 332 Monday, November 22, 2010 • 12:31 AM — Officers responded to the 43100 block of Palm Royale Drive in reference to a disturbance at the location. Jesse James Brewer, 20 yrs. of Cathedral City, was arrested for public intoxication and booked into the Indio Jail. 1:00 AM -- Officers conducted a pedestrian check at Avenida Velasco and Avenida Montezuma. Christopher Klinginsmith, 23 years -old of La Quinta, was arrested for an outstanding felony warrant for burglary and booked into the Indio Jail. 8:20 AM — Patrol officers responded to the 43100 block of Palm Royale regarding a report of a disturbance. Jesse James Brewer, 20 yrs. of Cathedral City, was back at the location after being arrested for public intoxication at 12:30 AM. Brewer attempted to enter an apartment by kicking the door. After causing damage to the door but not being able to gain entry, Brewer left in his vehicle. Brewer was stopped in the parking lot and detained. Brewer was arrested for felony vandalism and driving while impaired. 3:10 PM —Patrol officers conducted a traffic enforcement stop in the 51600 block of Avenida Alvarado. Bradley Kribbs, 25 yrs. of San Diego, was arrested and booked for a driving under the influence warrant. 3:40 PM — Traffic Services Team officers responded to a report of an intoxicated driver in the area of Adams Street and Avenue 48. Officers located the vehicle and conducted an enforcement stop at Washington and Eisenhower Drive. Officers arrested Jessica Beatrice Knox, 39 years of Indio, for driving under the influence. 3:45 PM — Special Enforcement Team officers were conducting routine patrol on Segways in the area of Old Town. Officers recognized Scott Taylor Madigan, age 39 of La Quinta, as a wanted subject with two outstanding warrants for narcotics and spousal abuse. Madigan was booked into the jail. 8:45 PM — Patrol officers responded to a report of domestic violence in the 45700 block of Adams Street. Officers • arrested Katheryn McKinley Corriveau, 29 years of La Quinta, for domestic battery. Tuesday, November 23, 2010 2:59 AM -- Officers responded to the 44900 block of Miles Ave. in reference to a report of a disturbance at the location. When officers attempted to make contact at the location the resident refused to open the front door or to speak with the officers. 10:00 AM — The Business District Officer arrested Kathryn Holland, age 42 of La Quinta, for public intoxication after she was observed walking aimlessly through a parking lot in the area of Washington St. and HWY 111. 1:00 PM -- The Business District Officer arrested Noe Dominguez Beltran, age 38 of Coachella, for burglary after he was observed stealing merchandise from a business on the HWY 11 l business corridor. 3:30 PM — Officers received a report that an adult and two juveniles were stranded in the hills west of Lake Cahuilla. The Riverside County Sheriff's Department helicopter arrived but was unable to land or hoist lift the hikers because of the terrain and prevailing conditions. Officers contacted Desert Search and Rescue (DSAR) and as the helicopter crew guided from overhead, DSAR members hiked into the hills and reached the stranded hikers. DSAR walked the hikers down the mountain. County fire attended to the hikers when they reached the command post. 4:35 PM — Special Enforcement Team officers conducted a traffic stop at Avenue 48 and Dune Palms Road and arrested Jose Barajas, 20 years old from Mecca, for possession of narcotics. Wednesday, November 24, 2010 9:00 PM -- Officers responded to a report of an erratic driver in the area of Avenue 50 and Washington St. Officers located the vehicle and arrested the driver, Raul Canchola Jr. 19 years of La Quinta, for driving under the influence. •Tbursday, November 25, 2010 333 •12:45 AM — Patrol officers responded to the 51900 block of Avenida Alvarado in reference to a domestic disturbance. Heinrich Campiz, 24 years -old of La Quinta, was arrested for spousal battery and booked into the Indio Jail. Friday, November 26, 2010 3:15 PM — Special Enforcement Team officers responded to the 78900 block of Hwy I I I in reference to a theft and arrested Nancy Hernandez, age 19 of Indio, for commercial burglary. Hernandez was booked into the Indio Jail. Saturday, November 27, 2010 1:30 PM — Special Enforcement Team officers conducted a pedestrian check on Highway I I I and Simon Drive. Cesar Figueroa, 43 years of San Jacinto, was arrested and booked for a felony drug warrant. Sunday. November 28, 2010 8:59 AM — Officers responded to the 79700 block of Parkway Esplanade North regarding an assault. Desmond Henry Cornish, 47 yrs of Oxnard, had assaulted his adult step -daughter. Cornish fled the scene and was believed to have gone back to Oxnard. Charges of assault with a deadly weapon and violation of probation will be sought. 