2011 03 01 CCNOTICE AND CALL OF SPECIAL MEETING
OF THE LA QUINTA CITY COUNCIL
TO THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AND TO THE
CITY CLERK:
NOTICE IS HEREBY GIVEN that a special meeting of the City Council of the City of
La Quinta is hereby called to be held on March 1, 2011 at 2:00 p.m., at La Quinta City
Hall, 78-495 Calle Tampico, La Quinta, California to consider the following:
CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, THOMAS P. GENOVESE,
PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS
AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTIES LOCATED
ON JEFFERSON STREET SOUTH OF WESTWARD HO DRIVE. APNs / PROPERTY OWNERS /
NEGOTIATORS: 600-080-041, SUPPER CLUB GOLF, JIM SNELLENBERGER; 600-070-012,
CHO-PARK, LLC, HANNAH PARK; AND 600-080-001 THROUGH 009, CITY OF LA QUINTA
2. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS,
PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS
AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF CERTAIN REAL PROPERTY
IDENTIFIED AS APN: 600-020-047. PROPERTY OWNER / NEGOTIATOR: VIP MOTOR CARS,
LTD., JERRY JOHNSON AND CITY OF LA QUINTA, THOMAS p. GENO SE, CITY MANAGER
Dated: ). Z 201(
LI DA EVANS, ayor Pro Tem
City of La Quinta, California
Attest:
VERONICA J. MONT INO, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, Veronica J. Mlontecino, City Clerk of the City of La Quinta, do hereby declare that the
foregoing agenda for the La Quinta City Council Special Meeting of March 1, 2011, 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 February 25,
2011.
DATED: February 25, 2011 ( i
Veronica J. honteM4nAity �Clrk
City of La Quinta, California
City Council 1 March 1, 2011
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
TUESDAY, MARCH 1, 2011
SPECIAL MEETING 2:00 P.M. Closed Session
REGULAR MEETING 4:00 P.M. Open Session
Beginning Resolution No. 2011- 013
Ordinance No. 487
CALL TO ORDER
Roll Call:
Council Members: Evans, Franklin, Henderson, Sniff, and Mayor Adolph
PUBLIC COMMENT
At this time, members of the public may address the City Council on any matter not listed
on the agenda. Please complete a "request to speak" form and limit your comments to
three minutes.
CLOSED SESSION
NOTE: Time permitting the City Council may conduct Closed Session discussions during
the dinner recess. In addition, persons identified as negotiating parties are not invited into
the Closed Session meeting when acquisition of real property is considered.
1. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, THOMAS
P. GENOVESE, PURSUANT TO GOVERNMENT CODE SECTION 54956.8
CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION
AND/OR DISPOSITION OF REAL PROPERTIES LOCATED ON JEFFERSON
STREET SOUTH OF WESTWARD HO DRIVE. APNs / PROPERTY OWNERS /
NEGOTIATORS: 600-080-041, SUPPER CLUB GOLF, JIM SNELLENBERGER;
600-070-012, CHO-PARK, LLC, HANNAH PARK; AND 600-080-001
THROUGH 009, CITY OF LA QUINTA, DOUGLAS R. EVANS
e
OJ02
City Council Agenda 1 March 1, 2011
2. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, THOMAS
P. GENO'VESE, PURSUANT TO GOVERNMENT CODE SECTION 54956.8
CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION
AND/OR DISPOSITION OF CERTAIN REAL PROPERTY IDENTIFIED AS APN:
600-020-047. PROPERTY OWNER / NEGOTIATOR: VIP MOTOR CARS,
LTD., JERRY JOHNSON AND CITY OF LA QUINTA, DOUGLAS R. EVANS
RECESS TO CLOSED SESSION AND TO REDEVELOPMENT AGENCY
RECONVENE AT 4:00 P.M.
4:00 P.M.
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT
At this time members of the public may address the City Council on any matter not listed
on the agenda. Please complete a "request to speak" form and limit your comments to
three minutes.
CONFIRMATION OF AGENDA
PRESENTATIONS
PRESENTATION OF THE LA QUINTA LIBRARY AND MUSEUM QUARTERLY
REPORT FOR OCTOBER THROUGH DECEMBER 2010
WRITTEN COMMUNICATIONS — NONE
APPROVAL OF MINUTES
1. APPROVAL OF MINUTES OF FEBRUARY 15, 2011
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 MARCH 1, 2011
2. APPROVAL TO EXCUSE COMMISSIONER ROBERT WRIGHT'S ABSENCE
FROM THE FEBRUARY 17, 2011 HISTORIC PRESERVATION COMMISSION
MEETING
r,
0)03
City Council Agenda 2 March 1, 2011
3. ADOPTION OF A RESOLUTION APPROVING A STREET CLOSURE PERMIT
FOR THE ANNUAL GREATER COACHELLA VALLEY SOAP BOX DERBY TO
BE HELD ON MARCH 19, 2011 ON AVENIDA BERMUDAS
4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR
AND TWO MEMBERS OF THE INVESTMENT ADVISORY BOARD TO
ATTEND THE 2011 CALIFORNIA MUNICIPAL TREASURERS ASSOCIATION
(CMTA) CONFERENCE APRIL 19 - 22, 2011 IN SAN DIEGO, CALIFORNIA
5. APPROVAL OF AN AUDITING SERVICES AGREEMENT WITH CPA FIRM
LANCE, SOLL AND LUNGHARD, LLP
6. APPROVAL TO AWARD A CONTRACT TO MARINA LANDSCAPE, INC. TO
CONSTRUCT THE MILES AVENUE MEDIAN ISLAND LANDSCAPE
IMPROVEMENTS, PROJECT NO. 2010-13
7. APPROVE: THE PURCHASE OF LOANS FROM THE CITY OF LA QUINTA
DEVELOPER IMPACT FEE FUNDS
8. APPROVAL TO APPROPRIATE UNSPENT PROPOSITION 1 B FUNDS FOR USE
ON THE WASHINGTON STREET DUAL LEFT TURN LANES AT AVENUE 48
AND THE WASHINGTON STREET DEDICATED RIGHT TURN LANE AT
EISENHOWER DRIVE, AND APPROVE AMENDMENT NO. 1 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH ALBERT A WEBB
ASSOCIATES FOR ADDITIONAL ENGINEERING SERVICES TO MODIFY THE
SIGNAL AND RAISED MEDIAN AT THE INTERSECTION OF WASHINTON
STREE AND CALLE TAMPICO
9. APPROVAL OF AMENDMENT NO. 4 TO THE EXCLUSIVE NEGOTIATION
AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT
AGENCY, THE CITY OF LA QUINTA, AND VIP MOTOR CARS, LTD., FOR
PROPERTY LOCATED NEAR HIGHWAY 111 AND DUNE PALMS ROAD
BUSINESS SESSION
1 . CONSIDERATION OF A LETTER TO RECEIVE A PIECE OF STEEL FROM THE
PORT AUTHORITY OF NEW YORK
A. MINUTE ORDER ACTION
STUDY SESSION - NONE
0. 0)04
City Council Agenda 3 March 1, 2011
REPORTS AND INFORMATIONAL ITEMS
1. ANIMAL CAMPUS COMMISSION (FRANKLIN)
2. BOB HOPE CLASSIC FUND DISTRIBUTION COMMITTEE (FRANKLIN)
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. INVESTMENT ADVISORY BOARD MINUTES DATED JANUARY 12, 2011
19. COMMUNITY SERVICE COMMISSION MINUTES DATED DECEMBER 13, 2011
DEPARTMENT REPORTS
1. CITY MANAGER - NONE
2. CITY ATTORNEY - NONE
3. CITY CLERK - NONE
4. BUILDING & SAFETY DEPARTMENT REPORT - NONE
5. COMMUNITY SERVICES DEPARTMENT REPORT - NONE
6. FINANCE, DEPARTMENT REPORT - NONE
7. PLANNING DEPARTMENT REPORT - GENERAL PLAN MONTHLY UPDATE
8. PUBLIC WORKS DEPARTMENT REPORT - NONE
9. POLICE DEPARTMENT REPORT - NONE
10. FIRE DEPARTMENT QUARTERLY REPORT - NONE
MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE
RECESS TO REDEVELOPMENT AGENCY MEETING
RECONVENE AT 7:00 P.M.
0• 0]05
City Council Agenda 4 March 1, 2011
7-00 P.M_
PUBLIC COMMENT
At this time members of the public may address the City Council on any matter not listed
on the agenda. Please complete a "request to speak" form and limit your comments to
three minutes.
PRESENTATIONS — NONE
PUBLIC HEARINGS
For all Public Hearings on the agenda, a completed "request to speak" form must be filed
with the City Clerk prior to consideration of that item.
A person may submit written comments to City Council before a public hearing or appear
in support or opposition to the approval of a project. If you challenge a project in court,
you may be limited to raising only those issues you or someone else raised at the public
hearing or in written correspondence delivered to the City Clerk at, or prior to the public
hearing.
1. CONSIDERATION OF AN ORDINANCE AMENDING MUNICIPAL CODE
SECTION 9.60.030, TO PERMIT REVIEW OF ALTERNATIVE FENCE
MATERIALS NOT CURRENTLY IDENTIFIED IN THE CODE, AND SECTION
9.120.020 "TABLE OF PERMITTED USES" TO ADD THE SALE OF GOLF
CARTS AS A CONDITIONALLY PERMITTED USE IN THE GOLF COURSE
ZONING DISTRICT
A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE
FURTHER READING
B. INTRODUCE ORDINANCE NO. ON FIRST READING
ADJOURNMENT
The next regular meeting of the City Council will be held on March 15, 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.
r' 0)06
City Council Agenda 5 March 1, 2011
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 March 1, 2011,
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 February 25, 2011.
DATED: February 25, 2011
,Ai� b r�
VERONICA J. M NTECINO, 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 March 1, 2011
PRESENTATION: l
La Quinta Public Library Quarterly Report
October 2010--December 2010
Circulation
The La Quinta Public Library circulated 61,561 items in the Second Quarter of 2010-
2011. During this three month period the library was open 673 hours with an average
hourly circulation of 91 items
Public Computer Usage
During this quarter, 10,718 computer sessions were logged on the library's 28 public
access computers. This is an 8% increase over the same period of 2009-2010. Public
computers are used by all ages: students use the computers for both recreation and
their school work; tourist and short-term visitors keep in touch with work, family, or
check travel arrangements; and, people that know nothing about computers come for
computer classes. The library also provides Wi-Fi access for residents and visitor with
laptop computers.
Door Count
This quarter 54,125 people visited the library to check out materials, read newspapers
and magazines, utilize the Internet service, attend programs, and purchase books from
the Friends of the Library Book Store. This is a 6% increase over the Second Quarter
of2009-2010.
New Borrowers
In the period between October 1 and December 31 library staff issued 1,134 new library
cards and replaced 398 lost cards. As of December 31, 2010, La Quinta Library had
39,388 registered borrowers.
Weekly Programmin
A Preschool Storytime for children 3'/2 to 5 years old was held ten Tuesday mornings
during the quarter. A total of 447 children attended.
A weekly On -the -Lap Storytime Program for parents with babies and toddlers was held
prior to the Preschool Storytime. Ten programs were attended by 497 participants.
The weekly Conversational Spanish Class is held Monday evenings in the Library
Classroom. The seven sessions were attended by 74 adult students.
Special Programs
Our library, along with libraries across the country, participated in National Snapshot
Day on October 4, 2010. During this day -long celebration of libraries, 63 people were
photographed using the library and talked about what the library meant to them.
On November 11" the library held a very successful celebration for Day of the Dead with
101 people signing the guest book for the event.
O)J8
La Quinta Public Library Quarterly Report
October 2010 to December 2010
Special No -School -Today Movies occur on days when the library is open and students
are out of school. The whole movie experience is replicated from picking up a ticket,
getting popcorn, and watching a new release movie on the big screen (Classroom wall).
Attendance for the two movie days was 169 people.
Volunteers
During this quarter 57 volunteers donated 585 hours of time. Volunteers worked in the
book store, shelved returned books in the library, helped with programs, and performed
a myriad of other tasks. Six of these volunteers were high school students performing
volunteer service to use on college applications and to earn school credits.
Friends of the Library
The La Quinta Friends of the Library continue to offer support in all areas. This quarter
they paid for the; library's movie licensing agreement and purchased a popcorn machine
for the library movie days. Friends also provided incentives for next year's Summer
Reading Program.
Outreach to Schools
Eleven classes from local elementary schools visited the library during the Second
Quarter. The 336 students heard seasonal stories and toured the library. The tours
introduced the children to the variety of books and subjects in the nonfiction section of
our library.
Networking with Other City Agencies
During this Quarter the library provided a monthly preschool story time at the museum
on the first Wednesday of the month.
The joint Library and Senior Center mystery book club that began in September
continued through November. The library provided books and discussion topics while
the Senior Center provided speakers to give background on the subjects.
The library taught three Introduction to Computers programs that tie into the classes
taught by Andy Lorenz at the Senior Center. The library classes teach basic skills
needed to move on to the more advanced classes. The class covers mouse skill, an
introduction to the keyboard, the desk top, and maneuvering about a web page. All
three session were filled to capacity.
1. M
La Quinta Library Expenditures
July 1, 2010 - December 31, 2010
7/1/10 to 10/1/10 to Total Year to
Library Contract Expenditures (LSSI)
9/30/10
12/31/10
Date
Labor & Benefits
$
106,179
$
97,408
$
203,587
Materials, Net of Donations
$
(87)
$
(87)
Utilities
$
-
Automation & Courier
$
23,192
$
25,797
$
48,989
Other Direct Costs
$
5,999
$
3,404
$
9,403
Zone Administration
$
6,844
$
6,395
$
13,239
Shared Costs
$
10,297
$
9,622
$
19,919
Total Library Contract Expenditures
$
152,511
$
142,539
$
295,050_
7/1/10 to 10/1/10 to Total Year to
County Expenditures
9/30/10
12/31/10
Date
Personnel
$
838
$
1,939
$
2,777
Insurance
$
12,852
$
3,273
$
16,125
Miscellaneous Expenses
$
4,151
$
830
$
4,981
Special Program Expenses
$
11,010
$
7,754
$
18,764
Accounting Costs
$
116
$
47
$
163
Travel and Conferences
$
-
Support Services
$
5,024
$
49,050
$
54,074
Total County Expenditures
$
33,991
$
62,892
$
96,883
TOTAL EXPENDITURES $ 186,502 $ 205,431 $ 391,933
r' 0)10
La Quinta Museum Quarterly Report
October 2010—December 2010
Visitors
The 1,448 people who visited the museum this quarter ranged from preschoolers to
adults.
Exhibits
The exhibits on display during this period were Old Hollywood and the Desert Club and
PT Barnum & the Circus. The La Quinta Museum collaborated closely with the La
Quinta Historical Society to produce the Old Hollywood and the Desert Club exhibit.
Programming
Preschool Story Time for children ages 3-5 was held the first Wednesday of each month
for a total of three sessions. Two hundred and one children attended these programs.
The story time programs were a collaboration between the La Quinta Museum and the La
Quinta Library.
The La Quinta Museum worked closely with the La Quinta Historical Society to put
together a carnival in the museum's courtyard during the month of November. One
hundred and seventy-seven people attended the event.
The museum hosted three tours from local organizations with a total of 57 people visiting
the facility.
Other special events attracted 242 visitors to the museum. These events include: the La
Quinta Historical Society's "An Evening With Stars," and two First Friday events
featuring the Evaro's and the Boys & Girls Club Heatwave Jazz Band.
Volunteer Hours
During this quarter eight volunteers donated 53 hours of their time to the museum.
Volunteers greeted visitors at the reception desk and helped set up for special events held
at the museum.
Gift Shop
Total sales in the gift shop this quarter was $1,808.43.
0111
La Quinta Museum Expenditures
July 1, 2010 - December 31, 2010
7/1/10 to 10/1/10 to Total Year to
Museum Personnel Costs
9130/10
12/31/10
Date
Salaries
$
29,625
$ 29,625
$
59,250
Total Personnel Costs
$
29,625
$ 29,625
$
59,250
7/1/10 to
10/1/10 to
Total Year to
Museum Programming Costs
9/30/10
12/31/10
Date
Special Speaker
$
23
$ 8,197
$
8,220
Printing
$
672
$ 844
$
1,516
Total Programming Costs
$
695
$ 9,041
$
9,736
7/1/10 to
10/1/10 to
Total Year to
Other Costs
9/30/10
12/31/10
Date
Travel
$
167
$ 315
$
481
Supplies
$
24,593
$ 22,361
$
46,954
Miscellaneous
$
9,565
$ 522
$
10,087
Total Other Costs
$
34,325
$ 23,197
$
57,522
TOTAL EXPENDITURES $ 64,644 $ 61,863 $ 126,508
0312
=° °z Cep 4 ,W' QaWei
GlMOF n
COUNCIL/RDA MEETING DATE: March 1, 2011
ITEM TITLE: Demand Register Dated
March 1, 2011
RECOMMENDATION:
Approve Demand Register Dated March 1, 2011
BACKGROUND:
Prepaid Warrants:
90734 - 90764}
90765 - 90807}
Voids}
Wire Transfers}
P/R 36282 - 36292}
P/R Tax Transfers}
Payable Warrants:
90808 - 90912}
FISCAL IMPLICATIONS:
Demand of Cash -City
Demand of Cash -RDA
Demand of Cash - HA
Demand of Crash - HA Comm
YJohn
M. Falconer, Finance Director
416,063.44
477,958.24
0.00
2,348,469.81
221,117.99
61,896.14
1,760,027.49
$5,285,533.11
$2,977,836.60
$2,307,696.51
$0.00
$0.00
AGENDA CATEGORY:
BUSINESS SESSION
CONSENT CALENDAR A_
STUDY SESSION
PUBLIC HEARING
1• 0113
CITY OF LA QUINTA
BANK TRANSACTIONS 2/08111 - 2/22/11
2/8111 WIRE TRANSFER -TASC
218/11 WIRE TRANSFER -CORNER ESCROW
2/8111 WIRE TRANSFER - LANDMARK
2/11/11 WIRE TRANSFER- WOLFF WATERS
2/17/11 WIRE TRANSFER - LANDMARK
2/18/11 WIRE TRANSFER - ICMA
2118/11 WIRE TRANSFER - PERS
2118111 WIRE TRANSFER - LQCEA
2/22111 WIRE TRANSFER - OLD REPUBLIC TITLE
TOTAL WIRE TRANSFER OUT
$1,493.59
$79,352.67
$193,079.24
$1,863,923.54
$128,513.38
$22,210.75
$54,734.14
$162.50
$5,000.00
$2 348,469.81
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Tait 4 4 a"
COUNCILIRDA MEETING DATE: March 1, 2011
AGENDA CATEGORY:
ITEM TITLE: Approval to Excuse Commissioner Robert BUSINESS SESSION:
Wright's Absence from the February 17, 2011, y
Historic Preservation Commission Meeting CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Approve a request from Commissioner Robert Wright to be excused from attending the
February 17, 2011, Historic Preservation Commission meeting.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The La Quinta Municipal Code, Section 2.06.020(B) includes the statement: "A board
or commission member may request advance permission from the City Council to be
absent at one or more regular meetings due to extenuating circumstances ... If such
permission or excuse is granted by the City Council, the absence shall not be counted
toward the above -stated limitations on absences."
