2011 12 06 CC�T
U
_TaT 4a
F� OF f
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Veronica J. Montecino, CMC, City Clerk_f�
DATE: December 5, 2011
vNN.
SUBJECT: Supplemental Information
The following supplemental items have been received for the December 6,
2011 City Council meeting and is attached for your reference:
➢ Consent Calendar Item 6 - Letter from the Desert Valley Builders
Association (DVBA) dated November 30, 2011 pertaining to the Fiscal
Year 2010/2011 City of La Quinta Development Project Fee Report
➢ Consent Calendar Item 9 - Revised staff report regarding the award of
contract to construct the Avenue 50 Pavement Reconstruction
Improvements, Project No. 2011-11-SUPPLEMENTAL
➢ Business Session Item 6 - Updated costs and election dates pertaining to
the consideration of appointment to fill City Council vacancy and
establishment of procedures for same
Thank you.
desert valleys builders association
34-360 Gateway Drive, Palm Desert, California 92211
November 30, 2011
2011 BOARD OF DIRECTORS
PRESIDENT
Phil Smith
Sunrise Company
City of La Quints
I° VICE PRESIDENT
Mario Gentiles
7g-495 Calle Tampico
GH.4 CotryNes
-
11
La-ulnta, CA 92255 - -
C
2'a VICEPRESIDENT- _
MarkB Wdti
BMC
SECRETARYRREASURER
Attn: John M. Falconer, Finance Director
Steven 1. Miller, CPA
O'Brieq Miller and Blake CPAs
VICE PRESIDENT OF ASSOCIATES
Dear Mr. Falconer:
Eileen Pike
Palm Desert National Bank
PAST PRESIDENT
Tom Dubose Thank you for providing the additional material regarding the Capital Improvement
Developmem Design & Engineering, Inc
Project AD47, referencing the Senior Center Expansion. The DVBA is satisfied that
CHIEF EXECIITIVEOFFICER
Gretchenctrtierrea the City has met its annual obligation under the Mitigation Fee Act.
µha Herml may Group
Respectfully,
Brun Benedetti
B A B Contracting
AMy Brakebill
Coachella Valley Printing
Tom Davis
Lutierrez
A,ea Cahoon. Band oFC.Will. Indian
GretcheMargaret
Margaret Own,
Dmry ConstuetionJoe
Hayes
er
Rnbobank N.A.
Mark Johnwn
Desert Valleys Builders Association
Coachella Valley Water Damn
Allan Lein
All.. Levin Aaaotlatn
Dave Lippert
Lipper Comimenon, Inc
Brow Maine - -
Empire West Development
Tom Noble
Noble & Compmy, LLC
Dan Olivier
Mueller/0livierM'hmeker LLP
Alan Paw
Petra GentecMicel
Marvin Roos
VISA Consulting Inc
Patrick Swnnhotn
Imperial litigation Diianot
Jef Wattenbarger
Wattentearger Construction
•-" 002
COUNCIL/RDA MEETING DATE: December 6, 2011
ITEM TITLE: Approval to Award a Contract to
Construct the Avenue 50 Pavement Reconstruction
Improvements, Project No. 2011-11-SUPPLEMENTAL
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Award a construction contract to Lee & Stires, Inc., in the amount of
$124,456.00, to construct the Avenue 50 Pavement Reconstruction
Improvements, Project No. 201 1-1 1.
FISCAL IMPLICATIONS:
The following is the projects approved funding and funding source:
City General Fund: $228,515
Total Funding: $228,515
Considering the lowest responsive bid received by Lee & Stires, in the amount of
$124,456.00, the following is the anticipated project budget for the Avenue 50
Street Improvements:
Design: $10,000
Inspection/Testing/Survey $17,078
Construction: $124,456
City Administration $8,758
Contingency: $68,223
Total Budget: $228,515
As illustrated, adequate funding is available.
a1
CHARTER CITY IMPLICATIONS:
The project is funded by the City's General Fund. Because of the City's status as a
charter city, the City is not mandated to pay prevailing wages as of this point in
time. A case is pending before the California Supreme Court that could impact this
exemption.
BACKGROUND AND OVERVIEW:
The purpose of the project is to correct the distressed pavement condition caused
by ground subsidence on Avenue 50 approximately 800 feet east of Eisenhower
Drive. The pavement distress is generally manifested by transverse cracking and
the separation of the curb, gutter, and sidewalks on both sides of Avenue 50. It is
staff's opinion that this work is urgent and should proceed quickly. If this work is
not performed, the distressed condition will get worse and possibly result in
additional repairs and cost beyond that proposed at this time.
The proposed work will reconstruct approximately 175 linear feet of the eastbound
and westbound lanes and includes installation of new AC pavement and base
material, after the removal and re -compaction of the sub -grade in accordance with
the recommendations of the geotechnical investigation performed by Leighton
Consulting, Inc.
On November 1, 2011, the City Council appropriated funding, in the amount of
$228,515, from the City's General Fund unallocated reserves, account number
101-0000-290.00-00, approved the plans, specifications, and engineer's estimate
(PS&E) of probable construction costs, and authorized staff to advertise for bid the
Avenue 50 Pavement Reconstruction Improvements, Project No. 201 1-1 1.
On December 1, 2011, the City received six (6) sealed bids for the construction of
this project. A detailed bid comparison summary is provided for the City Council's
review as Attachment 1. Lee & Stires, Inc. submitted the lowest responsive bid in
the amount of $124,456.00, which included the Base Bid Area, plus Additive
Alternates 1. Staff is recommending the City award a contract to Lee & Stires,
Inc. to construct the Base Bid and Additive Alternate 1 in the amount of
$124,456.00.
Contingent upon the City Council's authorization to award a construction contract
on December 6, 2011, the following is the anticipated project schedule:
Project Award
Construction (20 working days)
Accept Improvements
December 6, 2011
December 2011 /January 2012
February 2012
'`"'' 004
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Award a construction contract to Lee & Stires, Inc., in the amount of
$124,456.00, to construct the Avenue 50 Pavement Reconstruction
Improvements, Project No. 2011-11; or
2. Do not award a construction contract to Lee & Stires, Inc., in the amount of
$124,456.00, to construct the Avenue 50 Pavement Reconstruction
Improvements, Project No. 2011-11; or
3. Provide staff with alternative direction.
Respectfully submitted,
2
Timothy R. Masson, P.E.
Public Work irector/City Engineer
Approved for submission by:
YJohni�M. Falco er,
Acting City Manager
Attachment: 1. Bid Comparison Summary
005
CITY OF LA QUINTA
2011-11
ENGINEER'S ESTIMATE
ITEM
NO.
DESCRIPTION
OTY I
UNIT I
UNIT PRICE
EXTENDED
PRICE
BASE BID AREA 1
1
MOBILIZATION
1
LS 1$10,000.00
$10,000.00
2
TRAFFIC CONTROL
1
LS 1
$5,000.00
$5 000.00
3
DUST CONTROL
1
LS 1
$3,000.00
$3 000.00
4
REMOVE AND DISPOSE OF AC AND BASE
9420
SF
$3.50
$32,970.00
5
0.17' GRIND AND OVERLAY
220
SF
$2.09
$459.80
6
4.5" AC OVER 6" AB, INCLUDING 2'
SUBGRADE OVER EXCAVATION AND
RECOMPACTION
9420
SF
$5.75
$54,165.00
7
ADJUST VAL
6
EA
$518.00
$3,108.00
8
SIGNING & STRIVEPING
1
LS
$1,800.00
$1 800.00
9
GEOTEXTILE FABRIC
9420
SF
$3.00
$28,260.00
10
IPOTHOLE EXISTING UTILITIES
i 15
EA
$500.00
$7 500.00
Subtotal Base Bid Area 1:
$146,262.80
ADDITIVE ALTERNATE
11
REMOVE AND DISPOSE OF MEDIAN,
CURB AND GUTTER
1160
LF
$2.50
$2,900.00
12
6" CURB AND GUTTER
1 560
1 LF
1 $25.00
$14 000.00
13
6" CURB
600
1 LF
$20.00
$12 000.00
Subtotal Additive Alternate:
$28,900.00
TOTAL (Base Bid Area 1 & Additive Alternate): $175,162.80
Indicates Staff correction of the math.
8 W SIMMONS
UNIT PRICE
EXTENDED
PRICE
114,1540,00
114 640,00
$7.080.00
$7 080.00
$5 080.00
$5 080.00
$3.50
$32,970.00
$6.00
$1,320.00
$4.50
$42,390.00
S330.00
$1 800.00
$7,536.00
$4,500.00
R
$117,646.00
$11,600.00
.
$11 760.00
$21.00
$12,600.00
$35,960.00
$153,606.00
O
O
TED ENTERPRISES
ENDEDRICE6,500.007
W
900.00$2
800.004,165.00$3
795.00
$5.75
$54,165.00
$518.00
$3108.00
$1 840.00
$1 840.00
$0.50
$4 710.00
$345.00
$5,175.00
$154,158.00
$8.00
$9,280.00
$23.00
$12 880.00
$21.00
$12,600.00
$34,760.00
S 1S8,918.00
UNITED
PAVING
UNIT PRICE
EXTENDED
PRICE
$5,000.00
$5 000.00
$9,000.00
$9 000.00
$1,500.00
$1 500.00
$5.20
$48,984.00
$5.00
51,100.00
$7.80
$73,476.00
$350.00
$2,100.00
$1 700.00
$1,700.00
$1.30
$12 246.00
$2 650.00
$39 750.00
$194,856.00
$10.50
$12,180.00
$14.00
$7 840.00
$12.00
$7,200.00
$27,220.00
-: $222076.00
Lt) to
Veronica Montecino
From: Spencer, Rebecca <RAMartine@co.riverside.ca.us>
Sent: Thursday, December 01, 2011 12:16 PM
To: - __ _Veronica Montecino-- -.
Cc: Susan Maysels
Subject: RE: Special Election
Hello,
approximately $54,000. If you consolidate with an established election it will be cneaper. iieiow is a nst or me next_
available election dates:- -- — - - - - --
Polling Place Election Dates - April 10, 2012, June 5, 2012, and November 6, 2012.
Mail Ballot Election Dates - May 8, 2012 and August 28, 2012.
Let me know if you need anything else.
Rebecca Spencer
Riverside County Registrar of Voters
Assistant Registrar of Voters
(951)486-7210 Fax(951)486-7272
RAMartine@co.riverside.ca.us
Be sure to follow the Registrar of Voters on Facebook and Twitter, so you can receive election updates.
64 4 4 afka
City Council agendas and staff reports
are available on the City's web page:
www.la-quinta.org
CITY COUNCIL
AGENDA
CITY COUNCIL CHAMBERS
78-495 Calle Tampico
La Quinta, California 92253
Regular Meeting
TUESDAY, DECEMBER 6, 2011
3:00 P.M. Closed Session 1 4:00 P.M. Open Session
Beginning Resolution No. 2011-096
Ordinance No. 495
CALL TO ORDER
Roll Call:
Council Members: Evans, Franklin, Henderson, 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.
1. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957(b), TITLE: INTERIM CITY MANAGER
2. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, JOHN M.
FALCONER, PURSUANT TO GOVERNMENT CODE SECTION 54956.8
CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION
AND/OR DISPOSITION OF CERTAIN REAL PROPERTY IDENTIFIED AS APN
600-020-028. PROPERTY OWNER / NEGOTIATOR: CENTRE OF LA QUINTA
PARTNERS,. LLC / GARY COLLISTER
009
CITY COUNCIL AGENDA 1 DECEMBER 6, 2011
RECESS TO CLOSED SESSION AND 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.
1010101 a 1:3JU_I 111 1010[el ye[H 4 N
PRESENTATIONS
1. PRESENTATION OF AWARD RECEIVED FROM THE NATIONAL
ASSOCIATION OF HOME BUILDERS MULTI -FAMILY PILLARS OF INDUSTRY
FOR VISTA DUNES COURTYARD HOMES
WRITTEN COMMUNICATIONS
1. WRITTEN CORRESPONDENCE FROM WOMEN LEADERS FORUM OF THE
COACHELLA VALLEY DATED NOVEMBER 15, 2011
APPROVAL OF MINUTES
1. APPROVAL OF MINUTES OF NOVEMBER 15, 2011
2. APPROVAL OF JOINT CITY COUNCIL / REDEVELOPMENT AGENCY
MEETING MINUTES OF NOVEMBER 21, 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 DECEMBER 6, 2011
2. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO.
494 AMENDING TITLE 2 OF THE MUNICIPAL CODE TO REPEAL CHAPTER
2.75, CULTURAL ARTS COMMISSION AND AMEND CHAPTER 2.95,
COMMUNITY SERVICES COMMISSION
CITY COUNCIL AGENDA 2
.,fAr 010
DECEMBER 6, 2011
3. ACCEPTANCE OF OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT
MAP 31874-1, CARMELA, TAYLOR WOODROW HOMES, INC.
4. APPROVAL TO EXCUSE COMMISSIONER ROBERT WILKINSON'S ABSENCE
FROM THE NOVEMBER 8, 2011 PLANNING COMMISSION MEETING
5. APPROVAL OF FISCAL YEAR 2010/2011 CITY OF LA QUINTA ART IN
PUBLIC PLACES ANNUAL REPORT
6. APPROVAL OF FISCAL YEAR 2010/2011 CITY OF LA QUINTA
DEVELOPMENT PROJECT FEE REPORT
7. ACCEPTANCE OF STATE FUNDING IN THE AMOUNT OF $100,000 FROM
THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND
8. ACCEPTANCE OF FISCAL YEAR 2010/2011 SLURRY SEAL PROGRAM,
PROJECT NO. 2010-15
9. APPROVAL TO AWARD A CONTRACT TO CONSTRUCT THE AVENUE 50
PAVEMENT RECONSTRUCTION IMPROVEMENTS, PROJECT NO. 2011-11
10. APPROVAL OF A CONTRACT FOR ANIMAL SHELTER SERVICES WITH THE
COUNTY OF RIVERSIDE
11. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH
DAVID EVANS & ASSOCIATES TO PREPARE THE PLANS, SPECIFICATIONS
& ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COSTS FOR THE
FRED WARING DRIVE MEDIAN ISLAND LANDSCAPE IMPROVEMENTS,
PROJECT NO. 2011-04
12. ACCEPTANCE OF WASHINGTON STREET DRAINAGE IMPROVEMENTS
PHASE 2, PROJECT NO. 2010-08
13. APPROVAL OF AN APPROPRIATION FOR DEMOLITION OF THREE CITY -
OWNED BUILDINGS LOCATED AT 78153 MAIN STREET (APN 770-124-
004), 78182 AVENIDA LA FONDA (APN 770-124-007) AND 78181
AVENIDA LA FONDA (APN 770-125-003)
BUSINESS SESSION
1. CONSIDERATION OF APPOINTMENT OF INTERIM CITY MANAGER AND
APPROVAL OF CONTRACT WITH THE INTERIM CITY MANAGER
A. MINUTE ORDER ACTION
Oil
CITY COUNCIL AGENDA 3 DECEMBSR 6, 2011
2. CONSIDERATION OF AUTHORIZATION OF THE RELEASE OF A REQUEST
FOR PROPOSALS FOR EXECUTIVE SEARCH FIRMS RELATIVE TO FILLING
THE CITY MANAGER POSITION
A. MINUTE ORDER ACTION
3. CONSIDERATION OF CITY COUNCIL REORGANIZATION
A. MINUTE ORDER ACTION
4. CONSIDERATION OF SELECTION OF A REPRESENTATIVE TO THE
CHAMBER OF COMMERCE WORKSHOP / INFORMATION EXCHANGE
COMMITTEE
A. MINUTE.ORDER ACTION
5. CONSIDERATION OF A CONTRACT EXTENSION WITH FG CREATIVE, INC.
FOR PROFESSIONAL MARKETING SERVICES
A. MINUTE ORDER ACTION
6. CONSIDERATION OF APPOINTMENT TO FILL CITY COUNCIL VACANCY
AND ESTABLISHMENT OF PROCEDURES FOR SAME
A. MINUTE ORDER ACTION
STUDY SESSION - NONE
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 INFORMATION EXCHANGE COMMITTEE (ADOLPH)
6. C.V. CONSERVATION COMMISSION (VACANT)
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 (ROBERT TEAL)
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 OCTOBER 12, 2011
•;� . 012
CITY COUNCIL AGENDA 4 DECEMBER 6, 2011
DEPARTMENT REPORTS
1. CITY MANAGER
A. RESPONSE(S) TO PUBLIC COMMENTS
2. CITY ATTORNEY
3. CITY CLERK
A. JANUARY 3, 2012 CITY COUNCIL / REDEVELOPMENT AGENCY
MEETINGS
4. BUILDING & SAFETY DEPARTMENT REPORT - NONE
5. COMMUNITY SERVICES DEPARTMENT REPORT
A. LA QUINTA LIBRARY AND MUSEUM QUARTERLY REPORT
6. FINANCE DEPARTMENT REPORT - NONE
7. PLANNING DEPARTMENT REPORT
A. GENERAL PLAN MONTHLY UPDATE
8. PUBLIC WORKS DEPARTMENT REPORT - NONE
9. POLICE DEPARTMENT REPORT - NONE
10. FIRE DEPARTMENT QUARTERLY REPORT — NONE
MAYOR'S AND COUNCIL MEMBERS' ITEMS — NONE
RECESS TO REDEVELOPMENT AGENCY MEETING
RECONVENE AT 7:00 P.M.