5:25 PM — Patrol officers responded to the 78500 block of Crestview Terrace in reference to a domestic disturbance. Amy Sacks, age 24 of La Quinta, had slapped her boyfriend during an argument. Sacks was arrested for misdemeanor domestic violence and transported to JFK hospital for medical clearance. Due to pre-existing medical issues Sacks was released at the hospital. Charges will be filed out of custody. Monday. November 29. 2010 •No Significant Activity Tuesday, November 30, 2010 2:50 AM — Officers conducted a traffic enforcement stop in the 45000 block of Desert Sands Court. Susan Rodman, 26 years -old of Mountain Center, was arrested for driving under the influence and booked into the Indio Jail. 334 CL • Deputy Prezell Burgie Deputy Christian Bloomquist Deputy Jason Chancellor CITY OF LA QUINTA Special Enforcement Team November 2010 Summary of Activity Deputy Joshua Reinbolz Deputy Johnathan Lun Deputy Jesus Borrego Type of Act ivi # of IncidentsI Type of Activi # of Incidents Search Warrants /Pro rams 5 JWeapons Recovered 0 Vehicle Checks/Stops 124 Probation/Parole Searches 14 Pedestrian Checks 37 Arrest Warrants Served 7 Follow-ups 34 Arrests/Filing - Felony 13 Citations Issued 5 Arrests/Filings - Misd. 9 SIGNIFICANT ACTIVITY SET members worked in partnership with the Coachella Valley Narcotics Task Force (CVNTF) to serve a narcotics related search warrant in the city of La Quinta. Officers safely served the warrant and located a large amount of methamphetamine and U.S. currency. The person responsible was arrested for possession of narcotics for sales and booked into the Indio Jail. Possession, use, and sales of illegal narcotics is a large problem in the Coachella Valley. Dedicatee efforts from CVNTF and La Quinta SET are constantly made in order to address the issue in La Quinta. The following are a few examples of narcotics related arrests in La Quinta: La Quinta SET officers conducted a traffic stop on Dune Palms Rd. and Hwy 11 land contacted a subject who had a small amount of methamphetamine on his person. He was arrested and booked into the Indio Jail. 335 La Quinta SET conducted a bicycle stop on Dune Palms, near Star Flower, and contacted a subject who had a small amount of methamphetamine on his person. He was booked into jail. SET Officers conducted a traffic stop on Dune Palms and Avenue 48 and contacted a subject who had a small amount of cocaine in his possession. He was arrested and booked into jail. Members of La Quinta SET have contacted several subjects within the city of La Quinta which have resulted in 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. Officers from the La Quinta SET received an award from the City of La Quinta which was presented by the Palm Desert Chamber of Commerce at the annual "Peace Officer and Public • Safety Appreciation Day" event held in Indian Wells. The award commended La Quinta SET for activity during a 32-week period where La Quinta SET served 22 search warrants, arrested 61 suspects and recovered nearly $100,000 worth of stolen property. The activity contributed to an 18% decrease in property crimes as well as a 17% decrease in part one crime compared to last year. n U 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. ,... 336 CITY OF LA QUINTA Traffic Services Team Report November 2010 Traffic Services Team Dep. Frederick Dep. Heffley Dep. Wiggs Cpl. Covington Sgt. Walton OC.S.O. Delaney Dep. Reynolds SIGNIFICANT ACTIVITY The City of La Quinta has seen a 25% decrease in all collision categories for the month of November. Overall public roadway collisions are down 4% 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 20% collision rate reduction. There has been a significant decrease of 71% in the number of Hit and Run collisions when compared to the month of October. Public, roadway collision activity is greatest during the weekdays, with Tuesday and Saturday accounting for 30% of the total activity. Traffic collisions occur most often between the afternoon hours of 4:00 p.m. to 8:00 p.m. Additionally, 32% of all collisions result from unsafe speed and unsafe