Staff has discussed this section with all Commissions and, in response, Commissioner
Wright has requested of the City Council to be excused from the February 17, 2011,
Historic Preservation Commission meeting. The request was made prior to the
meeting, but too late to be included in the February 15, 2011, Council packet
(Attachment 1).
1. 0'35
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
Approve Commissioner Wright's request to be excused from the February 17,
2011, Historic Preservation Commission meeting; or
2. Deny Commissioner Wright's request; or
3. Provide staff with alternative direction.
Respectfully su
ning Director
Approved for submission by:
/
Thomas P. Genovese, City Manager
Attachment: 1. Request from Commissioner Wright
OA36
ATTACHMENT 1
Carolyn Walker
From: Bob Wright <bobwrightplants@verizon.net>
Sent: Friday, February 11, 2011 2:24 PM
To: Carolyn Walker
Subject: meeting
Carolyn,
I will not be attending the meeting on the 17th of this month. I have to go to Washington for meetings related to the
Coachella valley Housing Coalition. Can I get this excused by Council? Have a great weekend.
:.E
O'37
T,vf 4 4 0"
COUNCIL/RDA MEETING DATE: March 1, 2011
ITEM TITLE: Adoption of a Resolution Approving a Street
Closure Permit for the Annual Greater Coachella Valley
Soap Box Derby to be Held on March 19, 2011 on
Avenida Bermudas
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 3
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the City Council approving the temporary closure of Avenida
Bermudas between Calle Arroba and Calle Nogales, and the side streets to the west
that connect to Avenida Navarro, for the Annual Greater Coachella Valley Soap Box
Derby on March 19, 2011.
FISCAL IMPLICATIONS:
Funds were included in the Fiscal Year 2010-201 1 budget for this event. The amount
of $2,800 was budgeted for the Soap Box Derby operating materials in the Public
Works Department Account No. 101-7003-431.56-52. The amount of $1,600 was
budgeted for the Soap Box Derby Franchise Fees in the Community Services
Department Account No. 101-3001-451.80-24.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On January 11, 2011, representatives of the Greater Coachella Valley Soap Box Derby
applied for a temporary use permit to hold their annual event on Saturday, March 19,
2011, between the hours of 5:00 a.m. and 7:00 p.m. The Planning Department will
issue Temporary Use Permit 201 1-1012 after they receive comments from potentially
affected agencies.
V38
The proposed race route is identical to the route used in previous years and requires
the closure of Avenida Bermudas between Calle Arroba and Calle Nogales, and closure
of the side streets to the west that connect to Avenida Navarro, which include: Calle
Arroba, Calle Colima, Calle Monterey, Calle Chihuahua, and Calle Nogales. These
streets closures only occur from 5 a.m. to 7 p.m. the day of the race. The vicinity
map for this event is shown in Attachment 1.
Temporary street closures are allowed if the City Council adopts a Street Closure
Resolution pursuant to Municipal Code Section 12.32. If the resolution is adopted, the
Public Works Department will issue an encroachment permit pursuant to Municipal
Code Section 14.16 that requires implementing traffic safety measures including traffic
control signs, barricades, and other safety measures.
The temporary street closure will have minimal impacts on the surrounding area
because other streets adjoining the site are available to provide access to the
surrounding residential properties. The affected property owners will be notified of the
upcoming event pursuant to the conditions of Temporary Use Permit 2011-1012.
Approval of the temporary street closure will not create conditions that may threaten
the public health and safety needs of the community because specific conditions will
be imposed as a part of Temporary Use Permit 2011-1012.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council approving the temporary closure of
Avenida Bermudas between Calle Arroba and Calle Nogales, and the side streets
to the west that connect to Avenida Navarro, for the annual Greater Coachella
Valley Soap Box Derby on March 19, 201 1; or
2. Do not adopt a Resolution of the City Council approving the temporary closure
of Avenida Bermudas between Calle Arroba and Calle Nogales, and the side
streets to the west that connect to Avenida Navarro, for the annual Greater
Coachella Valley Soap Box Derby on March 19, 201 1; or
3. Provide staff with alternative direction.
0'39
Respectfully submitted,
Timothy R Jona n, P.E.
Public Works Director/City Engineer
Approved for submission by:
rl�l. � , �' d' --"�
Thomas P. Genovese, City Manager
Attachment: 1. Soap Box Derby Vicinity Map
0140
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION
TO ALLOW THE TEMPORARY CLOSURE OF AVENIDA
BERMUDAS BETWEEN CALLE ARROBA AND CALLE
NOGALES, AND THE SIDE STREETS TO THE WEST
THAT CONNECT TO AVENIDA NAVARRO, ON MARCH
19, 2011, FROM 5:00 A.M. TO 7:00 P.M. FOR THE
GREATER COACHELLA VALLEY SOAP BOX DERBY
WHEREAS, the Greater Coachella Valley Soap Box Derby has applied for City
Council approval to close Avenida Bermudas between Calle Arroba and Calle
Nogales, and the side streets to the west that connect to Avenida Navarro, for
their special outdoor event to be held March 19, 2011; and
WHEREAS, the City Council on the 1" day of March, 2011, reviewed this
request to temporarily close Avenida Bermudas between Calle Arroba and Calle
Nogales and those interconnecting streets to the west between the hours of 5:00
a.m. and 7:00 p.m.; and
WHEREAS, the City Council finds the following facts and reasons to justify
approval of said temporary street closure:
1. The temporary street closure is allowed based on Chapter 12.32.080 (D) of
the Municipal Code which permits the City Council, by Resolution, to
designate "temporary no parking" areas by placing signs adjacent to the
street curb. The posting of "no parking" signs and installation of traffic
barricades in all areas necessary to ensure traffic safety shall be completed
as required by the Public Works Encroachment Permit.
2. The temporary street closure will have minor impacts on the area because
other streets adjoining the site are available to provide access to the
immediate neighbors surrounding the race event. The affected property
owners will be notified of the upcoming event as required by Temporary Use
Permit 2011-1012.
3. The City can grant an encroachment permit to allow activities on public
streets for specific periods if legitimate reasons are found to allow the
closure and safety standards (Chapter 12.16 of the Municipal Code, Traffic -
Control Devices) are provided, such as traffic barricades and "no parking"
signs to ensure that the public is not "at risk" while attending the special
event.
F41
Resolution No. 2011-
Greater Coachella Valley Soap Box Derby
Adopted: March 1. 2011
Page 2
4. Approval of the temporary street closure will not create conditions that may
threaten the public health and safety needs of the community at the various
events because specific conditions will be imposed and shall be met.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
Section 1 . That the above citations are true and correct and constitute the
findings and requirements of the City Council in this case.
Section 2. The City Council approves the closure of portions of Avenida
Bermudas between Calle Arroba and Calle Nogales, and the side streets to the west
that connect to Avenida Navarro (Attachment 1), from 5:00 a.m. to 7:00 p.m.
subject to conditions imposed by the Public Works and Planning Departments.
Section 3. The City Engineer, or his designee, will issue an Encroachment
Permit (Chapter 14.16 of the Municipal Code) to the Greater Coachella Valley Soap
Box Derby regulating the closure of the streets provided certain traffic control
standards and the Conditions of Approval for Temporary Use Permit 201 1-1012
are met.
Section 4. "No parking" signs will be posted (Chapters 12.16 and 12.32 of
the Municipal Code) as required by the Public Works Director, a minimum of 24-
hours prior to the event. The Riverside County Sheriff's Department will tow any
unauthorized vehicle within this area at the time of the event.
Section 5. In case of bad weather, the City Manager is authorized to
reschedule the street closure provided all conditions of approval under Temporary
Use Permit 2011-1012 are met.
Section 6. The Greater Coachella Valley Soap Box Derby personnel shall
obtain an Encroachment Permit from the Public Works Department, including a
traffic control plan, prior to closing the streets, and make arrangements to install all
traffic safety signs and barricades prior to the closure of said streets.
Section 7. A condition of Temporary Use Permit 201 1-1012 shall be to
have Riverside County Sheriff's Department personnel on hand to assist the
applicant with on -site security and provide traffic control measures needed to carry
out the street closure permit.
Section 8. The City Council authorizes City staff or other assigned safety
personnel to close the event if at any time all safety standards are not being met,
and thus could jeopardize those persons attending the function; and
1. 0-42
Resolution No. 2011-
Greater Coachella Valley Soap Box Derby
Adopted: March 1, 2011
Page 3
Section 9. The City Clerk shall cause this Resolution to be posted after its
adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta City Council, held on this 1s` day of March 2011, 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
1e V43
ATTACHMENT 1
SOAP BOX DERBY STREET CLOSURE
�
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t
��1YJti.
VICINITY MAP
NOT TO SCALE
f. 0-44
Walt 4 4 Quiaraj
COUNCIL/RDA MEETING DATE: March 1, 2011
ITEM TITLE: Authorization for Overnight Travel for
the Finance Director and Two Members of the
Investment Advisory Board to Attend the 2011
California Municipal Treasurers Association (CMTA)
Conference April 19 — 22, 2011 in San Diego,
California
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: _
CONSENT CALENDAR: It
STUDY SESSION:
PUBLIC HEARING:
Approve authorization for overnight travel for the Finance Director and two
members of the Investment Advisory Board to attend the three day 2011 California
Municipal Treasurers Association (CMTA) Conference — April 19 - 22, 2011 in San
Diego, California.
FISCAL IMPLICATIONS:
Account No. 101-4001-415.51-01, Travel and Training, contains $2,500 for two
Investment Advisory Board Members and $1,250 for staff to attend this
conference.
Food ($75 per day each)
$675
Registration ($305 each)
915
Hotel ($400 each)
1,200
Travel ($270 each)
810
Transportation
150
Total
$3,750
CITY IMPLICATIONS:
None.
1- 0'45
BACKGROUND AND OVERVIEW:
The Annual California Municipal Treasurers Association Conference will be held
April 19 — 22, 2011 in San Diego, California.
The conference locations alternate between Northern and Southern California, with
this year's conference being held in Southern California.
The Conference affords staff and the Investment Advisory Board (IAB) to receive
updated information on issues and topics related to Municipal Investments.
(Attachment 1)
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve authorization for overnight travel for the Finance Director and two
members of the Investment Advisory Board to attend the CMTA Conference
in San Diego, California, April 19 — 22, 2011; or
2. Do not approve authorization for overnight travel for the Finance Director and
two members of the Investment Advisory Board; or
3. Provide staff with alternative direction.
Respectfully submitted,
John M. Falconer, Finance Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. CMTA Conference Information
1.. O,4V
ATTACHMENT 1
California Municipal Treasurers Association
2011 Annual Conference
'EXp
April 19-22, 2011
Omni San Diego Hotel
Monday, April 18
12:00 p.m. - 5:00 p.m.
Board Meeting
5:30 p.m. - 6:30 p.m.
Reception
7:00 p.m.
Board Dinner
Tuesday, April 19
8:00 a.m. - 9 a.m.
Continental Breakfast
9:00 a.m. -12:00 p.m.
Preconference Workshop:
PTI Fixed Income Boot Camp
Ben Finkelstein CFA, Instructor,
PUBLIC
Public Treasury Institute, Author of
TREASURY
INSTITUTE
"Politics of Public Fund Investing,"
j__ •- .
and Managing Director/Public
Funds, Cantor Fitzgerald and
Kevin Webb CFA, Instructor, Public
Treasury Institute and SVP/Public Funds,
Cantor Fitzgerald
10:00 a.m. - 4:00 p.m.
Golf Tournament
Coronado Municipal Golf Course
*See separate registration form
12:00 p.m. -1:00 p.m.
Lunch
1:00 P.M. - 5:00 P.M.
Preconference Workshop:
APTUS&C Cash Handling Training
APT US&C Cash Handling Instruction,
Manual and Certificate of Completion
5:30 p.m. - 6:30 p.m.
Ice Breaker Reception for Early
Attendees
�d-ci;i�-,ci:
6:00 a.m. - 7:00 a.m.
Morning Balance & Basketball
7:30 a.m. - 8:30 a.m.
Continental Breakfast
8:45 a.m. - 9:00 a.m.
Color Guard & President's Opening Remarks
9:00 a.m. - 10:00 a.m.
Reinventing Government: It is Time to Recommit
Ted Gaebler, City Manager, City of Rancho Cordova and
Author of Reinventing Government
10:10 a.m. -10:30 a.m.
Break in Exhibit Hall
10:30 a.m. -11:45 a.m.
Rethinking Public Fund Investing
Ben Finkelstein CFA, Instructor, Public Treasury Institute,
Author of "Politics of Public Fund Investing," and Managing
Director/Public Funds, Cantor Fitzgerald
12:00 p.m. -1:30 p.m.
Lunch
Keynote Speaker: David Crane, Special Advisor, Job and
Economic Growth to former Governor Arnold Schwarzenegger
1-45 p.m. - 2:45 p.m.
Benchmarking: Book Rate vs. Total Rate
Rick Phillips, Chief Investment Officer Main Street Capital
Advisors
2:45 p.m. - 3:40 p.m.
Pension and OPEB Reform and Sustainable
Financial Strategies - Your 5-Step Action Plan
Girard Miller, Public Money Columnist for GOVERNING and
Senior Strategist at Public Financial Management
3:40 p.m. - 4:00 p.m.
Break in Exhibit Hall
4:00 p.m. - 5:00 p.m.
How to Set Up an OPEB Trust and a Hybrid DB-DC
Retirement Plan
Girard Miller, Public Money Columnist for GOVERNING and
Senior Strategist at Public Financial Management
5:30 p.m. - 6:30 p.m.
Reception & Golf Awards
Casua/alllre
r 0`48 4
Thursday, April 21
6:00 a.m. - 7:00 a.m.
Morning Balance & Basketball
7:30 a.m. - 8:30 a.m.
Business Session Breakfast & Installation of
Officers
Municipal Regulatory
Deform: Will it Help or
Hinder Local Government
investment Strategies?
Presented by CDIAC
8:30 a.m. - 10:00 a.m. CAL
`()ANIA
National and Regional I E E T AND
INVESTMENT
Economic Conditions Affecting A D I r, E E Y
Treasury Management COMMISSION
Ward McCarthy, Chief Financial
Economist/Managing Director, Jefferies &Company and
Marney Cox, Chief Economist, San Diego Association of
Governments
10:00 a.m. -10:30 a.m.
Break in Exhibit Hall
10:30 a.m. -12:00 p.m.
Fiscal Reform - Regulatory Structures
Jay Goldstone, Chief Operating Officer, City of San Diego
and MSRB Board Member; Kenneth G. Gambone,
Director, Head of Short -Term Public Finance Banking,
Barclays Capital and Carol Lew, Shareholder, Stradling
Yocca Carlson & Rauth
12:00 p.m. -1:30 p.m.
Lunch
Keynote Speaker: Honorable Bill Lockyer,
Treasurer, State of California
1:30 p.m. - 2:30 p.m.
Impact on Cash Management and Investment
Strategies
Pam Milliron, LAIF Administrator, California State
Treasurer's Office, Guy Boccasile, Investment Officer,
City of Ontario and Henry W. Stern, City Treasurer, City
of Anaheim
For a complete description of each CDIAC session offered at
the CMTA conference, please visit www.cmta.org.
2:30 p.m. - 3:30 p.m.
Socially Responsible Investing
Moderator: Karen Avilla, CCMT, City Treasurer, City of Carson
Panel: Duane R Roberts, CFA, Senior Vice President &
Portfolio Manager, Dana Investment Advisors, Inc. and Laura
Tlaiye, SustainabilityAdvisor, The World Bank Capital Markets
Department
3:30 p.m. - 4:15 p.m.
Changing the Way We Communicate -
Social Media & Finance
Moderator: Paul McIntosh, Executive Director, California
State Association of Counties
Panel: Ruben Frias, Creative Director & COO, Fixed Income
Live and Craig Watanabe, CFP, AIF, Penniall & Associates
4:15 p.m. - 5:15 p.m.
Nuts & Bolts
5:30 p.m. - 6:00 p.m.
Home Plate Reception
6:00 p.m. - 7:00 p.m.
Dugout Dining Barbecue
7:00 p.m.
'Take Me Out to the Ball Game"
Padres vs. Phillies at PETCO Park
Friday, April 22
6:00 a.m. - 7:00 a.m.
Morning Balance & Basketball
7:30 a.m. - 9:00 a.m.
Continental Breakfast
9:00 a.m. - 9:45 a.m.
Ethics
JoAnne Spears, Executive Director/Ethics Program Director,
Institute For Local Government
9:45 a.m. -10:00 a.m.
Break in Exhibit Hall
10:00 a.m. -11:00 a.m.
State of the State Budget Outlook
Michael Cohen, Chief Deputy Director of the Department of
Finance
11:00 a.m. -12:00 p.m.
California Local Agency Finance Update
Michael Coleman, Principal Fiscal Advisor, League of California
Cities
0'49 5
ce;,,r of 4vQumrw
COUNCIL/RDA MEETING DATE: March 1, 2011
ITEM TITLE: Approval of an Auditing Services
Agreement with Lance, Soll and Lunghard LLP CPA's
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 5
STUDY SESSION:
PUBLIC HEARING:
Approve a professional services agreement for auditing services with Lance, Soil
and Lunghard, LLP CPA's (Attachment 1) and authorize the City Manager to
execute the agreement.
FISCAL IMPLICATIONS:
The audit fee will be $47,622 for years one through three, and $49,051 for years
four through five, for a total of $240,968.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The consultant services selection process as defined in Resolution 2005-096
provides for a request for proposal process or the renegotiation of existing
consultant services agreement. Further, Resolution 2005-096 provides the
procedures, rules and regulations that shall be applied to the selection of firms and
award of contracts which are not subject to the formal bidding procedures
prescribed in sections 3.32 of the La Quinta Municipal Code.