FQUT1I �1111 iTl
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.
— 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. CONTINUED PUBLIC HEARING TO CONSIDER A RESOLUTION ADDING
CERTAIN ALTERNATIVE CONDITIONS OF APPROVAL TO FOUR TRACT
MAPS ALLOWING THE DESIGN AND CONSTRUCTION OF RAISED MEDIANS
CITY COUNCIL AGENDA 5 DECEMBER 6, 20t '%.9.� 013
IN LIEU OF TRAFFIC SIGNALS FOR TRACT MAP NOS. 25500-4, 28603-1,
28838-1, AND 29147-1, KSL LAND CORPORATION, AND APPROVING A
CASH PAYMENT FOR REMAINING OFFSITE IMPROVEMENTS ASSOCIATED
WITH TRACT MAP 28960
A. RESOLUTION ACTION
2. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION
APPROVING PROPOSALS AND AUTHORIZING THE CITY MANAGER TO
SUBMIT APPLICATIONS TO RIVERSIDE COUNTY ECONOMIC
DEVELOPMENT AGENCY FOR COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS FOR FISCAL YEAR 2012/2013
A. RESOLUTION ACTION
ADJOURNMENT
The next regular meeting of the City Council will be held on December 20, 2011
commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the
City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253.
DECLARATION OF POSTING
I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that
the foregoing agenda for the La Quinta City Council meeting of December 6, 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 1 1 1,
on December 2, 2011.
DATED- December 2, 2011
VERONICA J.
City of La Q nta
VTECINO, City Clerk
California
CITY COUNCIL AGENDA 6 DECEMBER 6, 20i �'� 014
Public Notices
• The La Quinta City Council Chamber is handicapped accessible. If special
equipment is needed for the hearing impaired, please call the City Clerk's Office at
777-7103, twenty-four (24) hours in advance of the meeting and accommodations
will be made.
• If special electronic equipment is needed to make presentations to the City Council,
arrangement should be made in advance by contacting the City Clerk's Office at
777-7103. A one (1) week notice is required.
• If background material is to be presented to the City Council during a City Council
meeting, please be advised that eight (8) copies of all documents, exhibits, etc.,
must be supplied to the City Clerk for distribution. It is requested that this take
place prior to the beginning of the meeting.
• Any writings or documents provided to a majority of the City Council regarding any
item on this agenda will be made available for public inspection at the City Clerk
counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253,
during normal business hours.
CITY COUNCIL AGENDA 7 DECEMBER 6, 2011' W'1 015
C704D0�5"
11
MEMORANDUM
TO: Honorable Mayor and Members of the Ci Council
FROM: Veronica J. Montecino, CMC, City Clerk
VIA: John M. Falconer, Acting City Manager J(
DATE: December 1, 2011 (((JJJ
SUBJECT: Conflict of Interests
The following conflicts of interest have been identified by staff for the
December 6, 2011 City Council meeting due to the proximity of residences:
Cry
Council Member Evans - G+T-ACCEPTANCE OF WASHINGTON STREET
DRAINAGE IMPROVEMENTS PHASE 2, PROJECT
NO.2010-08
Council Member Franklin - PH 1 -CONTINUED PUBLIC HEARING TO
CONSIDER A RESOLUTION ADDING CERTAIN
ALTERNATIVE CONDITIONS OF APPROVAL TO
FOUR TRACT MAPS ALLOWING THE DESIGN
AND CONSTRUCTION OF RAISED MEDIANS IN
LIEU OF TRAFFIC SIGNALS FOR TRACT MAP
NOS. 25500-4, 28603-1, 28838-1, AND 29147-1, KSL
LAND CORPORATION, AND APPROVING A CASH
PAYMENT FOR REMAINING OFFSITE
IMPROVEMENTS ASSOCIATED WITH TRACT
MAP 28960
cc: Acting City Manager
City Attorney
Department Directors
•1q a 016
WRITTEN CORRESPONDENCE ITEM: I —
From:
Sent:
Rebecca Kenary <rebeccakena oo.com>
To:
Tuesday, November 15, 2011 g 088 AM
Cc:
City Managers Office; Maria Casillas
Subject:
Linda Evans; Councilwoiman Kristy Franklin
Women Leaders Forum event sponsorship
Good morning, Maria -
I am President of Women Leaders Forum of the Coachella Valley (WLF), a non-profit organization founded 10 years ago
by Mary Roche. We are having our 3r° "GIRLZ & Our Leaders" Scholarship Fundraiser Luncheon on Monday, January 16
and I am writing to request sponsorship from the City of La Quints.
WLF's mission is to develop, empower and serve leaders of all ages and backgrounds. We have monthly events for
women and a successful program (Young Women Ambassadors) for high school girls. We have over 100 young women
from 10 Coachella Valley high schools participating this year. WLF has awarded over $100,000 in scholarships since its
inception, including $18,500 last year alone. You can read all about us at www.wlfdesert.org.
WLF is proud to present a panel of all the elected women officials of the Coachella Valley at its Scholarship Fundraiser
Luncheon. In an effort to keep ticket prices affordable and maximize scholarship revenue, we are asking those cities with
an elected official participating to consider a $500 Community Sponsorship. Amy Blaisdell, Communications Director for
the City of Palm Springs and WLF member, suggested the idea and we are thrilled that Palm Springs has committed to be
a Community Sponsor!
We hope that you will view this as a worthwhile event to sponsor. Please don't hesitate to call or email with any questions
you may have. We are planning to send invitations the last week of November so will need your response as soon as
possible.
Thank you, in advance, for your consideration!
Rebecca Kenary
WLF President
(760)469-3875
«p.� 017
F
GF� OF'rHti9
COUNCIL/RDA MEETING DATE: December 6, 2011
ITEM TITLE: Approval of Demand Register Dated
"009161 2011
RECOMMENDATION:
Approve Demand Register Dated December 6, 2011
BACKGROUND:
Prepaid Warrants:
93987 - 94017)
94018 - 94051 }
94052}
Voids}
Wire Transfers}
P/R 36483 - 36490)
P/R Tax Transfers}
Payable Warrants:
94053 - 94170}
FISCAL IMPLICATIONS:
Demand of Cash -City
Demand of Cash -RDA
EDemand of Cash - HA
1i/1/�.
John M. Falconer, Finance Director
51,944.63
474,004.19
6,721.95
0.00
206,760.68
200,019.78
57,156.10
2,736,892.62
$3,733,499.95
$3,729,648.17
$3,851.78
$0.00
AGENDA CATEGORY:
BUSINESS SESSION
r N INT tarNDAR
STUDY SESSION
PUBLIC HEARING
"a '� Q2'8
CITY OF LA QUINTA
BANK TRANSACTIONS 11/9/11 - 11/22111
11/10/11 WIRE TRANSFER - ICMA
11/10/11 WIRE TRANSFER - LQCEA
11/10111 WIRE TRANSFER -PERS
11/15/11 WIRE TRANSFER -.TASC
11/18/11 WIRE TRANSFER - LANDMARK
11/22/11 WIRE TRANSFER -PERS
$10,783.09
$145.00
$56,254.12
$988.37
$133,787.88
$4,802.22
TOTAL WIRE TRANSFER OUT $206,760.68
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OF Tt�
COUNCIL/RDA MEETING DATE:
December 6, 2011
ITEM TITLE: Approval of Second Reading and Adoption
of Ordinance No. 494 Amending Title 2 of the
Municipal Code to Repeal Chapter 2.75, Cultural Arts
Commission and Amend Chapter 2.95, Community
Services Commission
RECOMMENDATION
Adopt Ordinance No. 494 on second reading.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 2
STUDY SESSION:
PUBLIC HEARING:
On November 15, 2011, the City Council moved to take up Ordinance Number 494 on
first reading. The City Council further moved to introduce Ordinance No. 494 on first
reading.
The motion to introduce Ordinance No. 494 carried by the following vote:
AYES:Council Members Evans, Franklin, Henderson, Mayor Adolph
NOES: None
ABSENT: Council Member Sniff
ABSTAIN: None
041
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt Ordinance No. 494 on second reading; or
2. Do not adopt Ordinance No. 494 on second reading; or
3. Provide staff with alternative direction.
CIVIC, City Clerk
Approved for submission by:
'C
John M. Falconer, Acting City Manager
�.a.j 042
ORDINANCE NO. 494
AN ORDINANCE OF THE CITY OF LA QUINTA,
CALIFORNIA, REPEALING THE LA QUINTA MUNICIPAL
CODE TITLE 2 CHAPTER 2.75 CULTURAL ARTS
COMMISSION AND AMENDING CHAPTER 2.95
COMMUNITY SERVICES COMMISSION
WHEREAS, Chapters 2.75 and 2.95 of the La Quinta Municipal Code (the
"Code") concern the City of La Quinta's (the "City") defunct Cultural Arts
Commission and its Community Services Commission, respectively; and
WHEREAS, the City had previously found that there were overlapping duties,
objectives, and other functions between these commissions, and as a result, the
City had stopped appointing persons to its Cultural Arts Commission, which
Commission has ceased to exist, and the City instead requested the Community
Services Commission to subsume the functions previously carried out by the
Cultural Arts Commission; and
WHEREAS, the City has determined that formally amending the provisions in
in Code concerning the Community Services Commission's duties would be the
most efficient and productive way to ensure that the functions previously assigned
to the Cultural Arts Commission are carried out; and
WHEREAS, The City has determined that there is no need to continue the
Cultural Arts Commission as a separate commission; and
WHEREAS, the City believes that these changes are in the best interest of
the citizens of the City of La Quinta.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
La Quinta does ordain as follows:
SECTION 1. Chapter 2.75 is repealed in its entirety.
SECTION 2. Chapter 2.95 (Community Services Commission) is amended as
follows:
A. Add the following to paragraph 1 of 2.95.020 Purpose and objectives: and
to advise the City Council with respect to the City's development of cultural
arts, including cultural events and activities; promoting the literary,
performing and visual arts. The commission shall also maintain and
:6 043
Ordinance No. 494
Amending Sections of Title 2 of the Municipal Code
Re: Community Services Commission and Cultural Arts Commission
Adopted: December 6, 2011
Page 2
implement the Art in Public Places Plan subject to approval of the City
Council.
B. Add the following as objectives to 2.95.020 Purpose and objectives:
C. To advise the City Council on matters affecting the cultural art of the City, to
advise and assist other City boards, committees and commissions in the field of the
arts, and to cooperate and work with cultural art organizations;
D. To encourage and facilitate programs in the arts thereby promoting cultural
enrichment of the community;
E. Cultural arts as used in this section may involve cultural and arts -related
disciplines and activities, including, but not limited to, the following:
1. Performing arts, such as drama, music and dance;
2. Visual arts, such as painting, sculpture, photography, graphics, video art,
applied art and public art;
3. Literary arts, such as literature, poetry, and journalism;
4. Communications arts involving film, television, radio, and technology; and
5. Recommending funding opportunities (Ord. 317 § 9 (part), 1998).
C. Add the following as Powers and duties to 2.95.040:
19. Analyze City cultural arts programs' effectiveness and needs, and
recommend to the City Council comprehensive solutions;
20. Make recommendations for research and solicitation of grants and
donations;
21. Make recommendations to the City Council concerning the resources and
needs of the community on the subject of the arts, opportunities for
participation of artists and performers in city -sponsored activities, and ways to
encourage community involvement;
22. Make recommendations to the City Council regarding the funding of
community art events and activities, and regarding the disbursement of
revenues consistent with the needs of the community;
23. Work cooperatively with City boards, commissions and committees, and
other public and private organizations in promoting art and cultural activities
within the City;
4 044
Ordinance No. 494
Amending Sections of Title 2 of the Municipal Code
Re: Community Services Commission and Cultural Arts Commission
Adopted: December 6, 2011 `
Page 3
24. Encourage public and private partnerships;
25. Encourage art and cultural activities among residents of the City;
26. Implement such art and cultural activities as may be delegated to it from
time to time by the City Council, including the selection of artists for art
programs and projects, and the award of contracts for art projects and
programs;
27. Develop public art awareness through the' presentations of speakers,
forums, and special events;
28. Maintain and implement the Art in Public Places Strategic Plan subject to
approval by the City Council. To the extent possible, the plan shall identify art
sites, artwork and estimates of cost for the artwork and art sites;
29. The commission will submit to the City Council a recommendation for
ratification of public art to be financed by the art in public places program;
30. The commission will work with City staff to develop a list of possible
public art sites;
31. The commission will seek ways of procuring public art through fees,
endowments, donations, loan programs, trusts and similar means of support;
and
32. The commission will make recommendations to the City Council for the
commissioning of artworks, the purchase or lease of art sites, agreements for
the purchase and display of artwork, or the repair, maintenance or servicing of
artwork (Ord. 31.7 § 9 (part), 1998).
SECTION 3. EFFECTIVE DATE. This Ordinance shall take full force and effect and
be in force 30 days after passage.
SECTION 4. POSTING. The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least three public places designated by
resolution of the City Council, shall certify to the adoption and posting of this
Ordinance; and shall cause this Ordinance and its certification, together with proof
of posting to be entered into the Book of Ordinances of the City of La Quinta.
.,,%j*J 045
Ordinance No. 494
Amending Sections of Title 2 of the Municipal Code
Re: Community Services Commission and Cultural Arts Commission
Adopted: December 6, 2011
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of La
Quinta at a regular meeting thereof held on the 61" day of December 2011, by the
following vote:
AYES: Council Members
NOES:
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
".'� 046
Ordinance No. 494
Amending Sections of Title 2 of the Municipal Code
Re: Community Services Commission and Cultural Arts Commission
Adopted: December 6, 2011
Page 5
STATE OF CALIFORNIA ►
COUNTY OF RIVERSIDE ► ss.
CITY OF LA QUINTA ►
I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify the foregoing to be a full, true, and correct copy of Ordinance No.
494 which was introduced at a regular meeting on the 15' day of November,
2011, and was adopted at a regular meeting held on the 6th day of December
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. 2006-1 15.
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 December 7, 2011,
pursuant to Council Resolution.
VERONICA J. MONTECINO, CMC, City Clerk
City of La Quinta, California
•„■;J 041
TuY' °F lWQd^fa
COUNCIL/RDA MEETING DATE: December 6, 2011
ITEM TITLE: Acceptance otii the Off -Site Improvements
Associated with Tract Map No. 31874-1, Carmela,
Taylor Woodrow Homes, Inc.