lane changes. Unsafe starting or backing now accounts for 20% of all collisions. These types of collisions can often be attributed to distracted or inattentive drivers. Injury collisions increased in the month of November, however, there has been an 11% decrease in collision related injuries or fatalities in 2009. Alcohol related collision activity has decreased significantly during November 2010, with two collisions attributed to driving under the influence. Alcohol related collision rates have remained the same when compared to last year. Vehicles traveling at unsafe speeds and failing to yield the right of way are the O 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 failure to yield the right of way. Due to the increase in collision related injuries, enforcement will also focus on occupants wearing restraints. w. 337 IN \01 Deputy William Fiebig CITY OF LA QUINTA Business District Deputy Report November 2010 SUMMARY OF ACTIVITY Business Management Contacts 27 Investigations 18 Suspects Arrested / Charged 11 SIGNIFICANT ACTIVITY I am working a check forgery investigation involving an identity theft victim in Calimesa. The suspect is forging checks in the victim's name and used these checks to purchase merchandise at a local retail store. A person of interest has been identified and the investigation is continuing. A counterfeit currency investigation identified a suspect passing fake $100 bills. The suspect is on parole and in custody on unrelated charges. Additional charges will be filed against the suspect. 338 • I arrested a suspect at a local retail store for stealing a bottle of cologne. A charge of commercial burglary was filed against the suspect. I arrested a suspect who was extremely intoxicated after I observed her walking aimlessly throughout a business plaza parking lot. The suspect was unsteady on her feet and fell numerous times. She was not able to take care of herself and became confrontational with police. I arrested the suspect for drunk in public. I am investigating a massage therapy investigation in which a subject is conducting massages from inside his residence without the required licensing. This investigation came to my attention after allegations of inappropriate sexual conduct were reported against the subject. I arrested a subject loitering around a local business after learning the subject had a felony narcotics warrant for his arrest. I arrested a suspect for shoplifting from a local retail store. The suspect stole merchandise from two different retail stores consisting of clothing items. The suspect's infant child was released to the custody of family members. 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. Criminal charges have been filed. BUSINESS/COMMUNITY EVENTS I attended two 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", a "Graffiti Enforcement", and "Juvenile Probation Compliance Search" program are all being implemented. Other enforcement programs are in effect that will reduce thefts and other crimes, and promote a safe environment for holiday shoppers. BUSINESS COMMUNITY SPECIAL PROJECTS I am continuing to develop the Indio Station Volunteer Mounted Posse Equine Unit in order to incorporate their services in or around the business district community in La Quinta. Six horses have been certified and are ready for activation if needed at large city events, search and rescue on hiking trails, and parking lot patrols at major retail stores, etc. • 339 . 1 developed a proposal to help deter graffiti incidents in La Quinta. This proposal was provided to supervision and submitted to the City of La Quinta for further review and consideration. The proposal included the mandatory locked storage of spray paint canisters sold at La Quinta retail stores. I have been working with various La Quinta Businesses and with CSO Tom Fowler to conduct Crime Prevention Through Environmental Design (OPTED) inspections designed to deter theft related crimes. L1 EO E Officer R. Smith La Quinta High School CITY OF LA QUINTA School Resource Officer Report November 2010 Summary of Activity Type of Activity Number of Incidents Criminal Reports 18 Arrests 17 Home Visits 6 City Park Checks 8 Vehicle Checks 9 Pedestrian Checks 12 Courity Citations 5 Public Assist 8 Y.A.'r. Referral 9 District Attorney Filings 5 SIGNIFICANT ACTIVITY I received an anonymous tip that three male students from La Quinta High School and John Glenn Middle School had come on campus over the weekend and had stolen a golf cart. The stolen golf cart was located on the south side of the campus and had been damaged beyond the point of any easy repair. The three students were identified and the . school requested prosecution. Charges for grand theft were filed out of custody. 