The City of La Quinta has utilized the services of Lance Soil and Lunghard, LLP
CPA's for professional auditing services, specializing in local government auditing,
for five years. Their contract is set to expire with the completion of the June 30,
2011 audit.
The auditors have provided the City, Redevelopment Agency and Housing and
Finance Authorities with auditing and accounting services which have
0..50
• Produced a CAFR meeting all the requirements necessary to receive the
Government: Finance Officers Association Award for Excellence in Financial
Reporting.
• Met all Federal and State filing requirements for various audits and reports.
• Provided assistance and information to staff when required and helpful
recommendations to management.
It is staff's opinion that Lance, Soil and Lunghard, LLP CPA's performance in the
course of these duties over the last five years has been exemplary. The firm has
provided services in accordance with the requirements of the City professional
services agreement.
Recently Lance, Soil and Lunghard, LLP CPA's underwent a peer review for
compliance with their system of quality control for their accounting and auditing
practice. Recently Lance, Soil and Lunghard, LLP CPA's received the highest
award possible.
Since they are familiar with our accounting system, they will be able to perform an
efficient audit tinder the new Auditing Standards. In addition, the City of La Quinta
will benefit with continuity of the firm, yet have rotated personnel to obtain a
continued level of objectivity.
FINDINGS AND ALTERNATIVES:
The alternatives available to Council are:
1. Approve a professional services agreement authorized by the City Manager
to execute the agreement for auditing services with Lance, Soil and
Lunghard, LLP CPA's;
2. Direct Staff to proceed with a Request for Proposal process;
3. Provide idirection to staff.
Respectfully submitted,
John M. Falconer, Finance Director
t. 0"1bI
Approved for submission by:
A
Thomas P. Genovese, City Manager
Attachment: 1 . Professional Services Agreement
14 0 52
A 1 I ALMIVIt1V I I
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made
and entered into by and between the CITY OF LA QUINTA, ("City"), a California
municipal corporation, and Lance, Sol] and Lunghard, LLP CPA's ("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 audit services, as
specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference (the "services" or "work"). Consultant
warrants that all services will be performed in a competent, professional and
satisfactory manner in accordance with the standards prevalent in the industry for
such services.
1.2 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations and laws
of the City of La Quinta and any Federal, State or local governmental agency of
competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified
herein, Consultant shall obtain at its sole cost and expense such licenses, permits
and approvals as may be required by law for the performance of the services
required by this Agreement. Consultant shall have the sole obligation to pay for
any fees, assessments and taxes, plus applicable penalties and interest, which may
be imposed by law and arise from or are necessary for the performance of the
services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant
warrants that (a) it has thoroughly investigated and considered the work to be
performed, (b) it has investigated the site of the work and fully acquainted itself
with the conditions there existing, (c) it has carefully considered how the work
should be performed, and (d) it fully understands the facilities, difficulties and
restrictions attending performance of the work under this Agreement. Should
Consultant discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by City, Consultant shall immediately
inform City of such fact and shall not proceed except at Consultant's risk until
written instructions are received from the Contract Officer (as defined in Section
4.2 hereof).
0-53
Lance, Soll & Lunghard LLP CPA's
1.5 Care of Work and Standard of Work.
a. Care of Work. Consultant shall adopt reasonable methods during the life
of the Agreement to furnish continuous protection to the work performed by
Consultant, and the equipment, materials, papers and other components thereof to
prevent losses or damages, and shall be responsible for all such damages, to
persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City's own negligence. The performance of
services by Consultant shall not relieve Consultant from any obligation to correct
any incomplete, inaccurate or defective work at no further cost to City, when such
inaccuracies are due to the negligence of Consultant.
b. Standard of Work. Consultant acknowledges and understands that the
services and work contracted for under this Agreement require specialized skills
and abilities and that, consistent with this understanding, Consultant's services and
work will be held to a heightened standard of quality and workmanship. Consistent
with Section 1.4 hereinabove, Consultant represents to City that it holds the
necessary skills and abilities to satisfy the heightened standard of work as set forth
in this Agreement.
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Consultant shall perform services in addition to those specified in the
Scope of Services ("Additional Services") when directed to do so by the Contract
Officer. Consultant shall not perform any Additional Services until receiving prior
written authorization from the Contract Officer. It is specifically understood and
agreed that oral requests and/or approvals of Additional Services shall be barred
and are unenforeceable. Failure of Consultant to secure the Contract Manager's
written authorization for Additional Services shall constitute a waiver of any and all
right to adjustment of the Contract Sum or time due, whether by way of
compensation, restitution, quantum meruit, etc. for Additional Services provided
without the appropriate authorization from the Contract Manager. Compensation
for properly authorized Additional Services shall be made in accordance with
Section 2.2 of this Agreement.
1.7 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the
"Special Requirements"). In the event of a conflict between the provisions of the
Special Requirements and any other provisions of this Agreement, the provisions of
the Special Requirements shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of
Last revised 11-18-10 2
�0"54
Compensation") in a total amount not to exceed Two Hundred Forty Thousand Nine
Hundred Sixty -Eight Dollars ($240,968) (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 0 )
describe in detail the services provided, including time and materials, and (2)
specify each staff member who has provided services and the number of hours
assigned to each such staff member. Such invoice shall contain a certification by a
principal member of Consultant specifying that the payment requested is for work
performed in accordance with the terms of this Agreement. City will pay
Consultant for all expenses stated thereon which are approved by City pursuant to
this Agreement no later than thirty (30) days after invoices are received by the
City's Finance Department.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
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3.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in
Exhibit "C" (the "Schedule of Performance"). Extensions to the time period
specified in the Schedule of Performance may be approved in writing by the
Contract Officer.
3.3 Force: Majeure. The time period specified in the Schedule of Performance
for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control
and without the fault or negligence of Consultant, including, but not restricted to,
acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargoes, acts of any governmental agency
other than City, and unusually severe weather, if Consultant shall within ten (10)
days of the cornmencement 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 July 1, 2011_
and terminate on June 30, 2016 (initial 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. Richard K. Kikuchi, CPA, Partner
b.
C.
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing principals were a substantial inducement for City to
enter into this Agreement. Therefore, the foregoing principals shall be responsible
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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 Thomas P. Genovese or
such other person as may be designated by the City Manager of City. It shall be
Consultant's responsibility to assure that the Contract Officer is kept informed of
the progress of the performance of the services and Consultant shall refer any
decisions, which must be made by City to the Contract Officer. Unless otherwise
specified herein, any approval of City required hereunder shall mean the approval of
the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees
were a substantial inducement for City to enter into this Agreement. Except as set
forth in this Agreement, Consultant shall not contract with any other entity to
perform in whole or in part the services required hereunder without the express
written approval of City. In addition, neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior
written approval of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode or means by which Consultant, its agents or
employees, perform the services required herein, except as otherwise set forth.
Consultant shall perform all services required herein as an independent contractor
of City and shall remain at all times as to City a wholly independent contractor with
only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents
or employees of City.
4.5 City Cooperation. City shall provide Consultant with any plans,
publications, reports, statistics, records or other data or information pertinent to
services to be performed hereunder which are reasonably available to Consultant
only from or through action by City.
5.0 INSURANCE AND INDEMNIFICATION.
5.1 Insurance. Prior to the beginning of and throughout the duration of the
Work performed under this Agreement, Consultant shall procure and maintain, at
its cost, and :submit concurrently with its execution of this Agreement, personal
and public liability and property damage insurance against all claims for injuries
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and public liability and property damage insurance against all claims for injuries
against persons or damages to property resulting from Consultant's acts or
omissions rising out of or related to Consultant's performance under this
Agreement. The insurance policy shall contain a severability of interest clause
providing that the coverage shall be primary for losses arising out of Consultant's
performance hereunder and neither City nor its insurers shall be required to
contribute to any such loss. A certificate evidencing the foregoing and naming City
and its officers and employees as additional insured (on the general liability policy
only) shall be delivered to and approved by City prior to commencement of the
services hereunder.
The following policies shall be maintained and kept in full force and effect
providing insurance with minimum limits as indicated below and issued by insurers
with A.M. Best ratings of no less than A -:VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers' Compensation
(per statutory requirements)
Consultant shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or damages to property
arising out of the use of any automobile by Consultant, its officers, any person
directly or indirectly employed by Consultant, any subcontractor or agent, or
anyone for whose acts any of them may be liable, arising directly or indirectly out
of or related to Consultant's performance under this Agreement. If Consultant or
Consultant's employees will use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability coverage for each such
person. The term "automobile" includes, but is not limited to, a land motor vehicle,
trailer or semi -trailer designed for travel on public roads. The automobile insurance
policy shall contain a severability of interest clause providing that coverage shall be
primary for losses arising out of Consultant's performance hereunder and neither
City nor its insurers shall be required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts,
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errors or omissions of the consultant and "Covered Professional Services" as
designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 per claim and in the
aggregate. The policy must "pay on behalf of" the insured and must include a
provision establishing the insurer's duty to defend. The policy retroactive date shall
be on or before the effective date of this agreement.
Consultant shall carry Workers' Compensation Insurance in accordance with
State Worker's Compensation laws with employer's liability limits no less than
$1,000,000 per accident or disease.
All insurance required by this Section shall be kept in effect during the term of
this Agreement and shall not be cancelable without thirty (30) days written notice
to City of proposed cancellation. The procuring of such insurance or the delivery of
policies or certificates evidencing the same shall not be construed as a limitation of
Consultant's obligation to indemnify City, its officers, employees, contractors,
subcontractors, or agents.
5.2 Indemnification.
a. General Indemnification Provision.
1. Indemnification for Professional Liability. When the law
establishes a professional standard of care for Consultant's Services, to the fullest
extent permitted by law, Consultant shall indemnify, protect, defend and hold
harmless City and any and all of its officials, employees and agents ("Indemnified
Parties") from and against any and all claims, losses, liabilities of every kind, nature
and description, damages, injury (including, without limitation, injury to or death of
an employee of Consultant or subconsultants), costs and expenses of any kind,
whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees
of expert consultants or expert witnesses incurred in connection therewith and
costs of investigation, to the extent same are cause in whole or in part by any
negligent or wrongful act, error or omission of Consultant, its officers, agents,
employees or subconsultants (or any entity or individual that Consultant shall bear
the legal liability thereof) in the performance of professional services under this
agreement. With respect to the design of public improvements, the Consultant
shall not be liable for any injuries or property damage resulting from the reuse of
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
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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.
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
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Parties") from and against any and all claims, losses, liabilities of every kind, nature
and description, damages, injury (including, without limitation, injury to or death of
an employee of Consultant or subconsultants), costs and expenses of any kind,
whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees
of expert consultants or expert witnesses incurred in connection therewith and
costs of investigation, that arise out of, pertain to, or relate to, directly or
indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of
Consultant, any subconsultant, anyone directly or indirectly employed by them or
anyone that they control.
3. Design Professional Defined. As used in this Section 5.2(b),
the term "design professional" shall be limited to licensed architects, registered
professional engineers, licensed professional land surveyors and landscape
architects, all as defined under current law, and as may be amended from time to
time by Civil Code § 2782.8.
5.3 Remedies. In addition to any other remedies City may have if Consultant
fails to provide or maintain any insurance policies or policy endorsements to the
extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Consultant to stop work under this Agreement and/or
withhold any payment(s) which become due to Consultant hereunder until
Consultant demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies for
Consultant's failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractors' performance of work
under this Agreement.
5.4 General Conditions pertaining to provisions of insurance coverage by
Consultant. Consultant and City agree to the following with respect to insurance
provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials,
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employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Consultant, or Consultant's employees, or agents, from
waiving the right of subrogation prior to a loss. Consultant agrees to waive
subrogation rights against City regardless of the applicability of any insurance
proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and
available or applicable to this agreement are intended to apply to the full extent of
the policies. Nothing contained in this Agreement or any other agreement relating
to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that has
not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would
serve to eliminate so-called "third party action over" claims, including any exclusion
for bodily injury to an employee of the insured or of any contractor or
subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises.
Consultant shall not make any reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discovery period) that may affect City's
protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Consultant's general liability policy, shall be
delivered to City at or prior to the execution of this Agreement. In the event such
proof of any insurance is not delivered as required, or in the event such insurance is
canceled at any time and no replacement coverage is provided, City has the right ,
but not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other agreement and to pay the premium. Any premium so paid
by City shall be charged to and promptly paid by Consultant or deducted from
sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30)
days notice to City of any cancellation of coverage. Consultant agrees to require
its insurer to modify such certificates to delete any exculpatory wording stating
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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
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
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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. Spe6fic reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or
insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and
distinct from any other provision in this agreement and are intended by the parties
here to be interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge
City or Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
Last revised 11-18-10 12
requirements. There shall be no recourse against City for payment of premiums or
other amounts with respect thereto.
Consultant: agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this agreement. City
assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve City.
6.0 RECORDS AND REPORTS.
6.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning Consultant's performance of the services required
by this Agreement as the Contract Officer shall require.
6.2 Records. Consultant shall keep such books and records as shall be
necessary to perform the services required by this Agreement and enable the
Contract Officer to evaluate the cost and the performance of such services. Books
and records pertaining to costs shall be kept and prepared in accordance with
generally accepted accounting principals. The Contract Officer shall have full and
free access to such books and records at all reasonable times, including the right to
inspect, copy, audit, and make records and transcripts from such records.
6.3 Ownership of Documents. Originals of all drawings, specifications,
reports, records, documents and other materials, whether in hard copy or electronic
form, which are prepared by Consultant, its employees, subcontractors and agents
in the performance of this Agreement, shall be the property of City and shall be
delivered to City upon termination of this Agreement or upon the earlier request of
the Contract Officer, and Consultant shall have no claim for further employment or
additional compensation as a result of the exercise by City of its full rights of
ownership of -the documents and materials hereunder. Consultant shall cause all
subcontractors to assign to City any documents or materials prepared by them, and
in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages suffered thereby.
In the event City or any person, firm or corporation authorized by City reuses
said documents and materials without written verification or adaptation by
Consultant for the specific purpose intended and causes to be made or makes any
changes or alterations in said documents and materials, City hereby releases,
discharges, and exonerates Consultant from liability resulting from said change.
The provisions of this clause shall survive the completion of this Contract and shall
thereafter remain in full force and effect.
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6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of
services under this Agreement shall not be released publicly without the prior
written approval of the Contract Officer or as required by law. Consultant shall not
disclose to any other entity or person any information regarding the activities of
City, except as required by law or as authorized by City.
7.0 ENFORCEMENT OF AGREEMENT.
7.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising
out of or in relation to this Agreement shall be instituted in the Superior Court of
the County of Riverside, State of California, or any other appropriate court in such
county, and Consultant covenants and agrees to submit to the personal jurisdiction
of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party :shall notify the injuring party in writing of its contentions by
submitting a claim therefore. The injured party shall continue performing its
obligations hereunder so long as the injuring party commences to cure such default
within ten (10) days of service of such notice and completes the cure of such
default within forty-five (45) days after service of the notice, or such longer period
as may be permitted by the Contract Officer; provided that if the default is, an
immediate danger to the health, safety and general welfare, City may take such
immediate action as City deems warranted. Compliance with the provisions of this
section shall be a condition precedent to termination of this Agreement for cause
and to any legal action, and such compliance shall not be a waiver of any party's
right to take legal action in the event that the dispute is not cured, provided that
nothing herein shall limit City's right to terminate this Agreement without cause
pursuant to Section 7.7.
7.3 Retention of Funds. City may withhold from any monies payable to
Consultant sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City due to the default of
Consultant in the performance of the services required by this Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or remedy of a
non defaulting party on any default shall impair such right or remedy or be
construed as a waiver. City's consent or approval of any act by Consultant
requiring City's consent or approval shall not be deemed to waive or render
unnecessary City's consent to or approval of any subsequent act of Consultant.
Any waiver by either party of any default must be in writing and shall not be a
Last revised l 1-18-10 14 0 ^ 66
waiver of any other default concerning the same or any other provision of this
Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and
remedies of the parties are cumulative and the exercise by either party of one or
more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other
default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party
may take legal action, at law or at equity, to cure, correct or remedy any default,
to recover damages for any default, to compel specific performance of this
Agreement, to obtain injunctive relief, or to obtain any other remedy consistent
with the purposes of this Agreement.
7.7 Termination Prior To Expiration Of Term. This section shall govern any
termination of this Agreement, except as specifically provided in the following
Section 7.8 for termination for cause. City reserves the right to terminate this
Agreement at any time, with or without cause, upon thirty (30) days' written
notice to Consultant. Upon receipt of any notice of termination, Consultant shall
immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Consultant shall be entitled to compensation for
all services rendered prior to receipt of the notice of termination and for any
services authorized by the Contract Officer thereafter in accordance with the
Schedule of Compensation or such as may be approved by the Contract Officer,
except as provided in Section 7.3.
7.8 Termination for Default of Consultant. If termination is due to the failure
of Consultant to fulfill its obligations under this Agreement, City may, after
compliance with the provisions of Section 7.2, take over work and prosecute the
same to completion by contract or otherwise, and Consultant shall be liable to the
extent that the total cost for completion of the services required hereunder exceeds
the compensation herein stipulated (provided that City shall use reasonable efforts
to mitigate such damages), and City may withhold any payments to Consultant for
the purpose of setoff or partial payment of the amounts owed City as previously
stated in Section 7.3.
7.9 Attorneys' Fees. If either party commences an action against the other
party arising out of or in connection with this Agreement, the prevailing party shall
be entitled to recover reasonable attorneys' fees and costs of suit from the losing
party.
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8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
8.1 Non -liability of City Officers and Employees. No officer or employee of
City shall be personally liable to Consultant, or any successor in interest, in the
event or any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this
Agreement.
8.2 Conflict of Interest. No officer or employee of City shall have any
personal interest, direct or indirect, in this Agreement nor shall any such officer or
employee participate in any decision relating to the Agreement which affects his or
her personal interest or the interest of any corporation, partnership or association in
which she or he is, directly or indirectly, interested, in violation of any State statute
or regulation. Consultant warrants that it has not paid or given and will not pay or
give any third party any money or general consideration for obtaining this
Agreement.