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: _
CONSENT CALENDAR: 3
STUDY SESSION:
PUBLIC HEARING:
Accept off -site improvements associated with Tract Map No. 31874-1, Carmela, and
authorize staff to release the performance security; direct staff to release the labor and
materials security ninety (90) days after City Council acceptance of the improvements.
FISCAL IMPLICATIONS:
Catch basin maintenance is estimated to be $1,500 annually, which will be
incorporated in the Public Works Department Account No. 101-7003-431.43-73 for
storm drain maintenance. Median landscape maintenance is estimated to be $2,100
annually, which will be incorporated in the Public Works Department Account No. 101-
7004-431.34-04 for Citywide Landscape Maintenance.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Tract Map No. 31874-1, Carmela, is located north of Avenue 53 and west of Monroe
Street (Attachment 1). All obligations of the Subdivision Improvement Agreement
(SIA) for the off -site improvements have been satisfied. Attachment 2 indicates the
amount of the warranty security.
1m;
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Accept the off -site improvements associated with Tract Map No. 31874-1,
Carmela, Taylor Woodrow Homes, Inc. and authorize staff to release the
performance security; direct staff to release the labor and materials security
ninety (90) days after City Council acceptance of the improvements; or
2. Do not accept the off -site improvements associated with Tract Map No. 31874-
1, Carmela, Taylor Woodrow Homes, Inc. and do not authorize staff to release
the performance security; do not direct staff to release the labor and materials
security ninety (90) days after City Council acceptance of the improvements; or
3. Provide staff with alternative direction.
Respectfully submitted,
imothy R onass
Public Works Dire /City Engineer
Approved for submission by:
�ohn M. Falconer,
Acting City Manager
Attachments: 1. Vicinity Map
2. Warranty Security Exhibit
...Is 1 049
ATTACHMENT 1
TM 31874-1 CARMELA
HIGMAY m
z
PROJECT
SITE
ICINITY MAP
NOT TO SCALE
�' 050
ATTACHMENT 2
WARRANTY SECURITY
Tract Map No. 31874-1 — Off -Site Improvements
Development Name: Carmela
OFFSITE IMPROVEMENTS
Performance Security'
Improvement Description
Labor &
Materials'
Original
Amount
Proposed
Reduction
WARRANTY
AMOUNTS
Streets Improvements
$273,400
$273,400
90%
$27,340
Water Improvements
$198920
$198920
90%
$19892
8ft Meandering Sidewalk
$33 790
$33 790
90%
$3 379
6ft Block Wall
$396,000
$396,000
90%
$39,600
Perimeter Landscape (Includes Trail)
$326,040
$326,040
90%
$32604
18ft Raised Median Curb Only)
$17,360
$17,360
90%
$1 736
Traffic Signal at Monroe and Ave 53 25%
$50,000
$50,000
90%
$5 000
Monumentation at Monroe
-
$4,390
100%
$0
Standard 10%Contingency
$129550
$129990
100%
$0
Professional Fees Design 10%
$142 510
$142 990
100%
$0
Professional Fees, Construction (10%
1142,512
$142,990
100%
$0
No Plans Contingen (25%)
$356,270
$357,470
100%
$0
Totals
$2 066 350
$2,073,340
—
$129 551
Performance Security shall be released immediately upon City Council
acceptance
2 Labor & Materials Security to remain in place for 90 days after City Council
acceptance of improvements.
S WARRANTY SECURITY (10% of Original Performance Security) shall be
received by the City prior to being placed on the agenda for City Council.
,.p';- 051
T-af 4 4V 49"1
COUNCIL/RDA MEETING DATE: December 6, 2011
ITEM TITLE: Approval to Excuse Commissioner Robert
Wilkinson's Absence from the November 8, 2011
Planning Commission Meeting
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: _
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve a request from Commissioner Robert Wilkinson to be excused from attending
the November 8, 2011 Planning 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: "If a
member absents him or herself from ...scheduled meetings ... (a) board or commission
member may request advance permission from the City Council to be absent at one or
more regular meetings due to extenuating circumstances, and/or may request the City
Council to excuse an absence after -the -fact where such extenuating circumstances
prevented the member from seeking advance permission to be absent. If such
permission or excuse is granted by the City Council, the absence shall not be counted
toward the ... limitations on absences."
p.`; 052
Staff has discussed this section with all Commissions and in response, Planning
Commissioner Wilkinson notified staff, just prior to the meeting, that he would be
unavoidably delayed from attending the November 8, 2011 Planning Commission
meeting. He has requested the City Council excuse him, after -the -fact, from that
meeting. The request is being made as noted in Attachment 1.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve a request from Commissioner Robert Wilkinson to be excused from
attending the November 8, 2011 Planning Commission meeting; or
2. Deny Commissioner Wilkinson's request; or
3. Provide staff with alternative direction.
Respectfully submitted,
Planning Director
Approved for submission by:
John M. Falconer,
Acting City Manager
Attachment: 1. Request from Commissioner Wilkinson
..a 053
ATTACHMENT 1
Carolyn Walker
From: robertww55@aol.com
Sent: Wednesday, November 09, 2011 9:58 AM
To: Carolyn Walker
Subject: Attendance
I would like to request permission to be excused from the Planning Commission meeting of November 8, 2011.
I had a business appointment, out of the area, which should have been completed in time to allow me to attend the
meeting. However, the meeting was delayed and drive time longer than anticipated and I was unable to get in town in
time for the meeting.
Please excuse this absence.
Thank you.
Robert Wilkinson
Sent via BlackBerry by AT&T
054
t
S
AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: December 6, 2011
BUSINESS SESSION:
ITEM TITLE: Approval of Fiscal Year 2010/2011 5
CONSENT CALENDAR:
City of La Quinta Art in Public Places Annual Report
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Approve the Fiscal Year 2010/2011 City of La Quinta Art in Public Places Annual
Report prepared in accordance with Chapter 2.65 of the La Quinta Charter and
Municipal Code.
FISCAL IMPLICATIONS:
The City must expend or commit fees from the Art in Public Places program within
two years of their receipt and must account for these fees in a separate fund. In
addition, administration expenses are limited to less than $25,000 or less than 5%
of total funds in the account as of July 1" of any year.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The City of La Quinta Art in Public Places fund is governed by Chapter 2.65 of the
Municipal Code as amended by Ordinance No. 339.
The major financial requirements that must.be measured annually for conformance
are found in the following Sections as follows:
2.65.110 (F) Reimbursement. In the event fees have not been committed for
a use as specified in subsection B of this section within two years of their
..% 1 055
collection, the fees in the art in public places fund shall be distributed by the city to
the person or entity who has paid the fees or in any other manner permitted by
law.
2.65.110 (B) (7) Administrative expenses to otherwise implement any provision of
this chapter, however, in no event shall said administrative expenses exceed five
percent of the total funds in the account on July 1 '` of any year or twenty-five
thousand dollars in any fiscal year.
Staff has prepared the analysis of the Art in Public Places, which disclosed no
reimbursements due to contributors and no excess administrative costs
(Attachment 1). Staff provided the report and Attachment 1 to the Desert Valley
Builders Association (DVBA) on October 11, 2011 pursuant to their written
request. On November 1, 2011, the DVBA provided a written response which is
included as Attachment 2.
FINDINGS AND ALTERNATIVES:
The City of La Quinta meets the financial requirements of Municipal Code 2.65 -
Art in Public Places for Fiscal Year 2010/2011.
The Alternatives available to the City Council include:
1. Approve the Fiscal Year 2010/2011 City of La Quinta Art in Public Places
Annual Report prepared in accordance with Chapter 2.65 of the La Quinta
Charter and Municipal Code;
2. Provide staff with alternative direction.
Respectfully submitted,
C:��r�'lNteL Lt�a�
Louise West, Accounting Manager
Approved for submission by:
John M. Falconer, Acting City Manager
Attachment: 1. Art in Public Places Financial Analysis
2. DVBA Letter dated November 1, 2011
"' 056
City of La Quints
Art In Public Places
ATTACHMENT 1
FY 10/11
The Art in Public Places fund is used to account for fees paid in lieu of acquisition and
installation of approved artworks at approved sites. The fees are refundable if not
expended or committed within two years.
July 1, 1999 - March 16,2000
Fee calculation - Residential is 1/4 of 1% of value exceeding $100,000 with a $20 minimum
- Commercial is 1/2 of 1% of value (no minimum)
March 17,2000 - the present
Fee calculation - Residential is 1/4 of 1% of value exceeding $200,000 with a $20 minimum
- Commercial is 1/2 of 1% of value (no minimum)
Beginning
Ending
Account Description
Fund Balances
FY 10111
Fund Balances
Revenues & Other Sources
Developer fees
52,976
Interest income
5,908
Credits Applied
Donations
Insurance recoveries
Total Sources
58,884
Expenditures & Other Uses
Transfer Out
0
Art purchases
73,869
Maintenance
15,020
Administration
0
Operating
961
Total Uses
89,850
Total Available
892,505
(30,966)
861 539
Administration Test
Expenses
Lesser of $25,000 or Available
5.00% 861,539
Budget
Actual
Under
25,000
43,077
-
(25,000)
25,000
25,000
.� 057
City of La Ouinta
An In Public Places
Two Year Test
Using First In First Out Method
Fvron� rlli�..ne e.1
Unspent Funds Represent Ending Fund Balance
Collections
Interest
City Contribution
Total
Commitments
Net Unspent Funds
Activities from 1991
32,394
3,525
50,000
85,919
85,919
0
Activities from 1992
55,401
11.646
67,047
67,047
0
Activities from 1993
20.717
12,157
32,874
32,874
0
Activities from 1994
64,139
7,137
71,276
71,276
0
Activities from 1995
56,466
11.444
67,910
67,910
0
Activities from 1996
103,247
14,109
117.356
117.356
0
Activities from 1997
99,984
16,171
116,155
116,155
0
Activities from 1998
117,005
14,845
131,850
131,850
0
Activities from 1999
380,753
28,328
409,081
409,081
0
Activities from 2000
309.321
32,169
341,490
341,490
0
Activities from 2001
160,155
36,787
196,942
196,942
0
Activities from 2002
103,102
22.956
126,058
126,058
0
Activities from 2003
228,044
13,374
241,418
241,418
0
Activities from 2004
287,055
13,578
300,633
300,633
0
Activities from 2005
254,834
15,262
270,096
270,096
0
Activities from 2006
368,427
33.282
401,709
401,709
0
Activities from 2007
133,929
47,310
181,239
161.239
0
Activities from 2008
155,944
42,625
198.569
198.569
0
Activities from 2009
105,570
18,852
124,422
124,422
0
Activities from 2010
16,836
4,544
21,380
21,380
0
Activities from 2011
52 976
5908
58,884
58,884
0
Total Ending Fund Balance
3 106 299
406 009
50 000
3 582 308
3 562 308
0
Result: City imposed Two Year Spent or Committed Test Met
" 058
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A l l AUNIVILN 11
2011 BOARD OF DIRECTORS
_ PRESIDENT
Phil Smith
Sunrise Company
I" VICE PRESIDENT
Mario Gowles
GHA Companies
2n° VICE PRESIDENT
Mark BamedaE
BMC
SECRETARY/IREASURFA
St. 1. Miller, CPA
O'Brien, Miller and Blake CPAs
VICE. PRESIDENT OF ASSOCIATES
Eileen Eske
Palm Dean National Bank
PAST PRESIDENT
Tom OnBose
Develnpmem Design.@ Engineering, Inc
CHIEF EXECUTIVE OFFICER
Grachan Gutie
Wesuy Ahlgrcn
The Hnmmingway Group
Brun Beandati
B A B Comnainy
Andy Bmkcbill
Coachella Valley Priming
Tom Davis
Agua Cahn Bard ofCahtaill. Indians
Mamas Dnay
MwWat Dnuy Conttruction
toe Hay.
RalsMank N A.
Mark Johnson
Coachella Valley Wma District
Allan Levin
Allan ,,n Ass«iues
Lipper Corutruaion, Ire
Bruce M
EmWpire Development
Noblela
Noble & Congrany, LLC
Dan Olivia
Nhtdl
Alan
P.
/OlivierlWhirtaker LLP
Alan PaG
ti ra Rooul
Mervin ono
MSA Convsh,aa Inc
Patrickwertham S
Imperial Irrigation Dittritt
lea Wmetkarga
Waztrnberga Conaruaion
Diane Williams
Deaen Commercial Cmnae
desert valleys builders association
45-311 Golf Center Parkway, Suite C, Indio California 92201
November 1, 2011
John M. Falconer, Finance Director
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92255
Mr. Falconer,
Thank you for providing the City of La Quinta's Annual Art in Public Places
Compliance Report for Fiscal Year 2010-2011.
After reviewing these documents we find that the report satisfies the City's
annual obligation under the Mitigation Fee Act.
DIVA a,
...111.; 062
ceit'd 4 4 Qu'Arcv
AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: December 6, 2011 BUSINESS SESSION: _
ITEM TITLE: Approval of. Fiscal Year 2010/201 1 CONSENT CALENDAR:
City of La Quinta Development Project Fee Report
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Approve the Fiscal Year 2010/2011 City of La Quinta Development Project Fee
Report ("Report") prepared in accordance with Government Code Section 66000
and 65865.
FISCAL IMPLICATIONS:
The City must expend or commit developer fees from Infrastructure, Quimby, and
Development Impact Funds within five years of their receipt and must account for
these fees in a separate fund and report payments pursuant to development
agreements entered into after January 1, 2004.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The City of La Quinta has three developer project fees subject to the requirements
of Government Code Section 66000 - Infrastructure, Quimby, and Developer
Impact fees.
The major requirements that must be performed annually are included in
Government Code Section 66006 (b). Section 66006(b) requires specific additional
accounting information to be reported each year for each fund as follows:
For each separate account .or fund established pursuant to subdivision (a), the local
063
agency shall, within 180 days after the last day of each fiscal year, make available
to the public the following information for the fiscal year:
(A) A brief description of the type of fee in the account or fund;
(B) The amount of the fee;
(C) The beginning and ending balance of the account or fund. The amount
of fees collected and the interest earned;
(E) , An identification of each public improvement on which fees were
expended and the amount of the expenditures on each improvement,
including the total percentage of the cost of the public improvement
that was funded with fees;
(F) An identification of an approximate date by which the construction of
the public improvement will commence if the local agency determines
that sufficient funds have been collected to complete financing on an
incomplete public improvement, as identified in paragraph (2) of
subdivision (a) of Section 66001, and the public improvement remains
incomplete;
(G) A description of each interfund transfer or loan made from the account
or fund, including the public improvement on which the transferred or
loaned fees will be expended, and, in the case of an interfund loan,
the date on which the loan will be repaid, and the rate of interest that
the account or fund will receive on the loan.
Staff has prepared the Report which provides an analysis of the Infrastructure,
Quimby, Developer Impact fees and development agreement payments for Fiscal
Year 2010/201 1 (Attachment 1).
Staff has prepared a,schedule of development agreement payments received for
Fiscal Year 2010/2011 in accordance with Government Code Section 65865
(Attachment 2).
Staff did receive a request from the Desert Valleys Builders Association (DVBA) to
review Attachments 1 & 2. Staff provided the report and Attachments 1 & 2 to
the DVBA on October 11, 2011 pursuant to their written request of April 20,
2011. On November 1, 2011, the DVBA provided a written response which is
included as Attachment 3 along with staff's written response dated November7,
2011.
. C64
FINDINGS AND ALTERNATIVES:
The City of La Quinta Infrastructure, Quimby Developer Impact fee and
development agreement payments programs meet the annual filing requirements of
Government Code Section 66000 and 65865 for Fiscal Year 2010/2011.