341 I was approached by a female student who had been the victim of sexual battery on campus. She stated that a male student had forcefully grabbed her, touched her inappropriately, dragged her down a hallway against her will and locked her in the back room of a classroom. The male was identified, arrested and booked at Indio Juvenile Hall for felony and misdemeanor sexual battery, battery, and false imprisonment. Follow up investigation identified two other victims of the same male and additional charges will be filed out of custody. I received information that a female student was selling prescription medications to other students. I located the student and she confessed that she had been selling the pills for approximately one month. She was recommended for expulsion and felony narcotics charges were filed against her out of custody. While monitoring traffic at the cross walk on Blackhawk Way in front of the high school, I noticed a large crowd forming near the bleachers in the La Quinta Park. As I approached the crowd I could see two males begin fighting. Security and I broke up the fight and detained the two males. School Resource Officer Trueblood arrived to assist me. I asked him to detain a third male to obtain one of the suspect's property that this male was carrying. As Officer Trueblood did so, the male became hostile and turned on him and balled up his fists in an aggressive and threatening manner. School security assumed custody of my suspect and I moved to assist Officer Trueblood. While we were struggling with the third male a crowd of approximately sixty juveniles remained in the area and surrounded us requiring us to call for additional officers. Eventually the crowd dispersed. The original two males were arrested for battery and the third male was arrested for resisting a peace officer and booked at the Indio Juvenile Hall. Investigation revealed that the third male is a member of the Jackson Terrace gang from Indio. • 342 i CITY OF LA QUINTA School Resource Officer November 2010 Officer D. Alexander La Quinta Middle School Franklin Elementary School Truman Elementary School Adams Elementary School Summary of Activity Type of Activity Number of Incidents Reports 5 Arrests 6 Business Check 5 District Attorney Filings 0 City Park Area Checks 11 Y.A.T. Referrals 6 Home Visits 1 Follow-up Investigations 5 Vehicle Checks 6 Public Assist 4 Pedestrian Checks 10 Traffic Citations / Traffic Stops 3 SIGNIFICANT ACTIVITY I arrested four male juveniles for fighting on campus. The juveniles were cited into Indio Juvenile court. Reference the Safe Kids Program. Deputy Pena, with the Coachella Valley Violent Crime Gang Task Force, and I conducted a Gang Awareness Program for la Quinta Middle School Administration and Staff. On two occasions I spoke to Humanities classes on the Bill of Rights, specifically talking to the students on the Fourth and Fifth Amendments. • I responded to Adams Elementary to assist Administration with a male special education student who has continuously attempted to run away from the school site. I spoke with the 343 • student on the importance of his safety and that if he runs away from school we would not be able to protect him from harm. During the week of November 151" through the 19`" I spoke with students from the Special Education classes about the dangers of using Alcohol, Drugs and Tobacco. Deputy Pena, Maria Sepulveda, with the Riverside County Probation Department, and I conducted a Gang Awareness Program for La Quinta Middle School Parents. Although parental attendance was minimal, we are planning a similar program in early 2011. We will be contacting other schools and inviting their parents to attend as well. I continue to conduct traffic control before and after school in an attempt to alleviate the traffic congestion on Park Avenue north of Avenue 50. • 144 lJ I" I L 4 CITY OF LA QUINTA School Resource Officer Report November 2010 Officer C. Trueblood Summit High School Paige Middle School Horizon School Summary of Activity Type of Activity Number of Incidents Reports 5 Arrests 5 Home Visits 0 Pedestrian Checks g Vehicle Check 10 City Park Area Checks 7 