8.3 Covenant against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them,
that there shall be no discrimination against or segregation of, any person or group
of persons on account of race, color, creed, religion, sex, marital status, national
origin or ancestry in the performance of this Agreement. Consultant shall take
affirmative action to insure that applicants are employed and that employees are
treated during employment without regard to their race, color, creed, religion, sex,
marital status, national origin or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give the other party or any other person shall
be in writing and either served personally or sent by prepaid, first-class mail to the
address set forth below. Either party may change its address by notifying the other
party of the change of address in writing. Notice shall be deemed communicated
forty-eight (48) hours from the time of mailing if mailed as provided in this section.
To City:
CITY OF LA QUINTA
Attention: Thomas P. Genovese
City Manager
78-495 Calle Tampico
P.O. Box 1504
La Quinta, California 92247-1504
To Consultant:
Lance, Soil and Lunghard, LLP, CPA's
203 N. Brea Blvd., Ste. 203
Brea, California 92821
Attn: Mr. Richard K. Kikuchi
CPA, Partner
Last revised I1-18-10 16 ®, C 8
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 Seve:rability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable by a valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the
intent of the parties hereunder.
9.5 Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by so executing this Agreement the parties hereto
are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA a California municipal corporation
Thomas P. Genovese, City Manager Date
ATTEST:
Veronica J. Montecino, CMC, City Clerk
Last revised II.18-10 17
•- 0' 69
APPROVED AS TO FORM:
M. Katherine Jenson, City Attorney
CONSULTANT: Lance, Soll and Lunghard, LLP, CPA's
Name: Richard K. Kikuchi, CPA
Title: Partner
Date:
Last revised 11-18-10 18 �& O O
Exhibit A
Scope of Services
Lance, Soll & Lunghard, LLP
Certified Public Accountants
Proposed Auditing Fees
February 14, 2011
The auditing fees proposed below are based upon the financial information comprising the
City of La Quirita. Should operations of the entities change significantly in future years,
then the fees shown below would be subject to further negotiation. Additionally, the fees
below are based upon the assumption that accounting functions would be performed and
minimal adjustments would be required. To the extent that this is not the case, the fees
shown below would be subject to further negotiation. We do not charge extra for meeting
with the governing boards of the respective entities or for the preparation of comfort or
other letters to underwriters for the inclusion of our report in official statements. Also
included in the proposed fees are 40 hours of executive time each year, to be used by the
City and Agency for answering and researching of accounting and other technical matters
raised by the City. These hours, which are provided by partners and managers, are above
and beyond the time associated within the scope of the audit. On the pages that follow are
the schedule of rates by professional staff classifications, which included the anticipated
distribution of hours per staff classification.
For purposes of this proposal, Lance, Soll & Lunghard certifies that the individual signing
below is a general partner in the partnership and empowered to submit this bid.
Additionally, this individual is authorized to execute a contract with the City of La Quinta for
the services specified in this proposal.
RICHARD K. KIKUCHI, CPA
PARTNER
0"71
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in
Section 2.2 of this Agreement, the maximum total compensation to be paid to
Consultant under this Agreement is $240,968 ("Contract Sum"). The Contract
Sum shall be paid to Consultant in installment payments made on a monthly basis
and in an amount identified in Consultants Schedule of Compensation attached
hereto for the work tasks performed and properly invoiced by Consultant in
conformance with Section 2.2 of the Agreement.
City of La Quinta
Lance, Soil & Lunghw4 UP - Quote for Audit Services
2012
2013
2014
2015
2016
City
$ 35,627
$ 35,627
$ 35,627
$ 36,696
$ 36,696
RDA and Housing Authority
10,472
10,472
10,472
10,786
20,786
Financing Authority
2,523
1,523
1,523
1,569
1,569
Total
$ 47,622
$ 47,622
$ 47,622
$ 49,061
$ 49,051
Lance, Soll & Lunghard LLP CPA's
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.
6+ 0']73
Last revised 11-18-10
Annual Total
Partners
Managers
Supervisory staff
Staff
Other (specify):
Rounding
Subtotal
SCHEDULE OF PROFESSIONAL FEES AND EXPENSES
FOR THE AUDIT OF THE FINANCIAL STATEMENTS
Standard
Quoted
Hourly
Hourly
Hours
Rate
Rate "
Total
45.00
205.00
195.00
8,770.00
69.00
120.00
114.00
7,870.00
103.00
100.00
95.00
9,790.00
248.00
90.00
86.00
21,210.00
Total for services described in narrative
section of RFP (Detail on subsesquent pages)
Out-of-pocket expenses:
Meals and lodging
Transportation
Report word processing and printing
Other (specify)
Total all-inclusive maximum price for audit
(18.00)
465.00 515.00 490.00 47,622.00
47,622.00
Included
Included
Included
Included
47,622.00
1. Q.'74
Annual Total
Partners
Managers
Supervisory staff
Staff
Other (specify):
Rounding
Subtotal
Total for services described in narrative
section of RFP (Detail on subsesquent pages)
Out-of-pocket expenses:
Meals and lodging
Transportation
Report word processing and printing
Other (specify)
Total all-inclusive maximum price for audit
Standard
Quoted
Hourly
Hourly
Hours
Rate
Rate **
Total
45.00
205.00
201.00
9,030.00
69.00
120.00
118.00
8,110.00
103.00
100.00
98.00
10,090.00
248.00
90.00
88.00
21,850.00
(29.00)
465.00 515.00 505.00 49,051.00
49,051.00
Included
Included
Included
Included
49,051.00
0'75
2
Exhibit D
Special Requirements
1►[0P►IA
Lance, Soil & Lunghard LLP CPA's '. 0 , 7 6
Tw�t 4 4 a"
COUNCIL/RDA MEETING DATE: March 1, 2011
ITEM TITLE: Approval to Award a Contract to Marina
Landscape, Inc;. to Construct the Miles Avenue Median
Island Landscape Improvements, Project Number 2010-
13
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Award a contract with Marina Landscape, Inc. in the amount of $115,811, to
construct the Miles Avenue Median Island Landscape Improvements, Project Number
2010-13, and authorize the City Manager to execute the contract.
FISCAL IMPLICATIONS:
The following its the projects requested funding and .funding sources for the Miles
Avenue Median Landscape Improvements, CIP No. 2010-13:
RDA Project Area No. 2
Total Funding Available:
$247,643
$247,643
Considering the; lowest responsive bid received from Marina Landscape, Inc., in the
amount of $1 15,81 1, the following is the anticipated budget to complete the project:
Design: $18,800
Inspection/Testing/Survey: $18,330
Construction: $1 15,81 1
Contingency: $94,702
Total: $ 247,643
CHARTER CITY IMPLICATIONS:
The project is funded with Redevelopment Agency Project Area No. 2 funds.
Therefore, prevailing wages will be required on this project.
BACKGROUND AND OVERVIEW:
In 2001, the developers of the Wild Flower and Sunflower developments in La Quinta
constructed the median curb to the south of their projects on Miles Avenue east of
Dune Palms (Attachment 1). These developers on the north side of Miles in La Quinta
also posted a bond for $44,588 for their share of future improvements to the median,
which was estimated to have a total cost between $250,000 and $300,000 to install
full landscaping and irrigation improvements.
When the John Glenn Middle School was also constructed in 2001, the Desert Sands
Unified School District (DSUSC) was required to construct the left turn pocket within
the aforementioned median in order to create a left turn into the entrance to the middle
school.
Since one half of the median lies in the City of Indio and one half lies in the City of La
Quinta a Memorandum of Understanding (MOU) was prepared by the City of La Quinta
between the two cities to allow for a cost sharing for both the design and construction
of the improvements (50% for each city) which was forwarded to the City of Indio on
June 18`", 2008. The estimated cost of construction at that time was $216,000.
Through a series of discussions between staff of the two cities, two redesigns were
undertaken between July of 2008 and October 2009 in order to lower the cost of the
project. The MOU was also revised to reflect a construction cost of no more than
$150,000 which was transmitted to the City of Indio in October 2009. Unfortunately
Indio was unable to commit funds to the revised project.
On August 3, 2010 staff presented four alternatives to the City Council to provide
interim landscaping for the medians using combinations of disintegrated granite (DG),
boulders and artificial turf. Council directed staff to prepare PS&E using a combination
of artificial turf, disintegrated granite, trees, plants, and boulders. The City Manager
approved Contract Amendment No. 3 with David Evans & Associates on August 30,
2010 to redesign the median landscape plans based on Council's direction.
On December i', 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 Miles Avenue
Median Landscape Improvements; appropriating funding and approving the inclusion of
the Miles Avenue Median Landscape within the Fiscal Year 2010-201 1 CIP; approving
the PS&E; and authorizing staff to advertise the project for bid.
On December 7, 2010, the Redevelopment Agency adopted a Resolution of the
Redevelopment Agency 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 Miles Avenue Median Landscape Improvements.
Since half of the project lies within the City of Indio, the Indio City Council also made a
finding allowing the use of RDA funds during its December 1, 2010 meeting.
On February 9, 2011, five (5) sealed bids were received for the construction of this
project. A detailed bid comparison summary is provided for the City Council's review
as Attachment 2. Marina Landscape, Inc. submitted the lowest responsive bid in the
amount of $115,811.
Contingent upon City Council approval to award the project for construction on
March 1, 2011, the following is the anticipated project schedule:
City Council Awards Contract
Sign Contracts and Mobilize
Construction (45 working days)
Project Closeout
FINDINGS AND ALTERNATIVES:
March 1, 2011
March 2, 2011 to April 8, 2011
April 11, 2011 to June, 2011
July, 2011
Alternatives available to the City Council include:
1 . Award a contract with Marina Landscape, Inc. in the amount of $115,811, to
construct the Miles Avenue Median Island Landscape Improvements, Project
Number 2010-13, and authorize the City Manager to execute the contract; or
2. Do not award a contract with Marina Landscape, Inc. in the amount of
$115,811, to construct the Miles Avenue Median Island Landscape
Improvements, Project Number 2010-13, and do not authorize the City Manager
to execute the contract; or
3. Provide staff with alternative direction.
Respectfully submitted,
cA.dvY�
othy R. J nasso .E.
Public Works Directo /City Engineer
Approved for submission by:
rl- X44
Thomas P. Genovese, City Manager
Attachments: 1. Vicinity Map
2. Bid Comparison Summary
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ATTACHMENT 2
s
4P 6Zumrcv
AGENDA CATEGORY:
cEM OF 1'Ke'9
BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: March 1, 2011
CONSENT CALENDAR:
ITEM TITLE: Approve the Purchase of Loans from the STUDY SESSION:
City of La Quinta Developer Impact Fee Funds
PUBLIC HEARING:
RECOMMENDATION:
Approve the City's purchase of the La Quinta Redevelopment Agency's loans to
the City of La Quinta Developer Impact Fee Funds, if the City Manager deems it
appropriate, appropriate the funds necessary to fund the purchase, and authorize
the City Manager to execute the necessary documentation to transfer the loan from
the Agency to the City.
FISCAL IMPLICATIONS:
The outstanding principal and interest is calculated quarterly with $4,226,564
outstanding as of December 31, 2010 as follows:
The
outstanding principal
and interest
will be updated to the actual
cash
repayment
investmentt)83
date.
Interest on the loans
is computed
using the monthly pooled
rate. The City's purchase of these loans would be at their outstanding principal
and interest outstanding market value at the date of purchase.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The La Quinta Redevelopment Agency has loaned funds to three Developer Impact
Fee (DIF) Funds — Park DIF, Library DIF and Fire DIF. These loans were used to
accelerate the construction of the La Quinta Park, Public Library, and the North Fire
Station. The loans are being paid back to the Agency with DIF funds as they are
collected on a quarterly basis (Attachment 1).
With the Governor's proposal to eliminate the Redevelopment Agencies, the
potential impact on these loans is uncertain.
Staff is recommending that these loans be purchased by the City from the General
Fund, if the City Manager deems it appropriate, to protect their collectability.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
Approve: the City's purchase of the La Quinta Redevelopment Agency's loans
to the City of La Quinta Developer Impact Fee Funds, if the City Manager
deems it appropriate, appropriate the funds necessary to fund the purchase,
and authorize the City Manager to execute the necessary documentation to
transfer the loan from the Agency to the City.
2. Do not approve the sale of the loans to the City of La Quinta Developer
Impact Fee Funds.
3. Provide staff with alternative direction.
Respectfully submitted,
John M. Falconer, Finance Director
01184
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Loan Balances — Park, Library, and Fire DIF Loans
,- 0'85
H 1 1 AOL ri1vIC1V 1 1
CBy pI V Oui6ta
Park DIF PAvanm
FUN 251
AN Sal 05
Repayment
Balanro
InI Exp 405
Cumulative
Repayment
Cumulativ0 Iaartaa
aR
Balance, IRWIN
1.249,727.W
1,249.727.W
7/tN2
1249,912.0
1219.917W
2.562,33
2,56233
-
2,562.33
246%
89N2
1.M,770.04
1.266,770.N
2586,32
5.14865
-
5.14865
245%
9/IN2
1]W.58909
t]3S589.09
3,547)1
8.6911.311
8.ewm
246%
MIN
1,910,44710
1,910,447,10
3,8]8.81
12533.17
-
12.533.17
341%
11/1N2
2, 170.10335
2,170, 10336
4,195,63
16,7287D
16,72620
23M6
1VIAU
2,185805.N
2.185.80599
4061.0
20.70M
20,I90.66
223%
MAN
2.18),040.0
2,187,040.00
3US 55
24638.21
-
VAN 21
2,11%
VIAW
2,398,247.W
2398.24700
3,977.09
2861330
28,81330
10%
LIN3
0,322.84100
3.327,841N
5.574.13
34.16743
-
34,18743
201%
4/1/03
3,35a,U402
3358,W 02
5.54209
39129,52
-
39,72952
1.98%
911AN
aW29792
3.662.9 792
5677S7
4540709
45,40709
186%
WAYS
3,781,859W
3,781,859.58
5452.IS
50,859.27
.SO 859.27
173%
7111W
3,785,53275
3.78553275
5,236.85
5609592
-
W.09592
10%
WIN
3.282,49527
3.702,495.27
520093
61.298.85
-
0129685
165%
W1103
3,834,39096
3834,390.96
5,272.29
66,569.14
-
6856914
165%
IN1103
4032$2833
4,037,526,33
5,349.72
71,918IS
71.918N
159%
11/IA03
4,012,219.95
4,012.21995
5.483.37
77.40223
77,402,23
164%
1VIAN
4,031229.SO
4,03122980
5610.13
8301236
-
0301236
167%
111M
4090.057,42
4.090.05742
5.385.24
88.397.W
88,397.60
1.58%
VIA34