The alternatives available to the City Council include:
1. Approve the Fiscal Year 2010/2011 City of La Quinta Development Project
Fee Report prepared in accordance with Government Code Section 66000
and 65865; or
2. Do not approve the Fiscal Year 2010/2011 City of La Quinta Development
Project Fee Report prepared in accordance with Government Code Section
66000 and 65865; or
3. Provide staff with alternative direction.
Respectfully submitted,
Louise West, Accounting Manager
Approved for submission by:
John M. Falconer, Acting City Manager
Attachments: 1. Development Project Fee Report
2. Development Agreement Report
3. DVBA Letter dated November 1, 2011 and staff's
response
a 065
ATTACHMENT 1
City of La Quinta
Infrastructure fee
Government Code 66000 Calculation
FY 10/11
The infrastructure fee fund is used to account for the accumulation of resources, provided through developer
fees for the acquisition, construction or improvement of the City's infrastructure as defined in Resolution 89-
39.
The fee is based upon the attached formula and data sheet and varies from project to project.
Account Description
Beginning
Fund Balance
FY 10111
Ending
Fund Balance
Revenues & Other Sources
Developer fees
Interest income
0
2,762
Total Sources
0
2,762
Expenditures & Other Uses
Transfers out - Capital Improvement Project Fund
0
Total Uses
0
Total Available
405,039
2,762
407,801
Five Year Test
Using First In First Out Method
June 30, 2011
Remaining
Commitment
Unspent
Unspent Funds Represent Ending Fund Balance
Revenues Collected from 2000
0
0
0
Revenues Collected from 2001
86,611
• 86,611
0
Revenues Collected from 2002
126,854
126,854
0
Revenues Collected from 2003
70,822
70,822
0
Revenues Collected from 2004
31,458
31,458
0
Revenues Collected from 2005
16,302
16,302
0
Revenues Collected from 2006
24,204
24,204
0
Revenues Collected from 2007
25,293
26,293
0
Revenues Collected from 2008
14,373
11,530
2,843
Revenues Collected from 2009
7,083
0
7,083
Revenues Collected from 2010
2,039
0
2,039
Revenues Collected from 2011 1
2 762
0
2 762
Total Ending Fund Balance
407,801
393,074
14 727
Result : Five Year Spent Test Met in accordance v4ih Government Code 66001.
-.» 066
City of La Quinta
Quimby Fees
Government Code 66000 Calculation
FY 10/11
The City has established the Quimby Special revenue fund. The fund is used to account for the accumulation
of developer fees received under the provisions of the Quimby Act for park development and improvements.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning
Ending
Account Description
Fund
Balances
FY 10/11
Fund Balances
Revenues & Other Sources
Developer fees
$0
Interest income
61,353
Contributions from property owners
0
Miscellaneous
0
Transfers in
0
Total Sources
61,353
Expenditures & Other Uses
0
Transfers out Capital Projects
2,011,105
First In First Out Method
Revenues Collected from 2006
Revenues Collected from 2007
Revenues Collected from 2008
Revenues Collected from 2009
Revenues Collected from 2010
Revenues Collected from 2011
June 30 2011
Remaining
Commitment
Unspent
5,232,994
5,232,994
0
2,209,954
2,209,954
0
708,461
708,461
0
204,441
69,592
134,849
77,977
0
77,977
61,353
1 0
61,353
$8,495,180
$8,221,001
TO 179
Code 66001.
Capital Improvement Facilities
FY 10/11
Remaining
Commitment
% Complete
% funded with fee
Sports Complex Renovation
802,836
1,104
99%
88%
Colonel Paige Sports Field Lighting
460,325
10,344
100%
100%
Seasons Park
188,727
0
100%
100%
Pioneer Park -
314,143
139,070
100%
100%
Fritz Burns Dog Park
0
10,000
0%
100%
Colonel Paige Sports Field Restroom
245,074
4,700
100%
100%
lCommunity Park Land Acquisition
0
7,983,438
1 %
100%
Total
$2,011,105
$8,148,656
p.l 067
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072
ATTACHMENT 2
City of La Quinta
Developer Agreement Activity
FY 10111
For FY 06/07, the following development agreement payment was received for development agreements
entered into after January 1, 2004 in accordance with Government Code Section 65865
Date Project Purpose Amount Interest earned Total
10/9/2006 Plaza Estado Fee In lieu of Old Town Parking Requirement 180,000 20,477 200,477
.•p.`; 073
A l l AUNIVILN I s
2011 BOARD OF DIRECTORS
PRESIDEN
Phil Smith
Sunrise Company
I- VICE PRESIDENT
Mario Go.].
GHA Companies
2' VICE PRESIDENT
Mark Benedetti
BMC
SECREfARYRREASURER
Steen 1. Millen CPA
O'Brien, Miller and Blakc CPAs
VICE PRESIDENT OF ASSOCIATES
Eileen Eske
Palm Dmert National Bank
PAST PRESIDENT
Tom DttBosa
Development Ham, & Engineering, Inc
CHIEF EYIiCLTIVE OFFICER
Gmmhan Gmier.
Wesley Ahlgmn
TM Hemmingway Group
Brian Banedani
B A B Cotdtaaing
Andy Bnakabill
Coadrclla Valley Printer,
Tom Davis
Aqua Calieme BaM ofCahuilla Indians
Margaret Deny
Margaret Dray Cmammaion
J. Hays
Rabobaak, N.A.
Mark Johnson
Coachella Valley Water District
Allan Levin
Allan Levin Assoeml.
Dave Lippan
Lippol Cosmnsnier, Inc
Bmce Mentt
Empire West Development
Tom Noble
Noble & Compar,, LLC
Dan Olivia
Mudler101Mar/Whrcmkm LLP
Atem Paz
Petra Gemecbni.l
Morin Root
MSA Corwhing Im
Pamek S.hom
Imperial Inripption Metric
Jelf Watombargc
W'attenbarga Conrtmaimn
Dmre Williams
Dcsrrt C, mmcnal Concrte
desert valleys builders association
45-311 Golf Center Parkway, Suite C, Indio California 92201
November 1, 2011
John M. Falconer, Finance Director
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92255
Mr. Falconer,
Thank you for providing the City of La Quinta's Annual Development Project
Fee Report for Fiscal Year 2010-2011.
After reviewing these documents we are in need of some additional
clarification regarding how the City has met the Five Year Expenditure
obligation for the Community Center Fund, which has collected $1,181,043
since the Year 2000 without showing any expenditures or allocations.
Otherwise, we find that the report satisfies the City's annual obligation under
the Mitigation Fee Act.
cer
•'a ` 074
P.O. Box 1504
LA QUINTA, CALIFORNIA 92247-1504
78-495 CALLF TAMPICO (760) 7 7 7 - 7 0 0 0
LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101
November 7. 2011
Ms. Gretchen Gutierrez
Executive Director
Desert Valleys Builders Association
45311 Golf Center Parkway, Suite C
Indio, CA 92201
RE: City of La Quinta Annual Development Project Fee Report (DIF) for Fiscal Year
2010-2011
Dear Gretchen:
Thank you for your review of the Annual Development Project Fee Report.
Enclosed please find the City of La Quinta Capital Improvement Program Revenue
Summary which lists the Community Center DIF project at $1.862 million. As of June 30,
2011 we have collected $1.181 million which is $681,000 less than needed to begin
construction.
If you have any questions, please feel free to give me a call.
Thank you.
John M. Falconer
Finance Director
JMF:vIo
Enclosure: Capital Improvement Program Revenue Summary
" 075
a
L'.. (o
I��le�ll
34-360 Gateway Drive, Palm Desert, California 92211
November 30, 2011
2011 BOARD OF DIRECTORS
PRESIDENT
Phil Smith
-
SunriseCompany
I- VICE PRESIDENT
City of La Quinta
11vioOonrx
GHA Compananies
78-495 Calle Tampico
2n° VICE PRESIDENT
La Quinta, CA 92255
Mark Benedani
BMC
SECRETARY/TREASURER Attn: John M. Falconer, Finance Director
Steven 1. Miller, CPA
O'Brian. Miller "Wake CPAs
VICE PRESIDENT OF ASSOCIATES Eileen Eekc Dear Mr. Falconer
Palm Desert National Bank
PAST PRESIDENT
Tom DuBase
Thank you for providing the additional material regarding the Capital Improvement
Development Design & Engineering, Inc
Project AD47, referencing the Senior Center Expansion. The DVBA is satisfied that
CHIEF EXM UIVE OFFICER
Cr"`hen Cu'iam,
the City has met its annual obligation under the Mitigation Fee Act.
Wealev Ahlgran
On, Hammingway Group U. BRespectfully, _
Benedanl 1 — a I
B A B Cmem.ing
Andv Brakebill
Coachella Valley Printing , ^ —
Tom DaisApa 1 v— yg• r
rce Bvd oPCalwilla Indians \ I�UUU E, J1,!Margaret Drury Gretche utierrez
LU
MaDrury ConstructionIce Haym Hayes eeut r .._-
Rabobaek,N.A. CITY Di- F
Mark Johnson C(T'1' LA tiU1Ni
Coachella Valley Water Disvia
Desert Valleys Builders Association p(,acta Da 7
Allan Levin
Allen Levin Aasocates
Dave Lippert
Lippert ion, Inc
Bru. ce Maizeiiiae -
Empire De.menn _
Tom Noble
<lop
Noble &Company, LLC
Dan Olivier
Olivier/Whittaker UP
Alantan Pace
Petri Gmtechrdcal
Marvin Roo
MSA CoartlIM
Patrick gwardhww
Imperial Irrigation Disnia
/i t.hargar Wattenbarger C.nsuvaion
li 076
� Z
u �
�'F �• " AGENDA CATEGORY:
CFM OF'Rtif'9� -
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: December 6, 2011 CONSENT CALENDAR: /
ITEM TITLE: Acceptance of State Funding in the STUDY SESSION:
Amount of $100,000 from the Supplemental Law PUBLIC HEARING:
Enforcement Services Fund
RECOMMENDATION:
Approve the acceptance of state funding in the amount of $100,000 from special
funding for law enforcement entitled Supplemental Law Enforcement Services Fund
(SLESF) which would be ,used to support the City's frontline police services as
recommended by the Chief of Police. This program is administered through the County
of Riverside, which is chaired by the Sheriff. See Letter from Assistant Sheriff Lee
Wagner dated November 22, 2011 (Attachment 1).
FISCAL IMPLICATIONS:
The City has established a SLESF Federal COPS Program revenue account (212-0000-
334.21-00) to accept the funding, and corresponding expenditure accounts: 101-
5054-421.36-71 (Robbery Prevention - $50,000) and 101-5054-421.36-72
(Burglary/Theft Prevention - $50,000) to track allocations. This SLESF funding of
$100,000 is included in the Fiscal Year 2011/2012 adopted budget.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
In April 2002, Senate Bill 823 amended the Government Code Sections 30061 and
30063 to require that: "The city council shall appropriate existing and anticipated
moneys exclusively to fund frontline municipal police services, in accordance with
written requests submitted by the chief of police of that city or the chief administrator
of the law enforcement agency that provides services for that city."
"� 077
Funds are appropriated by population: La Quinta's share of the funds for 201 1 /2012 is
$100,000. The City Council reviewed the recommendations from the Chief of Police
during the budget process, based on tentative projections from the State. As a result,
the Fiscal Year 2011/2012 Budget includes $50,000 for Robbery Prevention and
$50,000 for Burglary/Theft Prevention. The proposed Expenditure Plan form for police
services is provided as Attachment 2.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the Supplemental Law Enforcement Services Fund Expenditure Plan for
Fiscal Year 201 1 /2012 to be used for frontline police services; or
2. Do not approve the approve the Supplemental Law Enforcement Services Fund
Expenditure Plan for Fiscal Year 201 1 /2012 to be used for frontline police
services; or
3. Provide staff with alternative direction.
Respectfully submitte ,
5 Osc r Santana
Management Analyst
Approved for submission by,
MJ Falconer
Acting City Manager
Attachments: 1. Letter from Lee Wagner, Assistant Sheriff
dated November 22, 2011
2. Supplemental Law Enforcement Services
Fund Expenditure Plan
". j 078
Attachment 1
COUNTY
STAN SNIFF, SHERIFF
November 22, 2011
Mr. John Falconer
Interim City Manager
City of La Quinta
P.O. Box 1504
La Quinta, CA 92247
Dear Mr. Falconer,
IG9itA9fiJ
P.O. BOX 513 • RIVERSIDE, CALIFORNIA 92502 - (951) 955-2700.
The Supplemental Law Enforcement Services Fund (SLESF) provides money to support front line law
enforcement services. In April 2002, Senate Bill 823 amended the Government Code Sections 30061 and
30063 to require that, "The city council shall appropriate existing and anticipated moneys exclusively to
fund frontline municipal police services, in accordance with written requests submitted by the chief of
police of that city or the chief administrator of the enforcement agency that provides police services for
that city."
Please submit your city expenditure plan for the FY 2011-2012 allocation as requested. The expenditure
form is attached. Your allocation is $100,000.00. The request to the city council should specify the
personnel, equipment, and programs necessary to meet the city's needs. The council, at a public meeting,
considers the request and determines the allocation of funds.
Once your city council has approved your local expenditure plan, please submit a copy to the Riverside
County Sheriffs Department. The Sheriff chairs the Supplemental Iaw Enforcement Oversight
Committee. This Committee must certify receipt and approval of the plan before the County
Auditor/Controller can request approval from the Board of Supervisors to release the funds in quarterly
increments.
Please submit your expenditure plan by December 16, 2011. You may email the completed plan to
ecarlock@riversidesherifforg or fax it to the Specialized Accounting Unit at 951-955-9650. If you have
any questions, please contact Liz Carlock at 951-955-9709. Thank you for your assistance.
S incerely,
STANLEY L. SNIFF, SHERIFF -CORONER
Lee Wagner, Assistant Sheriff
SS/ec
cc: Captain Raymond Gregory
Enclosure: SLESF Expenditure Plan
" 079
Attachment 2
Supplemental Law Enforcement Services Fund
Expenditure Plan
FY 2011-2012
City: La Quinta
Beginning Fund Balance 71,315
current Year Allocation
Expenditure Planned
Salaries and Benefits
Services and Supplies
Equipment
Administrative Overhead
Total Planned Expenditures
Date approved by the City Council : December 6, 2011
The City Manager herby certifies that the Supplemental Law Enforcement Services Plan was submitted
to the City Council and approved as listed.
City Manager
Date
Please provide the name of a contact person if there are any questions:
Name Contact Number
Riverside County S ESF Oversight Committee
City 2012 Expenditure Plan form
..j j 080
Tjht 4 4 a"
AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: December 6, 2011
BUSINESS SESSION:
ITEM TITLE: Acceptance of Fiscal Year 2010/201 1 Slurry Q
Seal Program, Project No. 2010-15 CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Accept Fiscal Year 2010/2011 Slurry Seal Program, Project No. 2010-15; as 100%
complete; authorize the City Clerk to file a Notice of Completion with the Office of the
County Recorder; and authorize staff to release retention in the amount of $87,774,
thirty-five (35) days after the Notice of Completion is recorded.
FISCAL IMPLICATIONS:
The project was included within the Public Works Department Operational Budget for
Fiscal Year 2010/201 1 . The line item for this project had an unspent amount available
of $917,711 (Account Number 101-7003-431.34-04) from the original budget
amount of $955,106.
The following is a budget summary:
Project Budget Total $ 917,711
Estimated Inspection Costs 1$ 7,5001
Project Budget Amount. Available $ 910,211
Revised Contract Amount ($ 877,749)
Project Budget Amount Remaining After Construction Efforts $ 32,462
Original Construction Contract Amount $ 869,461
Contract Change Order No. 1 $ 8,288
New Contract Total $ 877,749
Amount Paid to Contractor to Date 1$ 788,673)
Total Remaining Fiscal Commitment to Contractor $ 89,076
Total Retention to be Released 1$ 87,774)
Contract Amount Remaining to be Billed by Contractor $ 1,302
«N.,. 081
Adequate funding is available to pay the contractor's remaining billing ($1,302) and
retention ($87,774) for project closeout.
CHARTER CITY IMPLICATIONS:
The project is 100% funded by the City's General Fund. As such, the project was
advertised for bid as a non -prevailing wage.