Traffic Citations 4 City Municipal Code Citations 3 Business Checks 0 Follow-up Investigations 6 Public Assists 2 Calls for Service 8 SIGNIFICANT ACTIVITY I investigated a battery that occurred on campus at Summit High School during the lunch hour. The victim had been assaulted in the bathroom resulting in major injuries to his eye and ear that required him to be transported to the hospital. The suspect was booked into Indio Jail for Felony Battery. When the victim returned to school, after a nine day absence, it was learned that he had sustained what appears to be permanent injury to his eye. His eye was still swollen and full of blood causing him to lose most of his eyesight in his left eye. 345 11 • CITY OF LA QUINTA Community Service Officer Report November 2010 C.S.O. Artesia Diaz C.S.O. Melinda Verdugo C.S.O. Bridget Delaney (Traffic Services Officer) Summary of Activity Type of Activit Number of Incidents Bur lary Investigations 7 Grand Theft Reports 0 PettyTheft Reports 6 Vandalism/Malicious Mischief Reports 3 Traffic Collision Response 26 Vehicle Code or Parking Citations 29 Abandoned Vehicles Tagged/WarningTagged/Warning 1 Towed Vehicles 0 Lost or Found Property Reports 3 Stolen Vehicle Report 1 Custodial / Non -Custodial Transport 9 Miscellaneous Calls 102 346 N N Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report November 2010 Summary of Ae ivifv Communi Policjng Office 11 Number Citizens On Patrol 7Number Monthly Volunteer Hours 153 Traffic Control / Collision 1 Hours Y.T.D. 1,781 Business Checks 200 Hours 4/03 to Present 19,546 Training Hours 4 CPO Monthly Visits 68 Courtesy Notifications 11 CPO Y.T.D. Visits 1,034 Miscellaneous 9 CPO Visits 4/03 to Present 16,924 Neighborhood Patrol 91 Training Hours 6 Vacation Checks 129 Patrol Hours 133 Y.T.D. Patrol Hours 1,374 Hours 7/06 to Present 1 5,855 CA rate for value received for volunteers is Z�lb.Z4 - zu iu totals to may = a i o,zov sawnys. Total savings since 2003 = $379,431. CA rate for value received changed and is now $23.29 - 2010 totals since May = $32,772.00. Total savings since 2003 = $433,594.00. We currently have 12 active office volunteers. 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. .. 347 Department Report: • LA Ul, TA Pi -LICE Served by the P.iverside County Shentfs Department Crime Statistics Summary October -- 2010 Prepared for 348 0 • 10 11 12 13 CITY OF LA QUINTA Crime Comparison -- October CRIME October October YTD 2010 YTD 2009 2010 2009 AGGRAVATED ASSAULTS 9 8 45 53 BURGLARY 34 58 378 463 BURGLARY - VEHICLE 12 13 147 220 DOMESTIC VIOLENCE 15 7 174 139 HOMICIDE 0 0 1 1 NARCOTICS VIOLATIONS 25 23 213 217 ROBBERY 5 5 19 20 ROBBERY - CAR JACKING 1 0 1 0 SEX CRIME FELONY 7 3 40 51 SEX CRIME MISDEMEANOR 2 1 7 21 SIMPLE ASSAULTS 18 5 78 60 THEFT 55 74 577 691 VEHICLE THEFT 4 3 50 71 CITY OF LA QUINTA Average Response Time October 2010 TYPE OF CALL RESPONSE TIME (MINUTES) NUMBER OF INCIDENTS EMERGENCY 5.6 4 ROUTINE 8.7 1,273 ' Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report. 349 0 0 n LJ Crime Distribution Table Oct-10 % of Total Oct-09 % of Total 1 AGGRAVATED ASSAULTS 9 4.81% 8 4.00% 2 BURGLARY 34 18.18% 58 29.00% 3 BURGLARY - VEHICLE 12 6.42% 13 6.50% 4 DOMESTIC VIOLENCE 15 8.02% 7 3.50% 5 HOMICIDE 0 0.00% 0 0.00% 6 NARCOTICS VIOLATIONS 25 13.37% 23 11.50% 7 ROBBERY 5 2.67% 5 2.50% 8 ROBBERY - CAR JACKING 1 0.53% 0 0.00% 9 SEX CRIME FELONY 7 3.74% 3 1.50% 10 SEX CRIME MISDEMEANOR 2 1.07% 1 0.50% 11 SIMPLE ASSAULTS 18 9.63% 5 2.50% 12 THEFT 55 29.41% 74 37.00% 13 VEHICLE THEFT 4 2.14% 3 1.50% Total 187 95.19% 200 96.00% CITY OF LA QUINTA October2010 Crime Distribution 60 50 40 30 25 j18L 20 9 10 `.I 2 3 r t 2 0 9 L)i C <C 3O O Qz O C w yrn m m r-K 4 r^z m = R�7X m x z CO sn O' rC > Cn^'> (z]-7 C7 OO x� �� j m� m �� n� m a z o a x 350 0 • r-1 LA Month to Month Crime Comparison - October 80 1 11 70 E 60 so FI=❑ 0 October 2010 40 - 30 October 2009 20 mlo zm s00 700 600 s00 400 300 200 0o i �� :J® � �' � �o ' 7. �sa Year to Date Crime Comparison - October , mx aRZ: 'm r- r o a O m YTD 2010 0 YTD 2009 ,...,� 351 Month to Month Calls for Service Comparison October 2010 ® Oct-10 © Oct-09 3,500 3,237 - 3,000 - 2, 2,500 - 1-g95 2,000 - ' 1 1,500 - , 36 , ; ,342 1,000 - 500 - 0- Total Non- Criminal Criminal Year to Date Calls for Service Comparison ❑ YTD 2010 O YTD 2009 30,000 26,245 N. 25,43 25,000 — — 20,000�` 15,209 vd�" 15,000fZi465 .836 10,000 VIF 'a 5,000 0 Total Non -Criminal Criminal 11 352