4.100,760,55
4.100PRO .55
5638.55
94,030.IS
-
94,035.15
1.65%
WlM
4116,035.08
4,116,030.00
5,14505
99,18130
-
9918, 20
1.50%
4/1/04
4,152,W4.55
4,452504.55
5.19063
l0a,3718]
104,321.03
1.50%
5/1M
4.168,374.55
4J66.394.55
5346,65
109,71860
IN718,68
IU%
&1/04
4,167.911.77
(924,19.12)
4075.46265
5,557.22
115.275.SO
(115,275.90)
160%
3/1Po4
4,075,46265
4,025,46265
589097
5,090.97
-
5890W
1,73%
WlM
4W5,482M
4,07546265
5,891 al
11,782.86
-
11782.N
173%
9/1A14
4.017,562N
477.562.34
808424
17,867,10
-
17.8l
1.79%
IWIM
4,085.880.88
4.085,556.88
609751
23,95461
23,96461
179%
11/1A14
4,088,162.93
4.086.182,93
6.09884
30.06345
30,06345
1.79%
1VIN4
4,090,53039
4.090,53039
6,10533
36.16878
(38,168.78)
179%
VIA05
4.092,18039
4,092,18039
862030
6820,30
8620.30
2.00%
VIAN
4,0%.45539
4,090.455,39
7,39430
14,21460
14,2t4 N
2.17%
WARS
4.095,45539
(17501K)NR
3,923455.39
7 88460
2189920
(21899.20)
2,25%
411105
3,923,45539
3923,455.39
7412W
7.412.W
7,41206
227%
5/1M
3.92345539
3.923,45539
8.08559
1549765
15,49765
2,47%
8/1N5
3,923,455.39
(483, 105941
3,440,34945
8,173.87
23671.52
(23671.52)
2.50%
VIM
3.440.]4945
3,µ0,34945
7,59744
7,59744
7,59744
285%
MAN
3440,U945
3µ0,349.45
756877
15.16621
15.166.21
264%
&1N5
3440,34945
(293,34350)
3,142WS 65
791280
23,07901
(23,07901)
276%
10/1MS
3, 147ON 65
3.147 DOS 65
9W882
9.068.62
9W862
3.46%
11I1N5
3.147.005.65
3, 147,WS 65
9.53543
18,60405
16.604.05
364%
IVIAN
3,142,00565
(134,09904)
3012,9W,51
9965.52
2SM957
(28,56957)
380%
111M
3,012,906.61
3.012,906.61
9931.19
9931.19
9.931.19
396%
V11M
3,012.W8.61
3.012.90681
10, 150,98
20082.1]
N082.17
404%
31IM
3,012,906.61
(437,556.13)
2.571,15148
1039955
30.48172
(30,48172)
4.14%
4flM
2,575,35046
2.57535048
9,035.19
9,035. 19
903519
421%
WIM
2.525,350.48
2,575,35048
922834
182NS3
19,2053
430%
VIM
2,575.35048
(314.622.86)
2260.21112
M11,41
2828594
R8285.941
4.67%
711108
2,260,72262
2360,72262
892987
892987
8929,02
474%
VIM
2,26022762
2.20,72752
9,287.82
18,217.69
1821769
4.93%
9/1M
2260,72202
2,26872762
930666
27,52435
(2752435)
494%
10/11W
22W72762
2,26022]62
941970
9,41970
941970
S.W%
1111M
3.280.22262
2260,72762
9.48564
18,905H
10,905.A
504%
1btM
2,260.222.52
(150,71749)
2.080.910.3
9,54027
2844561
(2844561)
5W%
1/1M2
2,00,010.13
2,000,0$013
3,961.38
8.9l
8,981.30
5.17%
VlR)7
2,080010.13
2080,010.13
89%04
17,95742
1795742
5.19%
V1N7
2.080,010.13
(88,W1103)
1.W2 NIS 10
8.928.71
MAMAS
(26,884,13)
5.15%
4IIN7
1992.m 10
19920W.10
8.83203
883203
0,632.03
520%
511N2
1,992,0013,10
1,992.0W.10
8,333.23
16,0526
16.90525
502%
611g2
1.992.00510
036.58391)
1,853,44219
aNa 83
25.5&.09
(25,56409)
518%
2/1N1
1,853,442. 19
1853,442.19
804703
aN703
8,047.03
521%
811N2
1,853,442.19
1,853442.19
298525
16,03228
1603228
5.17%
9tlN7
1853.442,19
(32,12392)
182131827
7,96980
24013208
(24002.08)
5,16%
IW1107
1,821.31827
1,821.310.27
7,740.W
7748.90
7.74690
5,11%
111M7
1,82131827
1.82131827
7.627,52
15,32842
15.37642
503%
IVIM7
1,V1,31027
(383199)
181748628
7,55159
22.928 Ot
(22,US 01)
496%
111MO
1.812,408.28
1,a 17,485,28
6,936.14
893674
6930.24
4,58%
VM
1817,48628
1817.48628
6.240N
13,176.78
13, 176,78
4.12%
3/1008
1,817,43628
(246,67613)
1,570,809 35
6.058.29
19235.02
(19,235.07)
400%
4/M
1.57080935
1,57080935
445063
4,45063
445063
340%
WlM
1570,809.35
1570,809.35
402127
8.47190
8471.90
307%
VIM
1.570,BN 35
(57,23583)
1,513.573.52
378827
12,260.17
(12,260.17)
189%
7/1108
1,513.57352
1,513,57152
3,493.83
3493,83
3,49383
277%
8/1=
IS13,573.52
1513,57352
363258
7.126.41
7,12941
288%
SWIAW
1.513,57352
(45,826.02)
1467.745.SO
3241,57
IS 36798
(10,35798)
257%
1011M
1467,745W
1467, 745.W
3,187.81
3, 18751
3,187.81
2.61%
1111M
1,46774550
IA7,745SO
2,885,57
6,07438
8074.38
2,36%
IVIM
1,467245.W
146],745.50
173187
78W.25
780625
142%
111M
1.07,745.W
1467.745.50
1663M
9.4N 69
946969
1.36%
VIM
1467,745.50
1,467.74550
1,SO4.44
10974.13
10,914.13
123%
VIM
1487.74554)
1467,74550
1540,55
12,514W
1251468
126%
411M
1407745SO
1467, 745.50
114944
I],664.12
1].664.12
0,94%
LIM
1487,745.50
IA7,74550
1125.27
14,78939
14,789.39
092%
VIM
IQ7,745.50
(n.97040)
144d775.10
104321
15.832 SO
(15,83260)
0.85%
711M
1,444,775.10
1444,775.10
83075
NO 75
830.75
069%
VIM
1444,715.10
1444,775,10
77055
1.601.W
160130
0.64%
WIRO
14µ.775.10
(11.94831)
1432.826.79
722.39
2,32369
(2,323.69)
0.0%
1V1M
1432,028.79
143282679
62054
62064
620W
052%
11/IM
1,432,828.79
1432.826.79
68704
1,28768
1,28768
056%
IVIM
1,432,11VI19
(11.968.54)
1420,858.25
62089
1.90857
(2.30446)
(395.89)
0.52%
ill/10
1420,65815
14N.85625
542.87
IQ 98
146.%
045%
VVIO
L420,858.25
1420.85825
6N 76
751 74
751,74
051%
WAS
1,4N.858.25
(2,22414)
1416,634.01
59202
1.34176
(1,343]6)
0.50%
411110
1,418,63401
1418634.01
61166
61166
61165
0.52%
511/10
1418534.01
141883401
61166
1 223 32
1223.R
0.52%
611110
1418.634.01
(084.05)
1,41776996
58863
1all 95
(1.81195)
0.50%
711110
1.417,789.%
1417,769.%
59089
59089
59089
0.50%
811/10
1.417,769W
1417,76996
57892
1.169.81
116981
049%
V1110
1,417,76996
(6,2N 92)
1411585N
653.27
INS 08
(182308)
055%
1011110
1411.56504
141158504
65041
65041
NO 41
855%
1111110
1.411,585N
1411,565.N
62478
1,275,19
127519
0.53%
1VII10
1411.555N
(35,534.17)
1376030.07
66564
1NO 83
(194083)
0.57%
0 ^ V 6
City of La Quinta
Library DIF Advance Fund 253
Adv Bat 253
Repayment
Balance
Int Exp 253
Cumulative Repayment
Cumulative Interest rate
5/1105
1.598,521.94
1,598,521.94
3,294.29
3.294.29
3,294.29
2.47%
611/05
891,751.08
2,490,273.02
5,188.07
8,48136
(225.00)
8,25Z36
2.50%
711/05
2,490,273.02
2,490.273.02
5,499.35
13,981.71
13,981.71
2.65%
811/05
2,490,273.02
2,490,273.02
5,478.60
19,460.31
19,460.31
2.64%
9/1/05
2,490.273.02
(90,874.06)
2,399.398.96
5,727.63
25,187.94
(25,187.94)
-
2.76%
1011105
2,399,398.96
2,399,398.96
6,914.27
6.914.27
6.914.27
3.46%
1111105
2,399,398.96
2,399,398.96
7,270.18
14,184.45
14,184.45
3,64%
1211105
2,399,398.96
(46.363.45)
2,353,035.51
7,598.10
21,782.55
(21,782.55)
-
3.80%
1/l/06
2,353,035.51
2,353,035.51
7,756.11
7,756.11
7,756.11
3.96%
211/06
2,353,035.51
2,353,035.51
7,927.77
15,683.88
15,683.88
4.04%
311/06
2,353,035.51
(183,864.23)
2,169.171,28
8,121.89
23,805.77
(23,605.77)
-
4.14%
4/1106
2,169,171.28
2,169,171.28
7,610.18
7,610.18
7,610.18
4.21 %
5/1/06
2.169,171.28
2,169,171.28
7,772.86
15,383.04
15,383.04
4.30%
6/1106
2,169,17118
(44,772.27)
2,124.399.01
8,441.69
23,824.73
(23.824.73)
-
4.67%
7/1106
2,124,399.01
2,124,399.01
8,391.38
8,391.38
8,391.38
4.74%
811/06
2,124,399.01
2.124,399.01
8,727.74
17,119.12
17,119.12
4.93%
9/1106
2,124.399.01
(15,639.44)
2.108,759.57
8,745.44
25,864.56
(25,864.56)
-
4.94%
1011106
2,108,759.57
2,108,759.57
8,786.50
8,786.50
8,786.50
5.00%
1111106
2,108,759.57
2,108,759.57
8.848.00
17,634.50
17.634.50
5.04%
1211106
2,108,759.57
(24,928.53)
2,083,831.04
8,898.97
26,533.47
(26,533.47)
-
5.06%
111/07
2,083,831.04
2,083,831.04
8,977.84
8.977.84
8,977,84
5.17%
2/1107
2,083,831.04
2,083,831.04
9,012.57
17,990.41
17,990.41
5.19%
3/1107
2,083,831.04
(19,571.48)
2,064,259.56
8,943.11
26,933.52
(26,933.52)
-
5.15%
4/1/07
2,064,259.56
2.064.259.56
8,945.12
8,945A2
8,945.12
5.20%
5/1107
2,064,259.56
2,064.259.56
8,635.49
17,580.61
17,580.61
5.02%
6/1/07
2.064,259.56
(38.828.67)
2,025,430.89
8,910.72
26,491.33
(26,491,33)
-
5.18%
711/07
2,025,430.89
2,025,430.89
8.793.75
8,793.75
8,793.75
5.21%
811/07
2,025,430,89
2,025,430.89
8.726.23
17,519-98
17,519.98
5A7%
911/07
2,025,430.89
2,025,430.89
8,709.35
26,229,33
(20,900.00)
5,329.33
5.16%
1011/07
2,025,430.89
2,025,430.89
8,617.31
13,946.64
13,946.64
5A1%
1111/07
2,025,430,89
2,025,430.89
8,482.33
22,428.97
22,428.97
5.03°/
1211/07
2,025,430.89
2,025,430.89
8,397.88
30,826.85
(10,650.00)
20,176.85
4.98%
111108
2,025.430.89
2,025,430.89
7,730.39
27,907.24
27.907.24
4.58%
2/1108
2,025,430.89
2,025,430.89
6,953.98
34,86122
34,861.22
4A2%
3/1/08
2,025,430.89
(64,078.34)
1,961,352.55
6,751.44
41,612.66
(41,612.66)
-
4.00%
4/1/08
1.961,352.55
1,961,352.55
5,557.17
5,557A7
5,557.17
3.40%
511/08
1,961,352.55
1,961,352.55
5,021.06
10,578.23
10,578.23
3.07%
611/08
1,961,352.55
(12,346.64)
1,949,005.91
4,730.13
15,308.36
(15,308.36)
-
2.89%
7/1/08
1,949.005.91
1.949,005.91
4,498.96
4,498.96
4,498.96
2.77%
8/1108
1,949,005.91
1.949.005.91
4,677.61
9,176.57
9,176.57
2.88%
911/08
1,949,005.91
(13,774.38)
1,935,23L53
4,174.12
13,350.69
(13,350.69)
-
2.57%
10/1/08
1,935,231.53
1,935,231.53
4,203.14
4,203.14
4,203.14
2.61 %
11/1108
1,935,231.53
1,935,231.53
3,805.96
8,009.10
8,009.10
2.36%
12/1/08
1,935,231.53
1,935,231.53
2,283.48
10,292.58
10,292.58
1.42%
1/1109
1,935,231.53
1.935,231.53
2,193.26
12,485.84
12,485.84
1.36%
211109
1,935,231.53
1,935.231.53
1,983.61
14,469.45
14,469.45
1.23%
311/09
1,935,231.53
1,935.231.53
2,031.22
16,500.67
16,500.67
1.26%
411109
1,935,231.53
1,935,231.53
1,515.54
18,016.21
18,016.21
0.94
511/09
1,935,231.53
1,935,231.53
1,483.68
19,499.89
19,499.89
0.92%
611/09
1,935,231.53
1,935,231.53
1,375.48
20,875.37
(15.481.00)
5,394.37
0.85%
7/1/09
1.935,231.53
1,935,231.53
1, 11236
6.507.13
6,507A3
0.69%
811109
1,935,231.53
1,935,231.53
1,032.12
7.539.25
7,539.25
0.64%
9/1109
1,935,231.53
1,935,231.53
96Z62
8,506.87
(5,681.00)
2,825.87
0.60%
10/1109
1,935,231.53
1.935,231.53
838.26
3,664.13
3,664.13
0.52%
11/1/09
1,935,231.53
1,935,231.53
900.93
4,565.06
4.565.06
0.56%
1211/09
1,935,231.53
(276,34)
1,934,955A9
838.60
5,403.66
(5,403.66)
-
0.52%
1/1/10
1,934,955.19
1,934,955A9
739.30
739.30
739.30
0.46%
211110
1,934,955.19
1,934,955.19
823.57
1,562.87
1,562.87
0.51 %
311/10
1,934,955.19
1,934,955.19
806.23
2,369.10
(1,420.00)
949.10
0.50%
411/10
1,934,955.19
1,934,955.19
834.28
1,783.38
1,783.38
0.52%
511/10
1,934,955.19
1,934,955.19
834.28
2.617.66
2,617.66
0.52%
6/1/10
1,934,955.19
1,934,955.19
802.86
3,420.52
(1,065.00)
2,355.52
0.50%
711110
1,934,955.19
1,934,955.19
806.43
3,161.95
3,161.95
0.50%
8/1/10
1,934,955.19
1,934,955.19
790.11
3.952.06
3,952.06
0,49%
9/1110
1,934,955A9
1,934,955.19
891.58
4,843.64
(3,195.00)
1,648.64
0.55%
1011/10
1,934,955.19
1.934.955.19
891.58
2,540.22
2.540.22
0,55%
1111110
1,934,955.19
1,934.955.19
856.44
3,396.66
3,396.66
0.53%
1211/10
1,934,955.19
(10.955.89)
1,923,999.30
912.45
4,309A1
(4,309.11)
-
0.57%
VB7
One IN La Duinta
Fire DIF Advance Fund 257
Adv Bal 257
Repayment
Balance
Int Ew 257
Cumulative Repayment
Cumulative Interest rate
1011103
41,170.94
41, 170.94
5455
54,55
-
54.55
159%
1111A03
423,W3.51
423,663.51
579,01
633.56
-
633 W
1.64%
1211103
630,44373
630,44373
877.37
1.51093
-
1510.93
1.67%
lll/
820.24147
820,24147
1,079.98
2.590.91
-
2.590.91
1.58%
WIN
824.989.47
824,989,47
1, 134.36
3,725,27
-
3,725.27
165%
311I04
W1.863.57
991,863,57
1239.83
4,%5.10
-
4,965.10
1.50%
4/1/04
1,350130.70
1350.130.70
1,687.66
6,652.76
-
6,65276
1,50%
511/04
135.130.70
1.350.130. 70
1,73267
8,395.43
-
8,385.43
1.54%
6/1/04
1.350.130,70
(8943537)
1.260695,33
1.800,17
10.185.60
(10,18560)
-
160%
711/04
1.260,69533
1.260,69533
1.822.30
1,822,30
-
1822.30
1.73%
&1i
1,260,695.33
1,260,695.33
1.822.59
3,644.89
-
3,64489
1.73%
911/04
1,260.695. 33
1,260,695. 33
1,881.12
5,526.01
-
5,526.01
179%
10/l/04
1.260.695,33
1,260,695.33
1,88139
7.40740
-
7,40740
1.79%
11/1/04
1,260,695.33
1.260,695,33
1.881.65
9.289,05
-
9.289,05
1,79%
1211104
1260,695.33
1,2W 69533
1.881,65
11,17070
(11.17070)
-
1.79%
IMM
1,260,695.33
1,260,695.33
2.101.16
2,101.16
2,101A6
2.00%
211105
1,260.695. 33
1260,695,33
2,274.50
4,375,65
4,375.66
2.17%
&V05
1.260,695,33
(200.00()W0)
1,W0.695.33
2,363.80
6.73946
(573946)
-
2.25%
4/1/05
1,060,695.33
1060,695.33
2.00383
2,003,83
2.W383
2,27%
5/1M
1,060,695.33
1,060,69533
2.185,92
4,189.75
4.189,75
247%
&1/05
1.060.695. 33
61452.13
1,122.148.46
2209.78
6,39953
(6,399,53)
-
2.W%
711105
1, 122,148.46
1, 122,14546
2,478.08
2.478.08
2,478.08
265%
&VO5
l,122,148.45
1,122,14846
2.46873
4,94681
4.946. Bt
2.64%
9/1/W
1, 122,148A6
(44,339.92)
1077808.54
2,58094
7,52775
(7,527.75)
-
2.76%
10/1105
1,077,W&54
1,077,W8.54
3.105,88
3,105.88
3,105.88
346%
1111 M5
1077.808.54
1077,W854
3,26576
6,37164
6,37164
3.64%
1WI105
1.077,808.54
(25.17848)
1052,630.06
3,413,06
9,7B470
(9.784.70)
-
3,80%
111/06
1052,630,06
1.052,630.W
3,469.69
3.469.69
3.469.69
3.96%
211/W
1,052,630.W
1052630.05
3.546.49
7,016.18
7.016.18
4.04%
3/1/06
1052,63006
(44,17279)
1.00845727
3,633.33
10,649.51
(10,649.51)
-
4.14%
4/1106
1,008,457.27
1,008,457.27
3,538.00
3,538.00
3,538.00
4.21%
5/1/W
1.008.457.27
1008,457.27
361364
7,151.64
7,151.64
4.30%
&1106
1W8,457.27
J28487W)
979,97021
3,924.58
11.076.22
(11076.22)
-
467%
7/1/W
979,970.21
979,970.21
3,87088
3.8708B
3.870.88
4.74%
811/06
979,97021
979,970.21
4.026.04
7,896.92
7.8W.92
493%
9/1/06
979.970.21
(4,524.W)
975,445.55
4,034.21
11,931.13
(11,931.13)
-
4.94%
10/1/08
975,44555
975.445.55
4,W4.36
4,054.36
4064.36
5W%
lillm
975,445.55
975,445.55
4,092.81
8,157.17
8,157,17
504%
1211/W
975,445.55
(6,800.78)
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o� �w \ QUjKrC4V
F`y OF TN4'O
COUNCIL/RDA MEETING DATE: March 1, 2011
ITEM TITLE: Approval to Appropriate Unspent
Proposition 113 Funds for Use on the Washington
Street Dual Left: Turn Lanes at Avenue 48 and the
Washington Street Dedicated Right Turn Lane at
Eisenhower Drive, and Approve Amendment No. 1 to
the Professional Services Agreement (PSA) with
Albert A. Webb Associates for Additional
Engineering Services to Modify the Signal and Raised
Median at the Intersection of Washington Street and
Calle Tampico
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: p
CONSENT CALENDAR: O
STUDY SESSION:
PUBLIC HEARING:
Appropriate unspent Proposition 113 funds for use on the Washington Street dual
left turn lanes at Avenue 48 and the Washington Street dedicated right turn lane at
Eisenhower Drive, and approve Amendment No. 1 to the Professional Services
Agreement (PSA) with Albert A. Webb Associates for additional engineering
services to modify the signal and raised median at the intersection of Washington
Street and Calle Tampico. ,
FISCAL IMPLICATIONS:
If the City Council chooses to appropriate the unspent Proposition 1 B toward the
turn lane improvements on Washington Street, the following is the project's revised
funding and funding sources:
RDA Project Area Number 2
Developer Contribution
Proposition 1 B Funds (SB 1266)
Total Funding Available:
$464,177
$111,255
$433,317
$1,008,749
The following is the anticipated project budget:
Design: $95,000
Inspection/Testing/Survey: $83,000
Construction: $730,749
Contingency: $100,000
Total: $1,008,749
In December 2008, the City of La Quinta received $610,888 from the Local
Proposition 1 B Streets and Roads Program. The City Council assigned this one-
time funding toward the Washington Street Widening Improvements, Project
Number 2008-18. Due to a number of factors, the Washington Street Widening
Improvements came in at a much lower cost than originally anticipated.
Subsequently, $433,317 of unspent Proposition 1 B Streets and Roads Program
Funding is available for use on other projects within the Washington Street
Corridor. Staiff is recommending these unspent funds be reassigned to the
Washington Street dual left turn lanes at Avenue 48, the Washington Street
dedicated right turn lane at Eisenhower Drive, and proposed left turn lane
improvements at Washington Street and Calle Tampico.