BACKGROUND AND OVERVIEW:
In 2003, the City Council directed staff to implement an Annual Pavement Preservation
and Maintenance Program (PMP) maintaining an average Pavement Condition Index
(PCI) rating of 80 or better. The PMP is a citywide survey that provides a current
inventory of the City's streets, along with an analysis of the existing condition and
preservation recommendations. The PMP was last updated in November 2007. This
year's project did slurry up to 5,141,955 square feet of street surface, and restriped
the streets after the slurry seal was applied. In addition the project did refresh the
existing striping citywide on all major, primary and secondary arterials, and collector
streets.
On June 7, 2011, the City Council approved the plans, specifications and engineer's
estimate of probable construction costs, and authorized staff to advertise for bid the
Fiscal Year 2010/2011 Slurry Seal Program, Project No. 2010-15.
On June 7, 2011, the City received eight (8) sealed bids for the construction of this
project. A detailed bid comparison summary was provided for the City Council's
review. American Asphalt South, Inc. submitted the lowest responsive bid in the
amount of $1,109,944, which included the base bid area, plus additive alternates 1
and 2. Staff recommended the City award a contract to American Asphalt South, Inc.
to construct base bid area 1 and additive alternate 1 in the amount of $869,460.
On July 19, 2011, City Council awarded a contract for $869,460 to American Asphalt
South, Inc. to construct the Fiscal Year 2010/2011 Slurry Seal Program Project No.
2010-15.
On August 3, 2011, a Notice to Proceed was issued with a thirty (30) working day
contract completion time starting August 8, 2011, and ending on September 19,
2011. Contract change orders extended the project for a total of 12 working days.
The project was deemed substantially complete on October 5, 2011. Therefore, no
liquidated damages or early completion incentives are recommended.
Contract Change Order No. 1 allowed for additional slurry in adjacent areas, as well as
a contract quantity adjustment between the proposed bid quantities, and the actual
,.a.; 082
quantities utilized. Actual quantities may vary due to the bid quantities being
estimates and/or additional areas being added to the project scope.
The project's construction effort is now deemed to be 100% complete and is in
compliance with the plans and specifications.
The work was completed in portions of the Cove and North La Quinta, as well as re -
striping throughout the entire City, as per the vicinity map (Attachment 1).
Prior to filing the Notice of Completion, staff must receive authorization from the City
Council to approve this project as 100% complete and authorize the City Clerk to file a
Notice of Completion.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Accept Fiscal Year 2010/2011 Slurry Seal Program Project No. 2010-15; as
100% complete; authorize the City Clerk to file a Notice of Completion with the
Office of the County Recorder; and authorize staff to release retention in the
amount of $87,774, thirty-five (35) days after the Notice of Completion is
recorded; or
2. Do not accept Fiscal Year 2010/201 1 Slurry Seal Program Project No. 2010-
15; as 100% complete; do not authorize the City Clerk to file a Notice of
Completion with the Office of the County Recorder; and do not authorize staff
to release retention in the amount of $87,774, thirty-five 35 days after the
Notice of Completion is recorded; or
3. Provide staff with alternative direction.
Respectfully submitted,
0 a";m�e c�e,
Timothy R. Jo on, P.. .
Public Works i ctor/City Engineer
..16 0
Approved for submission by:
ohn M. Falconer,
Acting City Manager
Attachment: 1. Vicinity Map
lip
COUNCIL/RDA MEETING DATE: December 6, 2011
ITEM TITLE: Approval to Award a Contract to
Construct the Avenue 50 Pavement Reconstruction
Improvements, Project No. 2011 -11
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: [_
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:'
Award a construction contract to the lowest responsive bidder, in an amount to be
determined, to construct the Avenue 50 Pavement Reconstruction Improvements,
Project No. 2011 -11 .
FISCAL IMPLICATIONS:
The following is the projects approved funding and funding source:
City General Fund: $228,515
Total Funding: $228,515
Based on the engineer's estimate in the amount of $175,163, the following is the
anticipated project budget for the Avenue 50 Street Improvements:
Design:
Inspection/Testing/Survey
Construction:
City Administration
Contingency:
$10,000
$17,078
$175,163
$8,758
$17,516
Total Budget: $228,515
Construction bids for this project will be received on December 1, 2011. Staff will
prepare appropriate budget recommendations for the lowest responsive bidder and
will submit these recommendations in a supplemental staff report during the City
Council's December 6, 2011 meeting.
Np�J V 0 8 6
CHARTER CITY IMPLICATIONS:
The project is funded with by the City's General Fund. Therefore, because of the
City's status as a charter city, the City is not mandated to pay prevailing wage
rates as of this point in time. A case is pending before the California Supreme
Court that could impact this exemption.
BACKGROUND AND OVERVIEW:
The purpose ofthe project is to correct the distressed pavement condition caused
by ground subsidence on Avenue 50 approximately 800 feet east of Eisenhower
Drive. The pavement distress is generally manifested by transverse cracking and
the separation of the curb, gutter, and sidewalks on both sides of Avenue 50. It is
staff's opinion that this work is urgent and should proceed quickly. If this work is
not performed, the distressed condition will get worse and possibly result in
additional repairs and cost beyond that proposed at this time.
The proposed work will reconstruct approximately 175 linear feet of the eastbound
and westbound lanes and includes installation of new AC pavement and base
material, after the removal and re -compaction of the sub -grade in accordance with
the recommendations of the geotechnical investigation performed by Leighton
Consulting, Inc.
On November 1, 2011, the City Council appropriated funding, in the amount of
$228,515, from the City's General Fund unallocated reserves, account number
101-0000-290.00-00, approved the plans, specifications, and engineer's estimate
(PS&E) of probable construction costs, and authorized staff to advertise for bid the
Avenue 50 Pavement Reconstruction Improvements, Project No. 2011 -11.
Contingent upon the City Council's authorization to award a construction contract
on December 6, 2011, the following is the anticipated project schedule:
Project Award
Construction (20 working days)
Accept Improvements
December 6, 2011
December 2011 /January 2012
February 2012
..a . 087
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council will be provided in a supplemental
memorandum prior to the City Council meeting
Respectfully submitted,
imothy R J nas P.E.
Public Wor s Dire or/City Engineer
Approved for submission by:
John M. Falconer,
Acting City Manager
088
COUNCIL/RDA MEETING DATE: December 6, 2011
ITEM TITLE: Approval to Award a Contract to
Construct the Avenue 50 Pavement Reconstruction
Improvements, Project No. 2011 -11 -SUPPLEMENTAL
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: _
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
�►
Award a construction contract to Lee & Stires, Inc., in the amount of
$124,456.00, to construct the Avenue 50 Pavement Reconstruction
Improvements, Project No. 2011-11.
FISCAL IMPLICATIONS:
The following is the projects approved funding and funding source:
City General Fund: $228,515
Total Funding: $228,515
Considering the lowest responsive bid received by Lee & Stires, in the amount of
$124,456.00, the following is the anticipated project budget for the Avenue 50
Street Improvements:
Design: $10,000
Inspection/Testing/Survey $17,078
Construction: $124,456
City Administration $8,758
Contingency: $68,223
Total Budget: $228,515
As illustrated, adequate funding is available.
li'
CHARTER CITY IMPLICATIONS:
The project is funded by the City's General Fund. Because of the City's status as a
charter city, the City is not mandated to pay prevailing wages as of this point in
time. A case is pending before the California Supreme Court that could impact this
exemption.
BACKGROUND AND OVERVIEW:
The purpose of the project is to correct the distressed pavement condition caused
by ground subsidence on Avenue 50 approximately 800 feet east of Eisenhower
Drive. The pavement distress is generally manifested by transverse cracking and
the separation of the curb, gutter, and sidewalks on both sides of Avenue 50. It is
staff's opinion that this work is urgent and should proceed quickly. If this work is
not performed, the distressed condition will get worse and possibly result in
additional repairs and cost beyond that proposed at this time.
The proposed work will reconstruct approximately 175 linear feet of the eastbound
and westbound lanes and includes installation of new AC pavement and base
material, after the removal and re -compaction of the sub -grade in accordance with
the recommendations of the geotechnical investigation performed by Leighton
Consulting, Inc.
On November 1, 2011, the City Council appropriated funding, in the amount of
$228,515, from the City's General Fund unallocated reserves, account number
101-0000-290.00-00, approved the plans, specifications, and engineer's estimate
(PS&E) of probable construction costs, and authorized staff to advertise for bid the
Avenue 50 Pavement Reconstruction Improvements, Project No. 2011-11.
On December 1, 2011, the City received six (6) sealed bids for the construction of
this project. A detailed bid comparison summary is provided for the City Council's
review as Attachment 1. Lee & Stires, Inc. submitted the lowest responsive bid in
the amount of $124,456.00, which included the Base Bid Area, plus Additive
Alternates 1. Staff is recommending the City award a contract to Lee & Stires,
Inc. to construct the Base Bid and Additive Alternate 1 in the amount of
$124,456.00.
Contingent upon the City Council's authorization to award a construction contract
on December 6, 2011, the following is the anticipated project schedule:
Project Award
Construction (20 working days)
Accept Improvements
December 6, 2011
December 2011 /January 2012
February 2012
.V ;_ 090
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Award a construction contract to Lee & Stires," Inc., in the amount of
$124,456.00, to construct the Avenue 50 Pavement Reconstruction
Improvements, Project No. 201 1-1 1; or
2. Do not award a construction contract to Lee & Stires, Inc., in the amount of
$124,456.00, to construct the Avenue 50 Pavement Reconstruction
Improvements, Project No. 201 1-1 1; or
3. Provide staff with alternative direction.
Respectfully submitted,
Timothy R. Masson, P.E.
Public Work irector/City Engineer
Approved for submission by:
zv��M
John M. Falco er,
Acting City Manager
Attachment: 1. Bid Comparison Summary
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i3 S
OF
COUNCIL/RDA MEETING DATE: December 6, 2011
AGENDA CATEGORY:
BUSINESS SESSION:
ITEM TITLE: Approval of a Contract for Animal Shelter
Services with the County of Riverside CONSENT CALENDAR:,- 10
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Approve the Contract with Riverside County for Animal Control Services for the
period of January 16, 2012 through June 30, 2015.
FISCAL IMPLICATIONS:
The annual cost for each year of this multi year contract is $88,886. The actual costs
are adjusted each year based upon the actual number of animals sheltered in the
previous year and the actual number of animal licenses processed each month. The
monies required to fund the balance of Fiscal Year 2011 /2012 services are within the
currently approved budget and will be included in future year budgets.
CHARTER CITY IMPLICATIONS:
I0rem
BACKGROUND AND OVERVIEW:
The City of La Quinta has contracted with Riverside County for animal shelter services
since October 2003. At its November 16, 2010 meeting, the City Council approved a
contract extension through January 16, 2012. The contract under consideration
includes staffing for all shelter services, including adoptions.
p 094
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the contract with Riverside County for Animal Shelter Services; or
2. Do not approve the contract with Riverside County for Animal Shelter Services, -
or
3. Provide staff with alternative direction.
Respectfully submitted,
Approved for submission by:
Attachment: 1. Contract for Animal Services
.N 095
COUNTY OF RIVERSIDE
COMMUNITY HEALTH. AGENCY
s�Sy 0 F R1VF
* �P
o
4! S
\ Ir 9. 1 a %
COUNTY DEPTIDIVISION:
Department of Animal Services
CONTRACT NO.
11-119 .
RFP NO.
FUND:
10000
DEPARTMENT ID:
4200600300
PROJECT -GRANT:
ACCOUNT:
773210
CLASS LOCATION: 8602
CONTRACT AMOUNT: $310,033
PERIOD OF PERFORMANCE: January 16, 2012 through June 30, 2015
COUNTY CONTACT:
Robert Miller (951) 358-7442
CONTRACTOR REPRESENTATIVE:
Thomas P. Genovese (760) 777-7035
PROGRAM NAME: Animal Shelter Services
This agreement is made and entered into by and between the County of Riverside, a political
subdivision of the State of California, through its Community Health Agency, Department of Animal
Services, hereinafter referred to as COUNTY, and City of La Quinta, hereinafter referred to as CITY.
WITNESSETH:
WHEREAS, the CITY is desirous of contracting with COUNTY to provide animal shelter services
pursuant to this contract for the purpose of safeguarding the health and safety of the population of the City of
La Quinta, and the health and safety of its domestic animals for the purpose of promoting the humane
treatment of animals; and
WHEREAS, the CITY wishes to comply with state mandates regarding animal control; and
WHEREAS, COUNTY has the personnel and experience to provide such animal shelter services
and is willing to enter into a contract with CITY for the provision of such services subject to the terms and
conditions and for the compensation as hereinafter set forth.
NOW THEREFORE in consideration of the mutual promises, covenants and conditions
hereinafter contained, the Parties hereto mutually agree as provided on pages 1 through 5, Exhibit A
consisting of 5 pages, and Exhibit B consisting of 1 page, attached hereto and incorporated herein.
COUNTY CITY
By By
Bob Buster, Chairman, Board of Supervisors
Date By,
Print Name
ATTEST: Kecia Harper-Ihem, Clerk
By Date
..a 096
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1. COUNTY OBLIGATIONS:
1 COUNTY shall provide all services as outlined and specified in EXHIBIT A, SCOPE OF
2
ANIMAL SHELTER SERVICES attached hereto and by this reference incorporated herein.
3 2. PERIOD OF PERFORMANCE:
This Agreement shall be effective on January 16, 2012 through June 30, 2015, unless
4 terminated as specified in Section'7, TERMINATION.
5 3. COMPENSATION:
In consideration of services provided by COUNTY pursuant to EXHIBIT A, COUNTY shall
6 be entitled to receive payment as specified in EXHIBIT B, PAYMENT PROVISIONS,
attached hereto and incorporated herein by this reference.
4. AVAILABILITY OF FUNDING:
6 It is mutually agreed and understood that the obligation of the CITY is limited by and
9 contingent upon the availability of CITY funds for the reimbursement of COUNTY's fees.
In the event that such funds are not forthcoming for any reason, CITY shall immediately
10 notify COUNTY in writing. COUNTY shall be entitled to reimbursement of costs for work
performed, in accordance with EXHIBIT B.
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5. HOLD HARMLESS/INDEMNIFICATION:
12 5.1 CITY shall indemnify and hold harmless the County of Riverside, its Agencies,
Districts, Special Districts and Departments, their respective directors, officers, Board
13 of Supervisors, elected and appointed officials, employees, agents and representatives
from any liability, claim, damage or action whatsoever, based or asserted upon any
14 actions of CITY, its officers, employees, subcontractors, agents or representatives
15 arising out of or in any way relating to this Agreement, including but not limited to
property damage, bodily injury, or death or any other element of any kind or nature
16 whatsoever and resulting from any reason whatsoever arising from the actions by
CITY, its officers, agents, employees, subcontractors, agents or representatives of this
17 Agreement. CITY shall defend, at its sole expense, all costs and fees including but
not limited to attorney fees, cost of investigation, defense and settlements or awards
18 of all Agencies, Districts, Special Districts and Departments of the County of
Riverside, their respective directors, officers, Board of Supervisors, elected and
19 appointed officials, employees, agents and representatives in any such action or claim
or action based upon such alleged acts or omissions.
20 5.2 With respect to any action or claim subject to indemnification herein by CITY, CITY
21 shall, at its sole cost, have the right to use counsel of its own choice and shall have the
right to adjust, settle, or compromise any such action or claim without the prior
22 consent of COUNTY; provided, however, that any such adjustment, settlement
or compromise in no manner whatsoever limits or circumscribes CITY's
23 indemnification to COUNTY as set forth herein. CITY's obligation to defend,
indemnify and hold harmless COUNTY shall be subject to COUNTY having given
24 CITY written notice within a reasonable period of time of the claim or of the
commencement of the related action, as the case may be, and information and
25 reasonable assistance, at CITY's expense, for the defense or settlement thereof.