CHARTER CITY IMPLICATIONS:
The project is partially funded with RDA project area funds. As such, the project
will be bid as a prevailing wage improvement.
BACKGROUND AND OVERVIEW:
The improvements at Washington Street and Avenue 48 will widen the southbound
lanes of Washington Street to accommodate a dual left turn pocket from
southbound Washington Street onto eastbound Avenue 48. Widening Washington
Street will require new curb and gutter, new meandering sidewalk and Americans
with Disabilities Act (ADA) compliant access ramps, utility relocation, signal
modification, and striping and signing. Other improvements at this intersection
include relocation of the existing pedestrian crosswalk from the south side of the
intersection to the north side, and re -striping Avenue 48 to include triple left turns
onto southbound Washington Street.
The improvements at Washington Street and Eisenhower Drive will construct a
dedicated right turn lane from southbound Washington Street onto westbound
Eisenhower Drive, and include new curb and gutter, new meandering sidewalk and
0)90
an ADA compliant access ramp, signal modification, and signing and striping.
Construction of these improvements may require additional right-of-way.
In addition, staff is recommending additional left turn lane improvements be
constructed at the intersection of Washington Street and Calle Tampico. The
additional improvements would modify the intersection to allow for an additional
left turn lane from eastbound Calle Tampico to northbound Washington Street, and
include modifications to the traffic signal, median curb and signing and striping.
Attached for the City Council's consideration (Attachment 1), is Contract
Amendment Number 1 to the PSA with Albert A. Webb Associates for additional
engineering services at the intersection of Washington Street and Calle Tampico.
Due to the similar scope and nature of these projects, the projects will be combined
into one engineering and construction effort, in an attempt to realize economies of
scale cost savings.
On April 20, 2010, the City Council adopted a Resolution approving the Fiscal Year
2010-2011 through 2014-2015 Capital Improvement Program (CIP) and making
certain findings pursuant to health and safety code section 33445(a), and
consenting to the use of La Quinta Redevelopment Agency funding for the
improvements identified in the CIP. Both the Washington Street dual left turn at
Avenue 48 and Washington Street dedicated right turn lane at Eisenhower Drive
projects are included within the adopted CIP and scheduled for funding during
Fiscal Year 2010-201 1 .
On August 3, 2010, the City Council approved a Request for Proposal (RFP) to
obtain professional engineering services to prepare the plans, specifications and
engineer's estimate (PS&E) for the combined projects Washington Street dual left
turn at Avenue 48, Project Number 2010-06 and Washington Street dedicated right
turn lane at Eisenhower Drive, Project Number 2010-09.
On November 16, 2010, the City Council approved a PSA (Attachment 1) with
Albert A. Webb Associates, in the amount of $70,696, to prepare the plans,
specifications and engineer's estimate (PS&E) for the combined projects
Washington Street dual left turn at Avenue 48, Project Number 2010-06 and
Washington Street dedicated right turn lane at Eisenhower Drive, Project Number
2010-09, and authorized City Manager to execute the Agreement.
The following is the anticipated project schedule:
City Council Approved original PSA
Council Approves PSA Amendment #1
Project Design (6 months)
City Council Considers PS&E
City Council Considers Construction Award
Construction
FINDINGS AND ALTERNATIVES:
November 16, 2010
March 1, 2011
November 2010 — May 2010
May 2011
July 2011
August — December 2011
The alternatives available to the City Council include:
1 . Appropriate unspent Proposition 1 B funds for use on the Washington Street
dual left turn lanes at Avenue 48 and the Washington Street dedicated right
turn lane at Eisenhower Drive, and approve Amendment No. 1 to the PSA
with Albert A. Webb Associates for additional engineering services to modify
the signal and raised median at the intersection of Washington Street and
Calle Tampico; or
2. Do not appropriate unspent Proposition 1 B funds for use on the Washington
Street dual left turn lanes at Avenue 48 and the Washington Street
dedicated right turn lane at Eisenhower Drive, and do not approve
Amendment No. 1 to the PSA with Albert A. Webb Associates for additional
engineering services to modify the signal and raised median at the
intersection of Washington Street and Calle Tampico; or
3. Provide staff with alternative direction.
Respectfully submitted,
imothy R. ass P.E.
Public Works Direc or/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1 . PSA Amendment Number 1
OJ92
ATTACHMENT I
La
-Sw way/ 4 maw
Fy Or 7�
PROJECT NO. 2010-06/09
PROFESSIONAL SERVICES AGREEMENT:
WASHINGTON STREET DUAL LEFT TURN LANE AT AVENUE 48, PROJECT NO.
2010-06 AND THE WASHINGTON STREET DEDICATED RIGHT TURN LANE AT
EISENHOWER DRIVE, PROJECT NO. 2010-09
CONSULTANT: Albert A. Webb Associates
Attention: Bruce A. Davis, P.E., Vice President
36-951 Cook Street, Suite 103
Palm Desert, CA 92211
CONTRACT AMENDMENT NO. 1
Pursuant to the terms of the original Professional Services Agreement, you are hereby directed to
make the herein described changes or do the following described work not included in the
previously approved scope of work. Unless otherwise stated all work shall conform to the terms,
general conditions, and special provisions of the Professional Services Agreement.
*********#**********#************#*#************#***********##**************#*
DESCRIPTION OF CHANGE
This contract amendment authorizes additional engineering services to modify the traffic signal
and raised curb median at the intersection of Washington Street and Calle Tampico. Webb's
scope of work and fee, dated January 25, 2011, are attached and made part of this contract
amendment.
Previous Contract Amount Through Contract Amendment No. -0- $70,696.00
Add this Amendment $15,396.00
Revised Contract Total $86,092.00
The contract completion date is not affected by this contract amendment.
***********#********************#**#******************#***********************
Submitted
By:
Approved
By:
Date:
Date:
We, the undersigned Consultant, have given careful consideration to the change proposed and
hereby agree, If this proposal is approved, that we will provide all equipment, furnish all
materials, perform all labor, except as may be noted above, and perform all services necessary to
complete the above specified work, and hereby accept as full payment the amount shown above.
Accepted By:
Consultant:
Title:
Date:
01393
Tihf44Q"
COUNCIL/RDA MEETING DATE: March 1, 2011
ITEM TITLE: Approval of Amendment No. 4 to the
Exclusive Negotiation Agreement by and Between the
La Quinta Redevelopment Agency, City of La Quinta,
and VIP Motor Cars, Ltd., for Property Located Near
Highway 111 and Dune Palms Road
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve Amendment No. 4 to the Exclusive Negotiation Agreement between the La
Quinta Redevelopment Agency, the City of La Quinta, and VIP Motor Cars, Ltd., and
authorize the City Manager to execute the amendment.
CAL IMPLICATIONS:
None for this action.
CHARTER CITY IMPLICATIONS:
None for this action.
BACKGROUND AND OVERVIEW:
On March 6, 2007, the Agency Board approved an Exclusive Negotiation Agreement
("ENA") with VIP Motor Cars, Ltd. for the purpose of developing auto service facilities
and luxury car dealerships. The project is located on approximately 9 acres of Agency -
owned property, near Dune Palms Road and Highway 111.
The ENA has been extended on multiple occasions, through the execution of a formal
ENA amendment, approved by the Agency Board on October 23, 2008; by formal
Agency Board action on March 17, 2009, December 15, 2009, and July 21, 2010;
and on two occasions by the Agency Executive Director exercising his authority
granted by Section VIII.Q of the ENA. VIP Motor Cars, Ltd. is still interested in
developing luxury car dealerships on this site; therefore, the attached Amendment No.
4 extends the ENA until March 31, 2011, with authority given to the City Manager to
further extend the ENA another 120 days if needed.
The City has been added as a party to this agreement because the property will be
transferred frorn the Redevelopment Agency to the City in the near future.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1 . Approve Amendment No. 4 to the Exclusive Negotiation Agreement between
the La Quinta Redevelopment Agency, the City of La Quinta, and VIP Motor
Cars, Ltd. and authorize the City Manager to execute the amendment; or
2. Do not approve Amendment No. 4 to the Exclusive Negotiation Agreement
between the La Quinta Redevelopment Agency, the City of La Quinta, and VIP
Motor Cars, Ltd.; or
3. Provide staff with alternative direction.
Respectfully submitted,
z-'��
Douglas R. Evans, AssistAt City Manager —
Development Services
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1 . ENA Amendment No. 4
1. 0,95
2
ATTACHMENT
AMENDMENT NO. 4 TO EXCLUSIVE NEGOTIATION AGREEMENT
THIS AMENDMENT NO. 4 TO EXCLUSIVE NEGOTIATION AGREEMENT
("Amendment No. 4") is made and entered into as of , 2011, by and among LA
QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency"),
CITY OF LA QUINTA, a California municipal corporation and charter city ("City"), and V.I.P.
MOTOR CARS, LTD., a California corporation ("Developer").
RECITALS:
A. On or about December, 2007, the Agency and Developer entered into that certain
Exclusive Negotiation Agreement (the "Original ENA"), pursuant to which Agency and
Developer agreed to initiate exclusive negotiations for up to two hundred and fifty-five (255)
days concerning the possible sale by Agency to Developer of certain real property owned in fee
by the Agency (the "Property") for the Developer's subsequent development thereon of three (3)
automobile operations, as more fully described in the Original ENA.
B. Pursuant to authority granted in Section VIILQ of the Original ENA, the
Agency's Executive Director extended the "Negotiation Period" (as that term is defined in the
Original ENA) for one hundred and twenty (120) days, until December 18, 2008.
C. On or about October 23, 2008, the Agency and Developer entered into that certain
Amendment No. I to Exclusive Negotiation Agreement, to extend the Negotiation Period to May
1, 2009 ("Amendment No. I").
D. On or about March 17, 2009, the Agency Board authorized an additional
extension to the Negotiation Period, until December 31, 2009.
E. On or about December 15, 2009, the Agency and Developer entered into that
certain Amendment No. 2 to Exclusive Negotiation Agreement, to extend the Negotiation Period
to March 31, 2010 ("Amendment No. 2").
F. Pursuant to authority granted in Section VIILQ of the Original ENA, as revised
pursuant to the terms of Amendment No. 2, the Agency's Executive Director extended the
Negotiation Period for one hundred and twenty (120) days, until July 29, 2010.
G. On or about July 21, 2010, the Agency and Developer entered into that certain
Amendment No. 3 to Exclusive Negotiation Agreement, to extend the Negotiation Period to
March 31, 2011 ("Amendment No. 3").
H. The Original ENA, as amended by Amendment No. 1, Amendment No. 2, and
Amendment No. 3, is hereby referred to as the "ENA."
I. The Agency contemplates transferring fee title to the Property to the City.
J. As a result of current economic conditions, the parties now wish to (i) further
extend the Negotiation Period until March 31, 2012, (ii) provide for the Developer's consent to
1. 0"96
the Agency's transfer of the Property to the City, and (iii) obligate the City to perform the
Agency's obligations under the ENA after the Agency's transfer of the Property to the City.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by this reference, and for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
1. The ENA is hereby amended to extend the Negotiation Period until March 31, 2012 and,
therefore the "End Date" as defined in ENA Section II.A, shall be March 31, 2012.
2. The ENA is hereby amended to provide that all actions required to be performed during
the "Second Due Diligence Period" and the "Third Due Diligence Period" (as those terms are
defined in ENA Sections ILC and ILD) shall be completed by the End Date.
3. The provision in ENA Section VIII.Q, which permits the Agency's Executive Director to
extend the time for Developer's performance by up to 120 days, shall be restarted and the
procedure in Section VIII.Q shall apply to any such extensions.
4. The Agency hereby agrees that upon the transfer by the Agency to the City of the
Agency's fee interest in and to the Property, the Agency hereby assigns all of the Agency's
rights and obligations under the ENA to the City.
5. The City hereby agrees that upon the Agency's transfer of the Agency's fee interest in
and to the Property, and assignment of the Agency's rights and obligations under the ENA, to the
City, the City hereby assumes all of the Agency's rights and obligations under the ENA, as if the
City were the original party thereto.
6. Developer hereby expressly consents to the transfer by the Agency to the City of the
Agency's fee interest in and to the Property and the assignment by the Agency to the City of the
Agency's rights and obligations under the ENA, and agrees that upon such transfer and
assignment by the Agency, the City shall have all of the rights and obligations of the Agency
under the ENA, as if the City were the original party thereto.
7. Except as otherwise expressly provided in this Amendment No. 4, all of the terms and
conditions of the ENA shall remain in full force and effect.
8. In the event of any action between or among any of Agency, City, and Developer seeking
enforcement of any of the terms and conditions to this Amendment No. 4, the prevailing party in
such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable
costs and expenses, including without limitation its expert witness fees and reasonable attorney's
fees.
9. This Amendment No. 4 shall be construed according to its fair meaning and_as„if
prepared by all of the parties hereto.
V 9 7
10. This Amendment No. 4 shall be governed by the internal laws of the State of California
and any question arising hereunder shall be construed or determined according to such law. The
Superior Court of the State of California in and for the County of Riverside, or such other
appropriate court: in such county, shall have exclusive jurisdiction of any litigation between the
parties concerning this Amendment No. 4. Service of process on Agency and/or the City shall be
made in accordance with California law. Service of process on Developer shall be made in any
manner permitted by California law and shall be effective whether served inside or outside
California.
11. Time is of the essence of this Amendment No. 4 and of each and every term and
provision hereof.
12. This Amendment No. 4 may be executed in counterparts, each of which, when this
Amendment No. 4 has been signed by all the parties hereto, shall be deemed an original, and
such counterparts shall constitute one and the same instrument.
[End — Signature Page Follows]
1 •:
IN WITNESS WHEREOF, Agency, City, and Developer each hereby represents that it
has read this Amendment No. 4, understands it, and hereby executes this Amendment No. 4 to be
effective as of the day and year first written above.
"Developer"
V.I.P. MOTOR CARS, LTD.,
a California corporation
Date: 2011
Its:
"Agency"
LA QUINTA REDEVELOPMENT
AGENCY, a public body, corporate and politic
an
2011
ATTEST:
Veronica J. Montecino, CMC Agency Secretary
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
M. Katherine; Jenson, Agency Counsel
Agency Executive Director
[signatures continued on next page]
I. 0-199
"City"
CITY OF LA QUINTA,
a California municipal corporation and
charter city
Date: .2011 By:
City Manager
ATTEST:
Veronica J. Montecino, CMC Agency Secretary
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
M. Katherine Jenson, City Attorney
0100
TityloG.fwQumrw
COUNCIL/RDA MEETING DATE: March 1, 2011
AGENDA CATEGORY:
BUSINESS SESSION: I
CONSENT CALENDAR:
ITEM TITLE: Consideration of a Letter to Request a STUDY SESSION:
Piece of Steel from the Port Authority of New York
PUBLIC HEARING:
RECOMMENDATION:
As deemed appropriate by the City Council.
FISCAL IMPLICATIONS:
None at this time.
BACKGROUND AND OVERVIEW:
On January 4, 2010, Andrew Davis made a presentation to the City Council to pursue
the design, development, and installation of a 9/1 1 Memorial in the City of La Quinta.
Andrew Davis is pursuing this as an Eagle Scout requirement and has agreed to seek
donations to heap fund the design and installation costs (Attachment 1).
The Port Authority of New York (Authority), upon the written consent of cities and
counties across the nation, would ship at the public agency's cost, a piece of the steel
from the World Trade Center building. The Authority must receive a formal request
from the City to ship a piece of the steel. Andrew Davis is requesting City Council
approval to send a Letter (Attachment 2) and proceed with the project to be placed in
a public location to be determined by the City Council at a future date. Robert Radi, a
La Quinta resident, was made aware of the project and has agreed to pay for the
shipping should the steel be available (Attachment 3).
Andrew Davis is requesting that the piece of steel be no larger than eight feet long.
Depending on how the steel is configured will determine the size of the footings and
area required for the memorial. This information will be brought back to the City
Council with more information on the design, installation and potential location
recommendations.
1- 0101
Staff made inquiries to the Authority to identify if the program is still in existence and
was notified by the Authority that it is no longer accepting letters of application for the
steel (Attachment 4). Andrew Davis wanted to request the City Council send the
letter anyway hoping that it would be considered and that a piece of steel might be
made available.
If approved by the City Council and the Authority, steps to complete this project
include:
• Once the steel size and shape are determined, a design and cost estimate will
be completed;
• The Community Services Commission will review the design and potential
project locations and make a recommendation to the City Council;
• Consideration of the design, installation and locations will be brought to the City
Council;
• If approved, the installation will be completed and a memorial dedication will be
organized by the Community Services Department.
FINDINGS & ALTERNATIVES:
The alternatives available to the City Council include:
Approve the Letter to Receive a Piece of Steel from the Port Authority of New
York; or
2. Do not approve the Letter to Receive a Piece of Steel from the Port Authority of
New York; or
3. Provide staff with alternate direction.
Respectfully submitted,
Edie Hyltbh
Community Services Director
Approved for submission by:
Thomas P. Genovese, City Manager e 0102
Attachments: 1. Request from Andrew Davis
2. Letter to Receive a Piece of Steel
3. Robert Radi Letter
4. Email from Port Authority
0103
ATTACHMENT 1
What I am requesting from the City (La Quinta/Indio/Indian Wells)
I . Eetlerixr-Tiie.Pbit Andwrity of New York and New Jersey who owns the steel to
request: a piece of for a memorial in our City
2. Ebeatiinytoput°thetMemuri ,donate:the land_r(My wish would be to have
this in the Fritz Burns Park)
3. Architect.to help design the Memorial
4. eifuhWtb support the project for the following:
A. Transportation to get the steel from New York to our City. (The amount of
money that is given will determine the size of steel we can get)
B. Concrete/Electrical/Landscaping costs
C. Publicity costs
D. Plaque to
5. ,A)ubliei4gsupportrby the City (Newsletter/Newspapers/TV/Letter for my Eagle
Project — my name to be on all of the letters for my Eagle Project and get a copy
for my Eagle folder/Letter to receive donations, Etc.)
Andrew Davis,
54785 Avenida Rubio
La Quinta, Ca. 92253
(760) 985-6939
0104
ATTACHMENT 2
March 2, 2011
Mr. Christopher O. Ward, Executive Director
The Port Authority of New York and New Jersey
225 Park Ave. South, 15`" Floor
New York, NY 10003
Dear Mr. Ward:
This letter serves as a request from the City of La Quinta for a piece of
steel from the World Trade Center for a 9/11 Memorial in the City of La
Quinta. City staff and Andrew Davis, a La Quinta resident earning his
Eagle Scout, are working together to design and install the steel in a
public facility in memory of those who lost their lives in the 911 tragedy.