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CITY's obligation hereunder shall be satisfied when CITY has provided to COUNTY
1 the appropriate form of dismissal relieving COUNTY from any liability for the action
or claim involved.
2 5.3 The specified insurance limits required in this Agreement shall in no way limit or
3 circumscribe CITY's obligations to indemnify and hold harmless COUNTY herein
from third party claims.
q 5.4 COUNTY shall indemnify and hold harmless the CITY, its Agencies, Districts,
Special Districts and Departments, their respective directors, officers, governing
5 bodies, elected and appointed officials, employees, agents and representatives from
any liability whatsoever, based or asserted upon any negligent or willful misconduct
6 of COUNTY its officers, employees, subcontractors, agents or representatives arising
out of or in any way relating to this Agreement, including but not limited to property
7 damage, bodily injury, or death or any other element of any kind or nature whatsoever
arising from the performance by COUNTY, its officers, agents, employees,
e subcontractors, agents or representatives of this Agreement. COUNTY shall defend
9 at its sole expense, all costs and fees including but not limited to attorney fees, cost of
investigation, defense and settlements or awards of all Agencies, Districts, Special
10 Districts and Departments of the CITY, their respective directors, officers, governing
body, elected and appointed officials, employees, agents and representatives in any
11 claim or action based upon such negligent or omissions.
5.5 With respect to any action or claim subject to indemnification herein by COUNTY,
12 COUNTY shall, at its sole cost, have the right to adjust, settle, or compromise any
such action or claim without the prior consent of CITY provided, however, that any
13 such adjustment, settlement or compromise in no manner whatsoever limits or
circumscribes COUNTY's indemnification to CITY as set forth herein. COUNTY's
14 obligation to defend, indemnify and hold harmless CITY shall be subject to CITY
15 having given COUNTY written notice within a reasonable period of time of the claim
or of the commencement of the related action, as the case may be, and information
16 and reasonable assistance, at COUNTY's expense, for the defense or settlement
thereof. COUNTY's obligation hereunder shall be satisfied when COUNTY has
17 provided to CITY the appropriate form of dismissal relieving CITY from any liability
for the action or claim involved.
18 5.6 The specified insurance limits required in this Agreement shall in no way limit or
circumscribe COUNTY's obligations to indemnify and hold harmless the CITY
19 herein from third party claims.
20 6. INSURANCE: COUNTY agrees to maintain the following insurance coverage's
during the term of this Agreement:
z1 6.1 Workers' Compensation:
22 COUNTY shall maintain Workers' Compensation Insurance (Coverage A) as
prescribed by the laws of the State of California. Policy shall include Employers'
23 Liability (Coverage B) including Occupational Disease with limits not less than
$1,000,000 per person per accident.
24 6.2 Commercial General Liability:
COUNTY shall maintain Commercial General Liability insurance coverage for claims
25 which may arise from or out of COUNTY's performance under this Agreement. This
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coverage shall have a limit of liability not less than $1,000,000 per occurrence.
combined single limit.
6.3 Vehicle Liability:
COUNTY agrees to maintain automobile liability insurance for vehicles provided by
the COUNTY for use under this Agreement. This coverage shall have a limit of
liability of not less than $1,000,000 combined single limit.
6.4 General Insurance Provisions - All lines:
6.4.1 Any insurance carrier providing insurance coverage hereunder shall be
admitted to the State of California and have an A M BEST rating of not less
than A: VIII (A:8).
6.4.2 The insurance requirements contained in this Agreement may be met with
a program(s) of self-insurance.
6.4.3 COUNTY shall provide CITY with a properly executed Certificate(s) of
Self Insurance and certified original copies of Endorsements effecting coverag<
as required herein.
7. TERMINATION:
CITY and COUNTY reserve the right to terminate this Agreement at any time, with or
without cause, upon one hundred eighty (180) days advance written notice stating the
extent and effective date of termination. Upon receipt of any notice of termination
from CITY, COUNTY shall immediately cease all services hereunder except such as
may be specifically approved in writing by CITY and COUNTY. COUNTY shall be
entitled to compensation for all services rendered prior to termination and for any services
authorized in writing by CITY thereafter.
8. FORCE MAJEURE:
8.1 In the event the COUNTY is unable to comply with any provision of this Agreement
due to causes beyond their control such as acts of God, acts of war, civil disorders, or
other similar acts, COUNTY will not be held liable to CITY for such failure to comply
8.2 In the event CITY is unable to comply with any provision of this Agreement due to
causes beyond their control such as acts of God, acts of war, civil disorders, or other
similar acts, CITY will not be held liable to COUNTY for such failure to comply.
9. ALTERATION:
No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by the parties hereto, as authorized by their respective governing bodies,
and no oral understanding or agreement not incorporated herein, shall be binding on any of
the parties hereto.
10. SEVERABILITY:
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid,
void or unenforceable, the remaining provisions will nevertheless continue in full force
without being impaired or invalidated in any way.
11. RECORDS:
COUNTY shall maintain and keep records of all expenditures and obligations incurred
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pursuant to this contract and all income and fees received thereby according to generally
1 recognized accounting principles. Such records and/or animal control operations of
COUNTY shall be open to inspection and audit by CITY or its authorized representative
z as is deemed necessary by the CITY Manager or the authorized representative of the
3 CITY Manager upon reasonable notice to COUNTY.
4 12. NO THIRD PARTY BENEFICIARY:
This contract between CITY and COUNTY is intended for the mutual benefit of the two
5 signing parties only. No rights are created under this contract in favor of any third party
or any party who is not a direct signatory to this contract.
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13. NONDISCRIMINATION:
7 During the performance of this contract, COUNTY agrees that it shall not discriminate
on the grounds of race, religious creed, color, national origin, ancestry, age, physical
e disability, mental disability, medical condition including the medical condition of
9 Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto,
marital status, sex or sexual orientation in the selection and retention of employees and
10 subcontractors and the procurement of materials and equipment, except as provided in
Section 12940 of the Government Code of the State of California. Further, COUNTY
11 agrees to conform to the requirements of the Americans with Disabilities Act in the
performance of this contract.
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14. VENUE:
13 Any action at law or in equity brought by either of the parties hereto for the purpose of
enforcing a right or rights provided for by this contract shall be tried in a court of
14 competent jurisdiction in the County of Riverside, State of California, and the parties
15 hereby waive all provisions of law providing for a change of venue in such proceedings
to any other county. In the event either party hereto shall bring suit to enforce any term
16 of this contract to recover any damages for and on account of the breach of any term or
condition of this contract, it is mutually agreed that the prevailing party in such action
17 shall recover all costs thereof including reasonable attorneys' fees to be set by the court
in such action.
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15. ASSIGNMENT:
19 It is mutually understood and agreed that this contract shall be binding upon COUNTY
and its successors. Neither this contract nor any part thereof nor any moneys due or to
20 become due hereunder may be assigned by COUNTY without the prior written consent
and approval of CITY. CITY and COUNTY hereby agree to the full performance of
z 1 the covenants contained herein.
22
16. AMENDMENTS:
23 Any amendments, including any supplements, to this contract shall be in writing and
shall have the approval of the Board of Supervisors of COUNTY and the CITY
24 Council. This is the entire contract for Animal Shelter Services and supersedes any
prior written or oral contract inconsistent herewith. Any amendment will be presented
25 to the City Manager prior to CITY Council approval.
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17. NOTICES:
All correspondence and notices required or contemplated by this Agreement shall be
delivered to the respective parties at the addresses set forth below and are deemed
submitted one day after their deposit in the United States mail, postage prepaid:
COUNTY: Additional Copy COUNTY:
Community Health Agency Department of Animal Services
Procurement/Contracts Administration Director of Animal Services
4065 County Circle Drive 6851 Van Buren Boulevard
Riverside, CA 92503 Riverside, CA 92509
(951)358-5097 (951)358-7442
CITY:
City of La Quinta
City Manager
78-495 Calle Tampico
La Quinta, CA 92210
(760)777-7035
or to such other address (es) as the parties may hereafter designate in writing
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CITY OF LA QUINTA
EXHIBIT A.
SCOPE OF ANIMAL SHELTER SERVICES
The County of Riverside, hereinafter referred to as COUNTY, agrees to operate and provide the
following Animal Shelter Services for the City of La Quinta, hereinafter referred to as CITY:
1. Shelter Location: The COUNTY will house the CITY's animals at the Coachella Valley
Animal Campus Shelter located at 72-050 Petland Place, Thousand Palms, California,
92276 ("Shelter"), or at other shelter operated by the County of Riverside at County's
discretion.
The handling of these animals will comply with the terms of this contract. The county
is responsible for the maintenance and operation of the shelter, and the care of the animals
on a 24-hour basis.
2. Contract Performance: COUNTY's Director of Department of Animal Services, or
appointed designee, shall meet as necessary to discuss contract performance with the
CITY's City Manager or appointed designee.
3. Shelter Services:
3.1 Treatment of Animals: Adequate care and treatment of animals while in custody at
the Shelter to ensure that animals impounded are provided with humane and
appropriate levels of care including a clean environment, fresh water, adequate
nutrition and appropriate medical care.
3.2 Spay and Neuter: Ensuring that all dogs and cats adopted from the Shelter are
spayed or neutered, or that adequate provisions are made for such spaying or
neutering if COUNTY transfers any animals, or if adopted animal is unable to
receive spaying or neutering due to a medical condition.
In accordance with California Food and Agricultural Code Sections 30503 and
31751.3, if a veterinarian employed at the Shelter certifies that a dog or cat is too
sick or injured to be spayed or neutered, the COUNTY shall collect a spay/neuter
deposit from said adopter or purchaser and said deposit will be deposited into a
segregated sub -fund, which will be maintained by the COUNTY. Such deposit will
be fully refunded to the adopter or purchaser if proof of sterility is provided within
30 business days from the date of surgery, at which the deposit is forfeited in
accordance with the CA Code 30503 and 31751. Accordingly spay and neuter
deposits may only be used by the COUNTY for programs to spay or neuter dogs and
cats.
3.3 Volunteer Proeram: Maintenance of a program to provide for the participation of
Volunteer's in programs relating to animals.
3.4 Enforcement: Enforce all relevant provisions of County of Riverside Title 6,
ANIMALS, and State law as may be applicable to animals housed, kept or
maintained at the Shelter.
3.5 Incoming Animal Identification: Incoming animals must be checked immediately
for collar tag, and scanned for microchip by qualified Shelter staff within one hour o
arrival to the Shelter. Shelter staff shall make all attempts to notify owners
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within twenty-four (24) hours of the animal impound by COUNTY.
1 3.6 Quarantine: COUNTY shall quarantine, as prescribed by law, all animals suspected
of being rabid, or involved in a bite investigation.
2 3.7 Impoundments and Quarantines: COUNTY shall house, feed and care for all
3 animals impounded and/or quarantined at the Shelter.
3.8 Incomins Animal Examinations/Assessments: A cursory exam will be performed
4 within twelve (12) hours, except after regular business hours when the examination
will be performed within twenty-four (24) hours. Incoming animal assessment must
5 include the following:
3.8.1 A physical examination to determine if a medical condition exists which
6 requires a veterinarian's attention
3.8.2 Routine vaccinations and de -worming, as needed
7 3.8.3 External parasite treatment, as necessary
3.8.4 Document the animal's incoming weight
8 3.8.5 Scan for microchip identification
9 3.8.6 Establish unique identifier for the animal
3.8.7 Document any identifying features or abnormalities. The COUNTY shall
10 properly document on an animal -by -animal basis that an examination/assessment is
performed.
11 3.9 Behavioral Assessments: Behavioral Assessments of Shelter animals will be
conducted in accordance with guidelines established by the Department of Animal
12 Services.
3.10 Adoption: Animals identified as being available for adoption are placed in
13 adoptable areas of the Shelter.
3.11 Community Adoption Partners: California Food & Agricultural Code, Sections
14 31108(b) and 31752(b) state any stray dog/cat "that is impounded pursuant to this
15 division shall, prior to the euthanasia of that animal be released to a nonprofit, as
defined in Section 501(c) (3) of the Internal Revenue Code, animal rescue or
16 adoption organization if requested by the organization prior to the scheduled
euthanasia of that animal. The public or private shelter may enter into cooperative
17 agreements with any animal organization or adoption organization. In addition to
any required spay or neuter deposit, the public or private shelter, at its discretion,
18 may assess a fee, not to exceed the standard adoption fee, for animals adopted or
released."
19 3.12 Foster Care Placement: A foster care placement program assists the Shelter by
improving animal care, giving certain animals a better chance of adoption, and lifting
20 the spirits and morale of staff and volunteers.
21 3.13 Vicious Doss: Any dog declared or determined to be vicious/dangerous and in
custody of the Shelter either under impoundment or quarantine shall be deemed
22 unsuitable for adoption and shall not be released except as required by law or at the
Director's discretion.
23 3.14 Euthanasia: Provide humane euthanasia service as required for impounded animals
held at the Shelter for the lawful number of days, if such animal is not reclaimed
24 by said animal's owner and is deemed to be not adoptable by COUNTY. Animals
that are irremediably suffering from a serious illness or severe injury may not be
25 held for owner redemption or adoption. Only euthanasia methods approved by the
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American Veterinary Medical Association shall be used.
Records will be kept for a period of not less than three (3) years on each
euthanized animal including the following information: breed; sex; color; weight;
other distinguishing characteristics; date, time and location where animal was found;
method of euthanasia and reason for use of method.
3.15 Drug Enforcement Agency (DEA): Additionally, the COUNTY must comply
with all Drug Enforcement Agency (DEA) regulations regarding storage, record -
keeping, inventory, use, and disposal of all controlled substances.
3.16 Feeding Protocols: All animals shall be fed in amounts appropriate to meet their
nutritional needs.
3.17 Staffing and Volunteers: COUNTY shall recruit and supervise all necessary
personnel for the office, kennel, veterinary and other areas of the Shelter. Staffing
shall include any and all full or part-time personnel and shall include the
recruitment, supervision and assignment of volunteers in suitable Shelter -related
activities. Personnel employed at the Shelter in the performance of Shelter -related
activities shall be designated as COUNTY employees and any and all volunteers
engaged in Shelter activities shall participate in activities designated by COUNTY
and shall be under the auspices of COUNTY. Use of volunteers at the Shelter shall
be determined by COUNTY on behalf of CITY.
3.18 Holding Periods: COUNTY shall hold all stray impounded animals, not otherwise
owner identifiable, for holding periods as required by law.
3.19 Missing Animals: COUNTY shall notify police immediately of any animal found
to be missing from the Shelter that had previously been impounded and/or in
protective custody..
3.20 Hours of Operation: COUNTY shall maintain hours of operation at the Shelter to
provide maximum public access for the animals, to the extent possible.
3.21 Disease Control and Sanitation: COUNTY shall maintain the Shelter in a clean
and sanitary condition. COUNTY's policies and procedures in this area may
include beneficial standards and/or guidelines derived from reputable animal care
organizations including, but not limited to, the following: Humane Society of the
United Society of the United States, American Humane Association and American
Veterinary Medical Association.
3.22 Provision of Personnel and Supplies: COUNTY will provide personnel, supplies,
materials, medication, pharmaceuticals, and equipment, including forms and reports
to perform all aspects of the Shelter Services program.
3.23 CITY Access: COUNTY shall provide access to the authorized representatives of
CITY to the entire Shelter during normal business hours, and at such other times
upon reasonable notice.
3.24 Livestock and Fowl Care: COUNTY shall provide food, care and shelter to
livestock and fowl, either at the Shelter or at another location when such animals
cannot be cared for at the Shelter. Costs of housing any livestock or fowl,
regardless of shelter location shall be charged to the owner of the animal, if known.
If the animal's owner wishes to redeem the animal, the owner shall first pay all
applicable fees and charges at the Shelter; except as otherwise required by law, ther
and only then, will the COUNTY authorize release of the animal. COUNTY shall
notify CITY in writing where said expenses reach the amount of $5,000 or greater
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per incident. Such expenses shall not exceed the amount of $25,000 per incident
unless authorized in writing by CITY.