The City of La Quinta requests a piece of steel no larger than 8 feet long
to be reserved for this use.
The City will be in contact with the Port Authority of New York once the
piece is ready to be shipped to the City. We look forward to having the
steel in the community in remembrance.
Sincerely,
DON ADOLPH, Mayor
City of La Quinta
cc: Honorable City Council Members
Edie Hylton, Community Services Director
Mir. Tim Stickelman
Ms. Norma Manion
0 ..j
ATTACHMENT 3
radi design, inc.
8484 wilshire bivd., Suite 220 beverly hills, ca 90211
tel. 323.370.6223 fax. 323.843.9214
www.radidesign.com - info@radidesign.com
02.14.2011
Edie Hylton
Community Services Director
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
RE: 9-11 Memorial / WTC Steel Artifact Transportation
Dear Edie,
This (letter is to confirm that I have conducted appropriate research on the costs
of transportation for the WTC Steel Artifact. I was provided quotations in the range of
$ 2,500 by potential transportation contractors.
If the City of La Quinta requests the WTC Steel Artifact and it is consequently
awarded said artifact by the Port Authority, I will arrange and pay for its transportation
from the hangar at JFK, NY to La Quinta, CA.
Kind Regards,
Residence:
54305 Eisenhower Drive
La Quinta, CA 92253
Cell: 310.383.4315
product strategy + design + development + branding 0106
1! /6
ATTACHMENT 4
Angela Guereque
From: Manigan, Norma <nmanigan@panynj.gov>
Sent: Tuesday, February 15, 2011 4:17 AM
To: Angela Guereque
Subject: FW: World Trade Center Steel
Hello Angela,
Your inquiry into World Trade Center steel has been forwarded to me. We have been humbled by the overwhelming
expression of interest from municipalities, unformed agencies and nonprofit organizations from across the nation that
want to memorialize the events of September 11, 2001.
Since we began this program 18 month ago, we received over 1,000 requests. - and aware that we have a finite amount
of steel, we began an inventory of the remaining steel during the summer of 2010.
Our inventory was completed in October, and we have found that we cannot meet all of the requests and we have
discontinued accepting additional ones. The fact that we cannot accommodate your request is no reflection on your
organization or your plans. It is simply that we have no more steel.
Please accept our deep appreciation for your efforts and know that if we had been able to accommodate you, we would
have done so.
Best wishes to you and thank you for understanding.
From: Angela GuerequejSkATP:AGUEREQUE(a LA-QUINTA.ORGI
Sent: Monday, February 14, 2011 11:47:13 AM
To: Speakers
Subject: World Trade Center Steel
Auto forwarded by a Rule
The City of La Quinta is looking into the possibility of acquiring a piece of steel from the World Trade Center. It would be
greatly appreciated if you could forward us the contact information for the appropriate person in charge of this
project. Thank you.
Angela Guereque, Senior Secretary
City of La Quints Community Services Department
78-495 Calle Tampico
La Quinta, CA 92253
(760) 777-7156
FAX 777-1231
aaueregue(ala-auinto.org
NOTICE: THIS E-MAIL AND ANY ATTACHMENTS CONTAIN INFORMATION FROM THE PORT
AUTHORITY OF NEW YORK AND NEW JERSEY AND AFFILIATES. IF YOU BELIEVE YOU HAVE
RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY,
PERMANENTLY DELETE THIS E-MAIL (ALONG WITH ANY ATTACHMENTS), AND DESTROY ANY
PRINTOUTS.
0107
REPORT/INFORMATIONAL ITEM: 19
INVESTMENT ADVISORY BOARD
Meeting
January 12, 2011
CALL TO ORDER
Regular meeting of the La Quinta Investment Advisory Board was called to order at
the hour of 4:07 p.m. by Chairman Park followed by the Pledge of Allegiance.
PRESENT: Board Members Mortenson, Spirtos and Blum (4:20)
ABSENT: None
OTHERS PRESENT:John Falconer, Finance Director and Monika Radeva, Secretary
II APPOINTMENT OF OFFICERS - This item was deferred until the arrival of
Board Member Blum.
III PUBLIC COMMENT - None.
IV CONFIRMATION OF AGENDA - Confirmed as amended.
Mr. Falconer advised of the badges handed out to each board member for
the upcoming Bob Hope Chrysler Classic, in addition to the resignation letter
from Board Member Rassi due to his relocation. Mr. Falconer further advised
that the letter was presented to the Mayor and the City Council, and due to
the expiration of Board Member Rassi's term, it was the decision of the City
Council to leave the position vacant until July 1, 2011. As a result of Board
Member Rassi's resignation, also included on the agenda was the
appointment of a Vice -Chairperson.
V CONSENT CALENDAR
1. Approval of Minutes of Meeting on December 8, 2010 for the Investment
Advisory Board.
MOTION - It was moved by Board Members Mortenson/Spirtos to approve
the Minutes of December 8, 2010. Motion carried unanimously.
0108
Investment Advisory Board January 12, 2011
Minutes
A. Transmittal of Treasury Report for November 2010
Mr. Falconer presented and reviewed the staff report for the month of
November, advising the Board that the cash balance was slightly over $147
million with an overall decrease of $2 million for the month, in addition to
one reinvestment of a $13 million Treasury. The $2 million dollar reduction
was due to payments to the Riverside County Sheriff's Department for
$855,000 and capital projects estimated at $700,000. As stated earlier
there was one reinvestment with the average maturity decreasing by four
days.
Upon review of the November report, Mr. Falconer advised that on page 3 of
the report "48 days" should be corrected to read "84" days.
Mr. Falconer advised that the interest rates have remained the same for the
past year, with the portfolio previously yielding .53% with the current yield
at .491Xo and the pooled investments at .53%.
In response to Board Member Mortenson, Mr. Falconer advised that he
would riot be investing in Non-TLG Corporate Notes, Fannie Mae and Freddie
Mac due to the current issues with the housing market.
In response to Chairman Park, Mr. Falconer advised that there were no
comments made at the LAW Conference in regards to the interest rates.
General comments ensued amongst the Board regarding the current interest
rates.
In response to Chairman Park, Mr. Falconer advised that $700,000 paid for
capital improvements were various projects.
In response to Board Member Spirtos, Mr. Falconer advised that the Morgan
Stanley Medium Term Corporate Notes are backed by the Federal
Government and they have no effect on the City's investments.
0109
Investment Advisory Board
Minutes
January 12, 2011
Mr. Falconer summarized for the Board the $37 million investment completed
in the month of December.
General conversation ensued amongst the Board and staff in reference to
possibility of the state's elimination of the RDA's.
MOTION — It was moved Board Members Spirtos/Mortenson to review,
receive, and file the Treasurers. Report for November, 2010. Motion carried
unanimously.
VII CORRESPONDENCE AND WRITTEN MATERIAL
A. Month End Cash Report — December 2010
Noted and Filed
B. Pooled Money Investment Board Reports — October 2010
Mr. Falconer advised of the impact to LAIF if the state decides to eliminate
the RDA.
Noted and Filed
C. November 9, 2010 Joint Meeting Minutes with the City Council
Noted and Filed
VIII BOARD MEMBER ITEMS — None
AT THIS TIME ITEM II WAS DISCUSSED
Appointment of Investment Advisory Board Vice -Chairperson
Board Member Spirtos volunteered herself as Vice -Chairperson
Motion — It was moved by Board Members Blum/Mortenson to elect Board Member
Spirtos to serve as Vice -Chairperson for the Investment Advisory Board. Motion
carried unanimously.
3
0110
Investment Advisory Board
Minutes
IX ADJOURNMENT
January 12, 2011
MOTION - It was moved by Board Members Blum/Mortenson to adjourn the
meeting at 4:40 p.m. Motion carried unanimously.
Vianka 9frantia, Senior !Yecretary for
Monik,alRadeva, Secretary
4
0111
REPORTS & INFORMATIONAL ITEMS: 19
COMMUNITY SERVICES COMMISSION
MINUTES
December 13, 2010
CALL TO ORDER
A regular meeting of the Community Services Commission was called to order at
5:36 p.m. by Chairperson Fitzpatrick
Commissioner Lawrence led the Pledge of Allegiance.
PRESENT: Commissioners Blakeley, Engel, Fitzpatrick, Lawrence, and Leidner
STAFF PRESENT: Edie Hylton, Community Services Director; Steve Howlett, Golf
& Parks Manager; Christina Calderon, Recreation Supervisor;
and Jean Wilson, Office Assistant
PUBLIC COMMENT: None
CONFIRMATION OF AGENDA
Director Hylton added a presentation to the agenda by Steve McAdams from Osher
Lifelong Learning Institute.
Director Hylton moved Department Report No. 4 to No. 1 .
Motion - It was moved by Commissioners Leidner/Blakely to confirm the agenda as
changed. Motion carried unanimously.
PRESENTATIONS:
Director Hylton stated Osher classes are held in the La Quinta Museum. The
classes are supported by a Community Services Grant Program which helps reduce
the fees to a reasonable rate.
Presentation by Steve McAdams, Osher Lifelong Learning Institute. Osher has
three locations in Palm Springs, La Quinta, and Palm Desert. Osher has been in
partnership with La Quinta for the past 5 years. Classes are geared for members
50 years and older with attendance between 250 and 350 members per quarter.
Members pay $135 per quarter and members may take up to 5 classes. Classes
are lecture based.
0112
Community Services Commission Minutes December 13. 2010
-2-
Mr. McAdams stated that twenty percent of the members are from the City of La
Quinta.
Commissioner Lawrence asked how the program is promoted. Mr. McAdams
stated Osher is promoted by distribution of their catalog, which is placed in over 40
locations, mailing and interest lists, and by word of mouth.
Commissioner Blakeley asked about the number of sessions. Mr. McAdams stated
standard courses are 6 weeks long with each session being 2 hours. There are
also guest lecture or bonus classes that are a one-time lecture and are free.
Osher has Tel l-a-friend/Bring-a-friend program. People can sign up for one week of
classes as a guest member for $20. This is for people who would like to try the
program or have company visiting and would like to attend with a member.
Commissioner Leidner asked if students received any certifications and Mr.
McAdams stated they do not.
APPROVAL OF MINUTES
1. Approval of November 8, 2010 Minutes
Motion — It was moved by Commissioners Lawrence/Leidner to approve the
minutes as submitted. Motion carried unanimously.
0R1401KO7e1440117e1;12 •[om-
BUSINESS SESSION
1. Consideration of a Recipient for the 2011 Senior Inspiration Award Program
Christina Calderon, Recreation Supervisor, presented the staff report.
Gary Nelson and Barbara Irwin were recommended for 2011 Senior Inspiration
Award Program.
Motion — It was moved by Commissioners Leidner/Engel to recommend Barbara
Irwin as the 2011 Senior Inspiration Award Program recipient.
STUDY SESSION — None.
DEPARTMENT REPORTS
4. Fitness Center Update. Director Hylton presented the report.
0113
Community Services Commission Minutes December 13, 2010
' 0 J '
1. Department Report for October 2010
2. Department Report for November 2010
3. Mustard Seed Update. Golf & Parks Manager Howlett presented the report.
An informational flyer created by Morongo Basin Conservation Association
on the Sahara Mustard Plant was given as a handout.
COMMISSIONER ITEMS
Report from Commissioners Regarding Meetings Attended.
2. Calendar of Monthly Events
PUBLIC HEARING — None.
OPEN DISCUSSION - None
ADJOURNMENT
It was moved by Commissioners Blakely/Lawrence to adjourn the Community
Services Commission meeting at 6:35 p.m. Motion carried unanimously.
NEXT MEETING INFORMATION:
A Regular Meeting of the Community Services Commission to be held on January
10, 2011 commencing at 5:30 p.m. in the City of La Quinta Study Session Room,
78-495 Calle Tampico, La Quinta, CA 92253.
Submitted by:
2! ilson
Community Services Office Assistant
0114
Department Report:
a,
o`` ��o ��%7QQ • �W
yFC pti�ty
OF Ttiti
TO: The Honorable Mayor and Members of the City Council
The Honorable Chairman and Members of the Planning Commission
FROM: Les Johnson, Planning Directo
DATE: March 1, 2011
SUBJECT: Department Report - General Plan Monthly Update
Although there were no major milestones for the General Plan update this month,
staff continued to make substantial progress in the drafting of the document. The
Technical Advisory Committee had the opportunity to review and comment on
Chapter 3, Natural Resources, which included Energy and Mineral Resources, Open
Space, Air Quality, Biological Resources, and Cultural Resources sections. Staff
completed the draft version of the Parks and Recreation element, which will be
included in the Technical Advisory Committee's next chapter review. Also this
month, staff received a first draft of the City's Greenhouse Gas Reduction Plan.
The plan contains a snapshot of the City's total energy consumption and provides
recommendations on ways to improve efficiency and reduce waste.
As the General IPlan's Traffic and Circulation Study is anticipated to be completed
and presented by a sub -consultant in the coming weeks, the month of March will
primarily focus on transportation, with greater involvement between Planning and
Public Works staff.
0115
Twy� 4rwR"
AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: March 1, 2011
BUSINESS SESSION: _
ITEM TITLE: Consideration of an Ordinance Amending
Municipal Code Section 9.60.030 To Permit Review CONSENT CALENDAR: —
of Alternative Fence Materials Not Current Identified STUDY SESSION:
in the Code, and Section 9.120.020 "Table Of —
Permitted Uses" to Add the Sale of Electric Golf Carts PUBLIC HEARING: j—
as a Conditionally Permitted Use in the Golf Course
Zoning District —
RECOMMENDATION:
Motion to take: up Ordinance No. by title and number only and waive further
reading.
Motion to introduce Ordinance No. on first reading amending the La Quinta
Charter and Municipal Code Chapter 9, Zoning.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
As it is currently provided for in Municipal Code Section 9.60.030E, fencing materials
in residential districts are limited to wood, ornamental iron, tubular steel, and masonry.
Interest has been expressed in allowing other fence materials including, sheet metal
and picket fencing as an alternative fencing material. At the meetings of June 8,
2010, and July 27, 2010, the Planning Commission did consider a code interpretation
request to allow sheet metal as a permissible fencing material in residential districts
0116
and directed staff to bring back a proposed amendment to facilitate review of
alternative fencing materials (Proposed Ordinance Exhibit A).Additionally, at its meeting
of December 14, 2010, the Planning Commission considered a code interpretation
request to allow golf cart sales in the City's Golf Course zoning district. At that
meeting, the Commission directed staff to prepare, for consideration, an amendment of
Municipal Code Section 9.120.020 "Table of Permitted Uses" (Proposed Ordinance
Exhibit B) allowing the sale of golf carts in the Golf Course Zone.
At its meeting on February 8, 2011, the Planning Commission did consider Zoning
Code Amendment 2010-102, to permit review of alternative fence materials and to
conditionally permit electric golf cart sales in the golf course zoning district, and
recommended approval of the amendments to the City Council.
ANALYSIS:
Alternative Fencing
Most new residential fencing is a masonry concrete block product. In fact virtually all
of the new residential fencing installed in La Quinta over the past decade or so has
been concrete: block. In contrast, there are numerous residences in older
neighborhoods with existing wood fences in the front, rear or side yards. Though it is
the least expensive of the materials currently provided, wood fencing also has the
highest maintenance cost and the shortest life span.
As an alternative to wood fencing, sheet metal fencing has been suggested, and is in
use at some locations in the City. Metal sheet fencing is a higher cost than wood, but
requires less maintenance and has a much longer life span. In addition, the product
provides the privacy that most homeowners want to achieve in their yards.
Historically, the aesthetic of metal sheet fencing, as well as other alternative fencing
materials, has been of question. Recent improvements in alternative materials,
including metal, sheet products, have increased their aesthetic and design use and
decreased the need for extensive maintenance. Also, several manufacturers are now
producing fencing in a number of designs and colors utilizing various alternative
materials.
Design Standards
The design standards written into the existing Municipal Code address the combination
of mixed materials and fence material location and height limits. Through the minor
adjustment permit process conditions of approval can be imposed on the design of the
fence in order to insure compatibility with the overall architectural style of the
residence and the character of the surrounding properties and neighborhood. In
situations where the Director feels a public meeting is appropriate due to specific
characteristics of the request, including the proposed material, design or location, the
item can be scheduled for Planning Commission review and determination.
0117
Maintenance
Residential fence maintenance requirements are written into the existing Municipal
Code. The use of alternative fence material would be subject to those requirements.
Safety
Concerns have been raised with regard to how the desert's heat impacts metal sheet
fencing. During the summer months, when temperatures can reach 120 degrees,
metal sheet fencing may become hot -to -the -touch. Staff contacted two valley cities
that allow metal fencing material and enquired about potential heat impacts. Both
cities stated that they have received no complaints about heat on the metal fencing
material. Additionally, manufacturers typically galvanize metal sheets in order to
reduce corrosion and to deflect heat from the metal sheets.
Existing Use
Two other valley cities currently permit the use of metal fencing, Palm Springs and
Palm Desert. These cities have established general fence standards for the location
and height of walls and do not have separate standards for the use of metal fencing
material.
Metal sheet fencing material has been used (non -permitted) on a few residences in the
City as well as a few commercial structures, and is more common in other cities with
more prevalent use of modern architectural styles. Most notably, metal sheeting has
been used on the exterior of the Amore Restaurant building, along Washington Street
(Attachment 1).
Golf Cart Sales
Currently, golf cart sales are not permitted as a stand-alone use in the Golf Course
Zone as the purpose and intent of the zone is "to provide for the protection and
preservation of golf course open space areas in the city." If golf cart sales are to be
permitted in this zone, the requirement of a conditional use permit will allow approval
of the use with any specific conditions of approval necessary to insure the purpose and
intent of the zone is maintained.
Display and Storage
The display and storage of golf carts should be limited primarily to within a structure.
The conditional use permit process can be used to evaluate the specific characteristics
of a proposed :site and determine the appropriate amount of outdoor display and
storage of the carts.
Repairs
As most properties zoned Golf Course are in close proximity to residential and/or
recreational areas, the permitted use should be limited to the display, storage, and sale
of carts and should not include extensive repair or remanufacturing of carts. If such
activities are to be allowed, they should occur only within an enclosed structure. The
conditional use permit process can address this issue on a case -by -case basis.
CEQA:
The approval of the Zoning Ordinance Amendments has been determined to be exempt
from the California Environmental Quality Act (CEQA). The activity of amending the
residential fences and walls ordinance is covered by the general rule that CEQA only
applies to projects which the potential for causing a significant effect on the
environment. Future projects that may be affected by changes to the ordinance would
be reviewed under CEQA individually, and would have their impacts addressed under
CEQA.
PLANNING COMMISSION RECOMMENDATION:
At its meeting on February 8, 2011, the Planning Commission did consider Zoning
Code Amendment 2010-102, to permit review of alternative fence materials and to
conditionally permit electric golf cart sales in the golf course zoning district, and
recommended approval of the amendments to the City Council.
FINDINGS AND ALTERNATIVES:
Findings for the proposed Zoning Code Amendment are made in the attached
Ordinance. The alternatives available to the City Council include:
1. Motion to take up Ordinance No. by title and number only and waive
further reading. Motion to introduce Ordinance No. on first reading
amending the La Quinta Municipal Code Section 9.60.030, to permit review of
alternative fence materials and Section 9.120.020 "Table of Permitted Uses" to
add electric golf cart sales as a conditionally permitted use in the golf course
zoning district; or
2. Do not move to take up Ordinance No. ; or
3. Provide staff with alternative direction.
0119
Respectfully submitted,
Les Johnson, Planning Dire for
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Photo Examples
01 ?. 0
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING TITLE 9 OF THE LA
QUINTA MUNICIPAL CODE TO PERMIT REVIEW
OF ALTERNATIVE FENCE MATERIALS IN
RESIDENTIAL ZONING DISTRICTS AND TO ADD
ELECTRIC GOLF CART SALES AS A
CONDITIONAL PERMITTED USE IN THE GOLF
COURSE ZONING DISTRICT (9.60.030 AND
9.120.020).
WHEREAS, the City has found that changes in policies, procedures, and
issues with permitting have arisen as staff implements the Zoning Ordinance that
necessitate ain amendment to the Zoning Ordinance ("Zoning Ordinance
Amendment"); and,
WHEREAS, said Zoning Ordinance Amendment has complied with the
requirements of "The Rules to Implement the California Environmental Quality Act
of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning
Department has reviewed the Amendment under the provisions of CEQA, and has
determined that the Amendment is exempt pursuant to Section 15061(B)(3),
Review for Exemptions of the CEQA Guidelines; and
WHEREAS, the Planning Commission of the City of La Quinta, California, did
on the 8`h of February, 2011, hold a duly noticed Public Hearing for review of a
Zoning Ordinance Amendment proposing amend Section 9.60.030 to permit review
of alternative fence materials not currently identified in the code and Section
9.120.020 "Table of Permitted Uses" to add the sale of electric golf carts as a
conditionally permitted use in the golf course zoning district; and recommended
approval of the proposed Amendments to the City Council; and
WHEREAS, the Planning Department published a public hearing notice in The
Desert Sun newspaper on February 18, 2011, as prescribed by the Municipal Code,
advertising the public hearing before the City Council on the Zoning Ordinance
Amendment; and
WHEREAS, The City Council held a duly noticed public hearing on the 1" day
of March, 2011, and considered the evidence, both written and oral, presented at
said hearing; and
WHEREAS, the City Council has made findings regarding the proposed
zoning code amendment, in that the amendment is consistent with the goals,
objectives, and policies of the General Plan; and
Ordinance No.
Zoning Code Amendment 2010-102
Adopted:
Page 2
WHEREAS, the proposed zoning code amendment will not create conditions
materially detrimental to the public health, safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
La Quinta does ordain as follows:
SECTION 1. Title 9, the Zoning Ordinance of the La Quinta Municipal Code, is
amended as identified on Exhibit "A" and Exhibit "B"; attached hereto and
incorporated herein by reference.
SECTION 2. FINDINGS. The City Council hereby finds that this Ordinance is
consistent with the La Quinta General Plan insofar as it complies with the goals,
objectives, and policies set forth in that document; and that the proposed zoning
code amendment will not create conditions materially detrimental to the public
health, safety and general welfare as discussed in the staff report.
SECTION 3. ENVIRONMENTAL. The Planning Director has determined said Zoning
Ordinance Amendment has complied with the requirements of "The Rules to
Implement the California Environmental Quality Act of 1970" (CEQA) as amended
(Resolution 8_-:-63) in that the La Quinta Planning Department has reviewed the
Amendment under the provisions of CEQA, and has determined that the
Amendment is exempt pursuant to Section 15061 (13)(3), Review for Exemptions of
the CEQA Guidelines.
SECTION 4. SEVERABILITY. The provisions of this Ordinance shall be severable,
and is any clause, sentence, paragraph, subdivision, section, or part of this
Ordinance shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair, or invalidate the remainder thereof, but shall
be confined in its operations to the clause, sentence, paragraph, subdivision,
section, or pant thereof directly involved in the controversy in which such judgment
shall have been rendered.
SECTION 5. LEGAL CONSTRUCTION. The provisions of this Ordinance shall be
construed as necessary to effectively carry out its purposes, which are hereby
found and declared to be in furtherance of the public health, safety and welfare.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take full force and effect and
be in force 30 days after passage.
SECTION 7. POSTING.
The City Clerk shall, within
15 days after
passage of this
Ordinance, cause it to
be posted in at least three
public places
designated by
resolution of the City
Council, shall certify to the
adoption and
posting of this
0122
Ordinance No.
Zoning Code Amendment 2010-102
Adopted:
Page 3
Ordinance; and shall cause this Ordinance and its certification, together with proof
of posting to be entered into the Book of Ordinances of the City of La Quinta.
PASSED, APPROVED, and ADOPTED by the City Council of the City of La
Quinta at a regular meeting thereof held on the 1" day of March, 2011, by the
following vote:
AYES:
NOTES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
VERONICA MONTECINO, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
M. KATHERINE: JENSON, City Attorney
City of La Quinta, California
0l?3
Ordinance No.
Zoning Code Amendment 2010-102
Adopted:
Page 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE 1 ss.
CITY OF LA QUINTA )
I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify the foregoing to be a full, true, and correct copy of Ordinance No.
xxx which was introduced at a regular meeting on the 1" day of March, 2011, and
was adopted at a regular meeting held on the 1g1h day of March, 2011, not being
less than five days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution No. 2006-115.
VERONICA J. MONTECINO, CMC, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify that the foregoing ordinance was posted on
pursuant to Council Resolution.
VERONICA J. MONTECINO, CMC, City Clerk
City of La Quinta, California
0124
EXHIBIT A
9.60.030 Fences and walls.
A. Definition. For purposes of this section, "fence" or "wall" means any type of fence,
wall, retaining wall, sound attenuation wall, screen or windscreen. The terms "fence" and
"wall" are used interchangeably in this section to mean any or all of the preceding
structures.
B. Measurement of Fence Height. Except as otherwise specified in this section, fence
heights shall be measured from finish grade at the base of the fence to the highest point of
the fence on the interior or exterior side, whichever is higher.
N4easu=eat or FMCC r etht
In addition, the following provisions shall apply to the measurement of fence height:
1. Open railings, up to forty-eight inches high, placed on top of a retaining or other wall
and required for pedestrian safety shall not be included in the height measurement.
2. Fences less than thirty inches apart (measured between adjoining faces) shall be
considered one structure and fence height shall be measured from the base of the lower
fence to the top of the higher fence. Fences thirty inches or more apart shall be
considered separate structures and their heights shall be measured independently. The
director may require that the area between such fences be provided with permanent
landscaping and irrigation.
C. Fence Heights. The construction and installation of fences shall be in compliance
with the following standards:
1. Within Main Building Area. In the area of a lot where a main building may be
constructed, the maximum freestanding fence height shall be twelve feet.
2. Setback Areas Not Bordering Streets. The maximum fence height shall be six feet
within any required setback area not adjoining a street. Where the elevation of an
adjoining building site is higher than the base of the fence within a side or rear setback
area, the height of the fence may be measured from the elevation of the adjoining
0125
building site to the top of the fence. However, fence height shall not exceed eight feet
measured from either side with the exception of the RC district (see Section 9.30.040).
3. Setback Areas Bordering Streets, Alleys and Other Accessway.
a. Within all districts, the maximum fence height shall be five feet within the first ten
feet of the required front setback area (measured from the street right-of-way) and six feet
within any rear or side setback area adjoining a public street.
b. Notwithstanding other fence height restrictions, where, because of the orientation of
the lots, a property line fence separates a front yard on one lot from a rear yard on an
adjacent lot, the maximum fence height shall be six feet.
c. Arches or trellises up to nine feet in overall height and five feet interior width may be
constructed over a gate on a lot provided the arch/trellis is integrated into the fence/gate
design.
d. Any portion of a building site where vehicular access is taken shall conform to the
access intersection requirements of subsection (C)(4) of this section.
e. City- or state -required sound attenuation walls bordering freeways or arterial
highways may exceed six feet in height if so recommended by a noise attenuation study
and approved by the director.
4. Adjacent to a nonresidential zone or use. The maximum fence height between a
residential zone or use and a nonresidential zone or use shall be eight feet.
a. The height: of fences, trees, shrubs and other visual obstructions shall be limited to a
maximum height of thirty inches within the triangular area formed by drawing a straight
line:
i. Between two points located on and twenty feet distant from the point of intersection
of two ultimate street right-of-way lines.
ii. Between two points located on and five feet distant from the point of intersection of
an ultimate street or alley right-of-way on one hand and the edge of a driveway or another
alley right-of-way on the other if parkway width is less than twelve feet wide.
b. For purposes of this code, "point of intersection" means the intersection of the
prolongation of the right-of-way lines, excluding any curved portion joining the two
lines.
c. The height restrictions of this subdivision shall apply to fences, walls, trees, shrubs,
vegetation, or any other material which obstructs or may obstruct visibility.
D. Gates.
•. 0126
1. Materials. Gates shall be constructed of ornamental iron/tubular steel and/or wood.
Such gates may be placed in any location provided they meet the requirements of this
section and provided any wood used is not less than a grade of construction heart or
merchantable and better redwood or No. 2 and better (no holes) western red cedar,
stained or painted to match or complement the adjacent wall or structure. Alternatively, if
left in natural color, all wood shall be treated with a water -repellant material. Wood gates
over thirty-six inches wide shall have a metal frame. Chain link gates are prohibited.
Vehicular driveway gates shall be constructed of ornamental iron/tubular steel and metal
if solid. If screening an RV, the gate shall be constructed of a solid opaque material.
2. Width. Pedestrian gates shall not exceed five feet in width, except that gates may be
any width within sideyard setbacks of at least twelve feet.
E. Fence Construction and Materials. All fencing in residential districts shall conform to
the following construction and material standards:
1. Wood and Vinyl Fencing.
a. Except for gates, split two rail fencing, and for equestrian fencing regulated by
Section 9.140.060, wood and vinyl or similar recycled fencing materials are permitted in
rear or interior side yards only, and only if not visible from the street. Gates may be of
wood in any location provided they comply with the standards of this section.
b. All wood fencing shall be constructed of not less than a grade of construction heart or
merchantable and better redwood or No. 2 and better (no holes) western red cedar,
stained or painted to match or complement the adjacent wall or structure. Alternatively, if
left in natural color, all wood shall be treated with a water -repellant material.
c. All vinyl cr similar recycled fencing material shall be constructed of an aluminum -
reinforced non -reflective material that contains antistatic and UV -radiation inhibiting
additives.
d. Fence boards may be horizontal or vertical. Support posts shall be a minimum of
nominal four inches by four inches redwood, pressure -treated lumber, tubular steel or
block and installed per the Uniform Building Code.
e. Split Rail Fencing. Split two rail fencing shall be allowed in the front yard or along
the front property line with columns a maximum height of four feet and three feet for the
top rail. All columns shall be cemented with footings. Materials for the columns shall be
wood, brick, or block. The rails may be either wood or other non -wood products that
have the appearance of split rail. A building permit shall be obtained prior to
construction.
2. Ornamental Iron and Tubular Steel Fencing. Ornamental iron or tubular steel fencing
may be used along the front or street side yards only. The iron or steel shall be painted to
match or complement the adjacent wall or structure.
0127
3. Masonry Fencing. Solid masonry fencing (i.e., block, rock, brick, with or without
stucco covering) is permitted in any location on the lot provided the color of the masonry
or stucco matches or complements the adjacent wall or structure. Precision concrete
block shall not be used unless all exterior surfaces visible from outside the property are
covered with stucco, paint, texture coating, or other comparable coating approved by the
director.
4. Material Combinations. Combinations of two or more of the preceding materials may
be used provided that the bottom one-half of the fence is constructed of a masonry
material. Combinations incorporating wood materials shall only be used for the rear and
interior side yards and only when not visible from the street.
5. Alternative Fence Materials. Alternative fence material not identified in this section of
code may be permitted, subject to compliance with the design standards set forth in this
section of code. Persons proposing an alternative fence material ~hall pre pare plans and
details for review and approval of the Plannine Director. If the director determines that
the proposed fence material complies with the design standards in this code section, the
director may approve the alternative material If the director determines that the
alternative fence material may result in an incornpatibility with the surrounding; uses and
design, the director shall refer the alternative fence material to the Planning Commission
for review and approval as a business item
F. Fence Landscaping and Maintenance.
1. Landscaping. The area between the back of curb and any fencing shall be landscaped,
have a suitable permanent irrigation system, and be continuously maintained by the
property owner.
2. Maintenance. All walls and fences shall be continuously maintained in good repair.
The property owner shall be provided thirty days after receiving notice from the city to
repair a wall or fence. The building official may grant an extension to such time period
not to exceed sixty days.
G. Prohibited Fence Materials and Construction Fences. The use of barbed wire, razor
wire, chain link, or similar materials in or on fences is prohibited in all residential
districts. Chain link fencing is permitted for temporary construction fences when
authorized by a minor use permit issued in accordance with Section 9.210.020. Said
minor use permit shall not be approved until a permit for grading, or construction, has
been filed for, whichever comes first.
H. Equestrian Fencing. Notwithstanding any other requirements of this section, fencing
shall be regulated by the provisions of Section 9.140.060 (Equestrian overlay regulations)
where the keeping of horses is permitted.
I. Nonconforming Fences. Any fence which does not meet the standards of this section
but which was legally established prior to the adoption of these standards may be
0128
maintained provided such fence is not expanded nor its nonconformance with these
standards otherwise increased. Any fence which is destroyed or damaged to the extent of
more than filly percent of its total replacement value shall not be repaired, rebuilt, or
reconstructed except in conformance with these standards. (Ord. 466 § 1, 2009; Ord. 378
§ 1 (Exh. A), 2002; Ord. 361 § 1 (Exh. A) (part), 2001; Ord. 325 § 1 (Exh. A) (part),
1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exhs. A, B) (part), 1996)
0129
EXHIBIT B
9.120.020 Table of permitted uses.
Table 9-8, Permitted Uses in Special Purpose Districts, following, specifies those uses
and structures which are permitted within each special purpose district. The letters in the
columns beneath the district designations mean the following:
1. "P": Permitted as a principal use within the district.
2. "A": Permitted only if accessory to the principal use on the site.
"C": Permitted as a principal or accessory use if a conditional use permit is
approved.
4. "T": Permitted on a temporary basis if a temporary use permit is approved.
5. "V: Prohibited in the district.
Table 9-8 Permitted uses in Special Purpose Districts
P = Permitted use
A = Accessory use
C = Conditional use permit
=Temporary use permit
= Prohibited use
District
Parks and
Recreation
Golf
Course
Open
Space
Floodplain
Hillside
onservation
Overlay
I
Sexually
Oriented
Business
Overlay
Equestrian
Overlay
Land Use
PR
GC
OS
FP
HC*
SOB-
EOD*
Open Space and Recreational Uses
ens ace
p
p
p
p
p
p
+»
Public parks, lakes and passive recreation facilities
P
X
P
P
P
X
**
Plavtields, lighted or unlighted
P
X
X
X
X
X
*+
Bicycle, equestrian and hiking trails.
P
X
P
P
P
p
*»
Libraries and museums
C
X
X
X
C
X
*»
Visitor centers
C
X
C
C
C
X
**
lubhouses and community ools/cabaflas
P
A
X
X
X
X
**
Ferris courts or complexes, public
P
A
X
X
X
X
**
reams clubs or complexes. private
C
A
X
X
X
X
*»
Dolt courses and country clubs, including clubhouses and
Iher customary ace essmy uses
C
P
X
X
X
X
**
olf courses without above -ground structures, including
'airways, greens, tees andgolf-cart paths
C
P
X
P
C
X
**
col (Cart Sales*
X
C
X
X
X
X
*»
ceessor y Uses and Structures
i ns, subject to Chapter 9.160
A
A
A
A
A
A
**
ences and walls, subject to Section 9.100.030
A
A
A
A
A
A
»»
atellite dish and other antennas, subject to Section
.100.070
A
A
A
A
A
A
*»
em orary Uses
em orary outdoor awents, subject to Section 9.100.040
T
T
T
T
T
T
*"
Aber Uses
Single-lamily residential
X
X
C
X
C
X
»*
1 Table 9-8 Permitted Uses in Special Purpose Districts (Continued)
P = Permitted use
1= Accessory use
C = Conditional use permit
District
=Temporary use permit
= Prohibited use
Parks and
Golf
Open
Floodplain
Hillside
Sexually
Equestrian
Recreation
Course
Space
Conservation
Oriented
Overlay
Overlay
Business
Overlav
Land llse
PR
GC
OS
FP
HC*
SOB*
EOD*
Multifamily residential, commercial (except sexually
X
X
X
X
X
X
"*
oriented businesses), office or industrial development
Sexually oriented oriented businesses, subject to Section 9.140.050
X
X
X
X
X
C
Communication lowers and equipment, subject to Chapter
C
C
C
X
C
X
**
9.170
Electrical substations
X
X
M
X
M'
X
"*
Water wells and pu n in stations
P
P
P
P
MI
X
Water tanks and reservoirs
X
M
M
X
M,
X
Public flood control facilities and devices
P
P
P
P
P
P
**
[her principal, accessory or temporary uses not listed
Director or planning commission to determine whether use is permitted in accordance
above
with Section 9.20,040.
" Uses are subject to the additional requirements of the overlay district as set forth in Chapter 9.140.
** As permitted in the underlying base district and in Section
9.140.060.
Allowed only if permitted in the underlying base district and
only if the additional
requirements of the HC overlay district are met (per Section
9.140.040) and a conditional use permit is approved.
(Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996)
0131.
ATTACHMENT I
ra
0132