3.25 Animal Disposal: COUNTY shall prohibit any animal whether dead or alive,
which has been impounded, in custody, or in quarantine at the Shelter to be given
away, disposed of, traded, sold or in any manner given over to another person,
organization or entity for experimentation, regardless of purpose. COUNTY shall
be responsible for the disposal of animal remains in its custody or control, subject t
applicable laws.
3.26 Level of Service Provided: COUNTY will provide Shelter Services as defined in
this contract. COUNTY's policies and procedures for Shelter Services shall be
based on standards and/or guidelines derived from reputable animal care
organizations including, but not limited to the following: Humane Society of the
United States, American Humane Association and American Veterinary Medical
Association.
4. Compensation:
4.1 Compensation for Sheltering: Compensation for shelter services shall be based
upon established rate for shelter service at specified primary shelter location and
prior year impounds of dogs and cats. An annual rate shall be established based on
these factors and payable monthly in 1/121h increments. Additional costs for large
animal sheltering are incurred at $20 per animal per day in accordance with
ordinance and will be billed based on actual sheltering on a monthly basis.
4.2 Compensation for Operations and Maintenance: Compensation for Operations and
maintenance shall be based upon rate for shelter service at a specified primary
shelter location and prior year impounds of dogs and cats. An annual rate shall be
established based on these factors and payable monthly in 1/121h increments.
4.3 License Processing: Compensation for License processing shall be based upon
actual licenses processed and licensing processing rate. License processing costs
shall be billed monthly and total resulting compensation may vary from estimated
contract cost.
4.4 Outreach Activities: Daily flat rates educational outreach and shot clinics will be
billed based on actual outreach days scheduled. Compensation accounts for full
staff time to provide service for one day. The maximum time possible will be
afforded for actual outreach activity; however actual outreach activity time will be
reduced by travel and preparation time the day of the event.
5. Definitions:
5.1 "Shelter Services," as used in this contract shall include, but is not limited to, the
following activities:
5.1.1 Impoundment, admittance, receiving, care, custody and feeding of any and
all stray domestic animals. Livestock, exotics and the impoundment of
wildlife as may be delivered and/or received at the Shelter until an
appropriate wildlife agency can be contacted and the wildlife then ttansfen
into their custody.
5.1.2 Redemption, treatment, sale, adoption, and/or disposal of any and all
animals.
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5.1.3 Counseling and advising animal owners.
5.1.4 Each animal shall be identified individually and photographs of all newly
impounded animals shall be posted on the Shelter website.
5.1.5 Ensuring that all dogs, four months and older, released from the Shelter to a
resident of Riverside County are licensed and, if not licensed, to sell license
to the owner or other person taking custody of each such dog. In accordance
with COUNTY ordinances, require the micro -chipping of released animals at
the owner's expense.
5.1.6 Humane euthanasia of animals as lawful and necessary, including the
creation of a log detailing those animals that are euthanized and the reasons
for such euthanasia on an animal -by -animal basis. This log shall further state
whether the animal was unhealthy and unsuitable for adoption.
5.1.7 Proper disposal of dead animals.
5.1.8 Care and maintenance of the Shelter facility, including land and buildings.
"Care" includes, but is not limited to providing a safe, temporary refuge for
any animal impounded, and providing needed medical services for
injured/sick animals or transfer of animal to the appropriate agency.
5.2 "Adoptable Animal," shall mean those animals eight weeks of age or older that at or
subsequent to the time the animals are impounded or otherwise taken into possession,
have manifested no sign of disease, injury, or congenital or hereditary condition that
adversely affects the health or temperament of the animal, or that is likely to
adversely affect the animal's health in the future. Dogs declared as "vicious" under
State and/or local laws are unadoptable.
5.3 "Treatable," shall mean an animal with a medical condition such as skin problems
bad flea or skin infestations, a broken limb, abscess, or problems that may be treated
with appropriate resources, holding space, treatment and/or time. "Treatable" shall
also mean an animal with behavioral conditions that may be corrected with time and
proper training, such as chasing animals/objects, food aggression, etc.
5.4 "Untreatable Animal," shall mean any animal that is irremediably suffering from a
serious illness or physical injury or behavioral condition and shall not be held for
owner redemption or adoption.
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CITY OF LA QUINTA
EXHIBIT B
PAYMENT PROVISIONS
CITY shall pay to COUNTY on a monthly basis in arrears, with a monthly billing and
accounting thereof by COUNTY to CITY those fees as established in the Department of
Animal Services Amended Service Rate Study of March, 2011; relative to the services to
be performed under this Agreement as follows:
Animal Shelterin¢ Services:
1.1 Animal Sheltering Services: = $80,023/year
Flat rate based on prior year impounds x $115/cat or dog sheltering rate.
1.2 Large Animal Sheltering @ $20/animal per day of sheltering (additional cost
billed on actual use).
1.3 Operational and Maintenance (O&M) Costs: $7,275/year.
1.4 Estimated License services: 271 x 5.85 = $1,588/year.
The administrative handling fee to sell city dog licenses. Estimated total based on past
experience.
The scheduled compensation payable to COUNTY for all services as set forth in this
agreement is three hundred ten thousand thirty-three dollars ($310,033) for the period
commencing January 16, 2012 through June 30, 2015.
Service
FY11/12
FY12/13
FY13/14
FY14/15
Total
*Shelter Service
$34,512
$80,023
$80,023
$80,023
$274,581
O & M Costs
$7,275
$7,275
$7,275
$7,275
$29,100
**License processing
$1,588
$1,588
$1,588
$1,588
$6,352
Total
$43,375
$88,886
$88,886
$88,886
$310,033
*Shelter Services for Fiscal Year 2011/2012 adjusted for contract expiration of January 15, 2012
This amount is in addition to amount due under current contract. The City will be provided with
prior year impound rates by March 3151 each year, contract rate will be adjusted for each year of
contract by the following formula: Prior year dog/cat impounds x sheltering rate/impound. This
formula establishes a fixed rate that will be payable in 1/121h monthly increments.
**License processing costs may fluctuate based on actual number of licenses processed.
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COUNCIL/RDA MEETING DATE: December 6, 2011
ITEM TITLE: Approval of a Professional Services
Agreement (PSA) with David Evans & Associates to
Prepare the Plans, Specifications & Engineer's
Estimate of Probable Construction Costs for the Fred
Waring Drive Median Island Landscape
Improvements, Project No. 2011-04
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: l I
STUDY SESSION:
PUBLIC HEARING:
Approve a Professional Services Agreement (PSA) with David Evans & Associates,
in the amount of $49,965, to prepare the Plans, Specifications & Engineer's
Estimate (PS&E) for the Fred Waring Drive Median Island Landscape Improvements,
City Project No. 201 1-04, and authorize the Acting City Manager to execute the
Agreement.
FISCAL IMPLICATIONS:
On April 5, 2011 the City Council adopted Resolution 201 1-026 approving the
Fiscal Year 201 1 /2012 through 2015/2016 Capital Improvement Program (CIP) and
making certain findings pursuant to health and safety code section 33445(a). The
Fred Waring Drive Median Island Landscape Improvements are included within the
adopted CIP and scheduled for funding during Fiscal Year 2011 /2012.
The following is the funding and funding sources for the Fred Waring Drive Median
Island Landscape Improvements:
Transportation DIF: $813,040
Developer Obligations/Bonds $202,200
Total Funding Available: $1,015,240
-.N.J 108
The following is the anticipated project budget for the Fred Waring Drive Median
Island Landscape Improvements:
Construction:
$707,670
Design:
$70,767
Professional:
$51,000
Inspection/Testing/Survey:
$68,998
Administration:
$35,384
Contingency:
$81,421
Total:
$1,015,240
Regarding the funding source listed above as "Developer Obligation/Bonds," Staff
has made contact with the developers of the Mayer Villa Capri and Bella Vista
projects. Those developers were required to construct a portion of a landscaped
median on Fred Waring Drive as part of their development project, and they have
submitted bonds to guarantee the construction of these improvements. Staff has
also attempted to make contact with the developers of the Starlight Dunes project
and although the performance bonds are still in place the development company is
no longer in existence. At this point in time, the City is not in possession of the
funds listed above ($202,200). The City would need to obtain those funds through
agreement with the developers and/or the bond companies. Staff will report back
prior to the time this project is advertised for bid on the status of securing funds
from these developers or their sureties for constructing the median island irrigation
and landscaping, and make any recommendations as to budget modifications at
that time.
CHARTER CITY IMPLICATIONS:
Without the improvements originally proposed on Palm Royale, the project is 100%
funded with locally generated funds (either developer fees or bonds). However, to
maintain flexibility to allow the Palm Royale Improvements to be added at a later
date the project will be advertised as a prevailing wage improvement.
BACKGROUND AND OVERVIEW:
The project is located on Fred Waring Drive between Washington Street and Adams
Street. The proposed improvements include the installation of landscape, irrigation,
and low level lighting within the existing median islands. The landscape palette will
be the City Council approved "desertscape" theme for primary image corridors.
109
On April 5, 2011 the City Council adopted Resolution 2011-026 approving the
Fiscal Year 2011/2012 through 2015/2016 CIP and making certain findings
pursuant to health and safety code section 33445(a). The Fred Waring Drive/Palm
Royale Median Island Landscape Improvements are included within the adopted CIP
and scheduled for funding during Fiscal Year 2011/2012.
On September 20, 2011, the City Council authorized staff to distribute a Request.
for Proposal (RFP) to obtain professional landscape architectural services to prepare
the PS&E for the Fred Waring Drive Median Island Landscape Improvements, City
Project No. 201 1-04.
On October 27, 2011, the City received nine (9) proposals from qualified
Landscape Architectural Firms. Following its evaluation of the proposals, the
consultant selection committee recommended David Evans & Associates, Inc. be
awarded a PSA (Attachment 1) to provide professional landscape architectural
services for Fred Waring Drive Median Island Landscape Improvements, Project
Number 2011-04.
Contingent upon City Council approval of the design contract on December 6,
2011, the following is the anticipated project schedule:
City Council Approves PSA
Design Phase (5 months)
City Council Approves PS&E
Construction Phase (6 months)
FINDINGS AND ALTERNATIVES:
December 6, 2011
December 2011 - April 2012
May 2012
June 2012 - December 2012
The alternatives available to the City Council include:
1. Approve a PSA with David Evans & Associates, in the amount of $49,965,
to prepare the PS&E for the Fred Waring Drive Median Island Landscape
Improvements, City Project No. 2011-04 and authorize the Acting City
Manager to execute the Agreement; or
2. Do not approve a PSA with David Evans & Associates, in the amount of
$49,965, to prepare the PS&E for the Fred Waring Drive Median Island
Landscape Improvements, City Project No. 2011-04; or
3. Provide staff with alternative direction.
...4 110
Respectfully submitted,
—may
' w�
imothy . on ss n, P.E.
Public Wor s Di ctor/City Engineer
Approved for submission by:
John M. Falconer,
Acting City Manager
Attachment: 1. Professional Services Agreement
i ATTACHMENT 1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made
and entered into by and between the CITY OF LA QUINTA, ("City"), a California
municipal corporation, and David Evans and Associates, Inc. ("Consultant"). The
parties hereto agree as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services related to Fred Waring Drive
Median Island Landscape Improvements, Project No. 2011-04, as specified in the
"Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this
reference (the "services" or "work"). Consultant warrants that all services will be
performed in a competent, professional and satisfactory manner in accordance with
the standards prevalent in the industry for such services.
1.2 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations and laws
of the City of La Quinta and any Federal, State or local governmental agency of
competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified
herein, Consultant shall obtain at its sole cost and expense such licenses, permits
and approvals as may be required by law for the performance of the services
required by this Agreement. Consultant shall have the sole obligation to pay for
any fees, assessments and taxes, plus applicable penalties and interest, which may
be imposed by law and arise from or are necessary for the performance of the
services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant
warrants that (a) it has thoroughly investigated and considered the work to be
performed, (b) it has investigated the site of the work and fully acquainted itself
with the conditions there existing, (c) it has carefully considered how the work
should be performed, and (d) it fully understands the facilities, difficulties and
restrictions attending performance of the work under this Agreement. Should
Consultant discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by City, Consultant shall immediately
inform City of such fact and shall not proceed except at Consultant's risk until
written instructions are received from the Contract Officer (as defined in Section
4.2 hereof).
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1.5 Care of Work and Standard of Work.
a. Care of Work. Consultant shall adopt reasonable methods during the life
of the Agreement to furnish continuous protection to the work performed by
Consultant, and the equipment, materials, papers and other components thereof to
prevent losses or damages, and shall be responsible for all such damages, to
persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City's own negligence. The performance of
services by Consultant shall not relieve Consultant from any obligation to correct
any incomplete, inaccurate or defective work at no further cost to City, when such
inaccuracies are due to the negligence of Consultant.
b. Standard of Work. Consultant acknowledges and understands that the
services and work contracted for under this Agreement require specialized skills
and abilities and that, consistent with this understanding, Consultant's services and
work will be held to a heightened standard of quality and workmanship. Consistent
with Section 1.4 hereinabove, Consultant represents to City that it holds the
necessary skills and abilities to satisfy the heightened standard of work as set forth
in this Agreement.
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Consultant shall perform services in addition to those specified in the
Scope of Services ("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.
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2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of
Compensation") in a total amount not to exceed Forty-nine Thousand, Nine
Hundred Sixty-five Dollars ($49,965.00) (the "Contract Sum"), except as provided
in Section 1.6. The method of compensation set forth in the Schedule of
Compensation may include a lump sum payment upon completion, payment in
accordance with the percentage of completion of the services, payment for time
and materials based upon Consultant's rate schedule, but not exceeding the
Contract Sum, or such other methods as may be specified in the Schedule of
Compensation. Compensation may include reimbursement for actual and necessary
expenditures for reproduction costs, transportation expense, telephone expense,
and similar costs and expenses when and if specified in the Schedule of
Compensation. Regardless of the method of compensation set forth in the
Schedule of Compensation, Consultant's overall compensation shall not exceed the
Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional
Services."
2.2 Compensation for Additional Services. Additional services approved
in advance by the Contract Manager pursuant to Section 1.6 of this Agreement,
"Additional Services," shall be paid for in an amount agreed to in writing by both
City and Consultant in advance of the Additional Services being rendered by
Consultant. Any compensation for Additional Services amounting to five percent
(5%) or less of the Contract Sum may be approved by the Contract Officer. Any
greater amount of compensation for additional services must be approved by the La
Quinta City Council. Under no circumstances shall Consultant receive
compensation for any Additional Services unless prior written approval for the
Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of
this Agreement.
2.3 Method of Billing. Any month in which Consultant wishes to
receive payment, Consultant shall submit to City no later than the tenth (10th)
working day of such month, in the form approved by City's Finance Director, an
invoice for services rendered prior to the date of the invoice. Such invoice shall (1)
describe in detail the services provided, including time and materials, and (2)
specify each staff member who has provided services and the number of hours
assigned to each such staff member. Such invoice shall contain a certification by a
principal member of Consultant specifying that the payment requested is for work
performed in accordance with the terms of this Agreement. City will pay
Consultant for all expenses stated thereon which are approved by City pursuant to
this Agreement no later than thirty (30) days after invoices are received by the
City's Finance Department.
Last revised 2-17-11 3
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3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in
Exhibit "C" (the "Schedule of Performance"). Extensions to the time period
specified in the Schedule of Performance may be approved in writing by the
Contract Officer.
3.3 Force Maieure. The time period specified in the Schedule of Performance
for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control
and without the fault or negligence of Consultant, including, but not restricted to,
acts of God or of the puplic enemy, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargoes, acts of any governmental agency
other than City, and unusually severe weather, if Consultant shall within ten (10)
days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the
extent of delay, and extend the time for performing the services for the period of
the forced delay when and if in his or her judgment such delay is justified, and the
Contract Officer's determination shall be final and conclusive upon the parties to
this Agreement. Extensions to the Schedule of Performance which are determined
by the Contract Officer to be justified pursuant to this Section shall not entitle the
Consultant to additional compensation in excess of the Contract Sum.
3.4 Term. The term of this agreement shall commence on December 7,
2011 and terminate on December 1, 2012 (initial term). This agreement may be
extended upon mutual agreement by both parties (extended term). Unless earlier
terminated in accordance with Sections 8.7 or 8.8 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. Kim S. Rhodes, L.A., Vice President/Project Manager
b. Chris Giannini, L.A.
Last revised 2.17-11 . 4
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It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing principals were a substantial inducement for City to
enter into this Agreement. Therefore, the foregoing principals shall be responsible
during the term of this Agreement for directing all activities of Consultant and
devoting sufficient time to personally supervise the services hereunder.
The foregoing principals may not be changed by Consultant and no other
personnel may be assigned to perform the service required hereunder without the
express written approval of City.
4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson,
P.E., Public Works Director/City Engineer or such other person as may be
designated by the City Manager of City. It shall be Consultant's responsibility to
assure that the Contract Officer is kept informed of the progress of the
performance of the services and Consultant shall refer any decisions, which must
be made by City to the Contract Officer. Unless otherwise specified herein, any
approval of City required hereunder shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees
were a substantial inducement for City to enter into this Agreement. Except as set
forth in this Agreement, Consultant shall not contract with any other entity to
perform in whole or in part the services required hereunder without the express
written approval of City. In addition, neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior
written approval of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode or means by which Consultant, its agents or
employees, perform the services required herein, except as otherwise set forth.
Consultant shall perform all services required herein as an independent contractor
of City and shall remain at all times as to City a wholly independent contractor with
only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents
or employees of City.
4.5 City Cooperation. City shall provide Consultant with any plans,
publications, reports, statistics, records or other data or information pertinent to
services to be performed hereunder which are reasonably available to Consultant
only from or through action by City.
Last revised 2-17-11 5
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5.0 INSURANCE
5.1 Insurance. Prior to the beginning of and throughout the duration of the
Work performed under this Agreement, Consultant shall procure and maintain, at
its cost, and submit concurrently with its execution of this Agreement, personal
and public liability and property damage insurance against all claims for injuries
against persons or damages to property resulting from Consultant's acts or
omissions rising out of or related to Consultant's performance under this
Agreement. The insurance policy shall contain a severability of interest clause
providing that the coverage shall be primary for losses arising out of Consultant's
performance hereunder and neither City nor its insurers shall be required to
contribute to any such loss. A certificate evidencing the foregoing and naming City
and its officers and employees as additional insured (on the general liability policy
only) shall be delivered to and approved by City prior to commencement of the
services hereunder.
The following policies shall be maintained and kept in full force and effect
providing insurance with minimum limits as indicated below and issued by insurers
with A.M. Best ratings of no less than A -:VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers' Compensation
(per statutory requirements)
Consultant shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or damages to property
arising out of the use of any automobile by Consultant, its officers, any person
directly or indirectly employed by Consultant, any subcontractor or agent, or
anyone for whose acts any of them may be liable, arising directly or indirectly out
of or related to Consultant's performance under this Agreement. If Consultant or
Consultant's employees will use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability coverage for each such
person. The term "automobile" includes, but is not limited to, a land motor vehicle,
trailer or semi -trailer designed for travel on public roads. The automobile insurance
Last revised 2-17-11 6
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policy shall contain a severability of interest clause providing that coverage shall be
primary for losses arising out of Consultant's performance hereunder and neither
City nor its insurers shall be required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts,
errors or omissions of the consultant and "Covered Professional Services" as
designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 per claim and in the
aggregate. The policy must "pay on behalf of" the insured and must include a
provision establishing the insurer's duty to defend. The policy retroactive date shall
be on or before the effective date of this agreement.
Consultant shall carry Workers' Compensation Insurance in accordance with
State Worker's Compensation laws with employer's liability limits no less than
$1,000,000 per accident or disease.
All insurance required by this Section shall be kept in effect during the term of
this Agreement and shall not be cancelable without 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 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.
G. 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.
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5.3 General Conditions pertaining to provisions of insurance coverage by
Consultant. Consultant and City agree to the following with respect to insurance
provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Consultant, or Consultant's employees, or agents, from
waiving the right of subrogation prior to a loss. Consultant agrees to waive
subrogation rights against City regardless of the applicability of any insurance
proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and
available or applicable to this agreement are intended to apply to the full extent of
the policies. Nothing contained in this Agreement or any other agreement relating
to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that has
not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would
serve to eliminate so-called "third party action over" claims, including any exclusion
for bodily injury to an employee of the insured or of any contractor or
subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises.
Consultant shall not make any reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discovery period) that may affect City's
protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Consultant's general liability policy, shall be
delivered to City at or prior to the execution of this Agreement. In the event such
proof of any insurance is not delivered as required, or in the event such insurance is
canceled at any time and no replacement coverage is provided, City has the right,
but not the duty, to obtain any insurance it deems necessary to protect its interests
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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. 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.
9. 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.
10. 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.
11. 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.
12. 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.
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13. Consultant acknowledges and agrees that any actual or alleged
failure on the part of City to inform Consultant of non-compliance with any
insurance requirement in no way imposes any additional obligations on City nor
does it waive any rights hereunder in this or any other regard.
14. 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.
15. 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.
16. 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.
17. Requirements of specific coverage features or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or
insured to be limiting or all-inclusive.
18. 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.
19. 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.
20. 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
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agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums or
other amounts with respect thereto.
21. 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 INDEMNIFICATION.
6.1 General Indemnification Provision.
a. 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.
b. Indemnification for Other Than Professional Liability. Other than in
the performance of professional services and to the full extent permitted by law,
Consultant shall indemnify, defend and hold harmless City, and any and all of its
employees, officials and agents from and against any liability (including liability for
claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind, whether actual,
alleged or threatened, including, without limitation, incidental and consequential
damages, court costs, attorneys' fees, litigation expenses, and fees of expert
consultants or expert witnesses) incurred in connection therewith and costs of
investigation, where the same arise out of, are a consequence of, or are in any way
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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.
6.2 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.
a. 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 6.2(b). Notwithstanding Section
6.2(a) hereinabove, the following indemnification provision shall apply to
Consultants who constitute "design professionals" as the term is defined in
paragraph 3 below.
2. Scope of Indemnification. To the fullest extent permitted by
law, Consultant shall indemnify, defend, and hold harmless City and City's agents,
officers, officials, employees, representatives, and departments ("Indemnified
Parties") from and against any and all claims, losses, liabilities of every kind, nature
and description, damages, injury (including, without limitation, injury to or death of
an employee of Consultant or subconsultants), costs and expenses of any kind,
whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees
of expert consultants or expert witnesses incurred in connection therewith and
costs of investigation, that arise out of, pertain to, or relate to, directly or
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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 6.2(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.
7.0 RECORDS AND REPORTS.
7.1 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.
7.2 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.
7.3 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.
Last revised 2-17-11 13
-M 124
7.4 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.
8.0 ENFORCEMENT OF AGREEMENT.
8.1 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.
8.2 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 8.7.
8.3 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.
8.4 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 2-17-11 14
..N 125
waiver of any other default concerning the same or any other provision of this
Agreement.
8.5 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.
8.6 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.
8.7 Termination Prior To Expiration Of Term. This section shall govern any
termination of this Agreement, except as specifically provided in the following
Section 8.8 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 8.3.
8.8 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 8.2, 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 8.3.
8.9 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.
Last revised 2-17-11 15
126
9.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 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.
9.2 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.
9.3 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.
10.0 MISCELLANEOUS PROVISIONS
10.1 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: John Falconer
Acting City Manager
78-495 Calle Tampico
P.O. Box 1504
La Quinta, California 92247-1504
To Consultant:
DAVID EVANS AND ASSOCIATES, INC.
Attention: Kim S. Rhodes, L.A.
Vice President
4200 Concours, Suite 200
Ontario, California 91764
Last revised 2-17-11 16
127
10.2 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.
10.3 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.
10.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable by a valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the
intent of the parties hereunder.
10.5 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.
(The remainder of this page intentionally left blank)
Last revised 2-17.11 17
..4 128
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA a California municipal corporation
John Falconer, Acting City Manager Date
ATTEST:
Veronica J. Montecino, CMC, City Clerk
APPROVED AS TO FORM:
M. Katherine Jenson, City Attorney
CONSULTANT: David Evans and Associates Inc.
Name: Kim S. Rhodes, L.A.
Title: Vice President
�. - . - 1-:
Last revised 2-17-11 18
'•" 129
Exhibit A
Scope of Services
All work associated with this project shall be performed in accordance with the
Consultant's scope of work to related to the Fred Waring Median Island Landscape
Improvements, Project No. 2011-04 which is attached and made a part of this
agreement.
Last revised 2-17-11 19
" 130
SECTION D: SCOPE OF WORK PROGRAM
Task 1- Pre -Design Meeting
The DEA project manager will attend a start up meeting with City staff to discuss the goals and objectives for the
Fred Waring Drive median improvement project. This meeting will provide a thorough review of the scope of
services, schedule, construction budget and deliverables.
Deliverables: One startup meeting.
Task 2 - Project Area Base Maps
DEA will prepare project area base maps from existing street improvement plans originally prepared by Willdan. The
team will also perform a physical assessment of the project area to determine the placement of elements which
impact the overall design.
Deliverables: Project area base maps 0 7 "=20'
Task 3 - Project Meetings
The DEA project manager will attend two meetings with city staff in addition to attendance at the City Council
meeting.
Deliverables: Attendance at city staff meetings and 1 City Council meeting. Agendas and minutes will be provided
for both staff meetings.
Task 4 -1st Review / "Concept Review"
The DEA team will submit the conceptual plans for review and comment. These plans will be a colored layout of the
proposed planting and rock/inert material improvements.
Deliverables. Submittal ofplans for 15, review.
Task 5 - Median Planting Plan (Conceptual and Final)
This task consists of the preparation of two colored conceptual plans highlighting the overall design intent of the
project. One alternative will include desert plantings, inert materials such as rock and one or more colors of
decomposed granite in addition to boulders. The second layout may explore a similar desert palette with the
introduction of artificial turf in limited areas. A layout approximately 600' in length, in addition to one cross section
will be provided in color for each of the two conceptual layouts. A plant palette with images will also be highlighted.
The DEA team will submit the conceptual plan for review and comment.
Final plans will include a plant legend indicating trees, palms, shrubs, and desert accents, in addition to information
regarding fines and decorative rock. The legend will indicate the botanical and common names, quantity, size, and
remarks (such as variety and staking procedure). The plans will provide an integrated palette of material in
accordance with the City landscape guidelines for primary image corridors. This task also includes data collection
and agency coordination.
Deliverables: 7"=20'scale conceptual and linal plantingplans for the median island, data collection and agency
coordination (Agriculture Department).
-..4_J 131
Task 6 - Median Irrigation Plan
The irrigation plans will provide the necessary information for a complete and fully automatic irrigation system for the
project area. The plans will indicate the point(s) of connection based upon City of La Quinta and CVWD
requirements, backflow prevention and pressure regulation (as necessary), and equipment size and type in the
irrigation legend. The design plans will comply with AB1881 (State Water Ordinance) and will include calculations
and soil lab results. This task also includes data collection and agency coordination with CVWD and IID.
Deliverables: 1 "=20'scale irrigation plans for the median island only. (Includes coordination with Soils Lab for data
required forAB1881).
Task 7 - Median Electrical I Lighting Plan
MRC Electrical Engineers will:
1. Provide electrical engineering services on Fred Waring Drive between Washington and Adams Street.
2. Attend two design coordination meetings with the City of La Quinta.
3. Coordinate the locations of the electrical service meter pedestals with Imperial Irrigation District and the City
Public Works department.
4. Coordinate the location of landscape lighting with the design team and city.
5. Provide fixture cuts of lighting products for review and approval.
6. Provide electrical design and circuits to the associated meter pedestals.
7. Provide electrical specification on the construction documents.
8. Provide a complete set of electrical construction documents that includes plans, details, diagrams, notes,
specifications and calculations needed for agency submittal, bidding and construction.
Deliverables. 17=20'scale electrical plans for the median island only.
Task 8 - Project Specifications/ Bid Documents
DEA will prepare project specifications and bid documents for the median improvements that will include the project
description, bid schedule, bid item descriptions, payment method, special provisions, technical specifications, and
any specification detail sheets or standard plans.
Deliverables Eight hard copy sets of specifications (2 each at 4 review sessions) and one final digital file in Microsoft
Word for Windows format.
Task 9 - Construction Details
DEA will prepare construction details for planting, irrigation and the placement of fines, and decorative rock and
boulders.
Deliverables: Construction details as noted above.
Task 10 - 2nd Review 185%- 90% Check Plans and Specifications
This task includes the submittal of plans based upon a 85% - 90% completion. Plans and specifications will be
complete; however some minor detailing may still be required.
Deliverables: Submittal and revisions to plans based upon Cityplan check comments.
132
Task 11- Construction Cost Estimate and Bid Schedule
The project team will prepare a final construction cost estimate and bid schedule in a per unit basis (or lump sum) of
proposed improvements for median landscaping once the construction documents have been completed and
approved. This format will directly match the contractor bid schedule for ease of comparison. The estimate will be in
tabular form for each construction item showing quantity, unit, unit price and total cost.
Deliverables: One construction cost estimate in Excel for Windows format at each project review
Task 12 - 3rd Review 1100% Check Plans, Specifications, and Engineer's Estimate
This task includes the submittal of 100%complete plans, specifications (including bid schedule) and engineer's
opinion of the probable cost of construction.
Deliverables. Submittal and revisions to plans based upon Cityplan check comments.
Task 13 - 4th Review / Preliminary Final (Screen Check)
Although DEA does not anticipate any further corrections during this phase of the work, this task can address
outstanding issues / comments required from the City or governing agency. This task includes the submittal and
routing of final mylar plans for signature by CVWD and the City.
Deliverables: Submittal and revisions to plans based upon City plan check comments (if required) and the submittal
and routing of final mylarplans, and specifications.
Task 14 - Assistance During Bidding
The DEA team will assist the City during the bid process which will include responding to questions from prospective
bidders and coordination with the City staff related to the project bid advertisement. This task will also include the
attendance at the pre -bid meeting to present information regarding the construction documents (if desired).
Deliverables: Attendance at a pre -bid meeting and bid assistance as noted above.
Task 15 - Construction Phase
DEA will provide technical support during construction which includes review and response to RFI's within three (3)
working days. DEA requests that all submittals be provided for review and approval within 10 days of the start of
construction. This task includes 3 on -site meetings to review the contractor's work and to support the City if deemed
necessary. The City may choose to use one of these site meetings for the purposes of developing a punch list.
Deliverables Technical support, review of submittals and RFl s and attendance at three (3) site meetings. Please
note that the preparation of as-builts is not included at this time.
,4.) 133
Exhibit B
Schedule of Compensation
Payment
shall be on a "Fixed
Fee" basis for the Base Contract Amount
(Contract Items 1-13) in accordance
with the
Consultants Schedule of
Compensation
attached herewith for
the work tasks
performed in conformance
with Section 2.2 of the Agreement.
Total compensation
for all work under this
contract shall
not exceed Forty-nine
Thousand, Nine
Hundred Sixty-five Dollars
($49,965.00)
except as specified in
Section 1.6 -
Additional Services of the
Agreement.
The following represents a summary of the contract compensation:
Base Contract Amount (Items 1-13): $ 42,300.00
Time and Materials Budget (Items 14-15): $ 5,690.00
Reimburseable Budget: $ 1,925.00
Total Not to Exceed Fee: $ 49,965.00
Last revised 2-17-11 20 4 134
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135
Exhibit C
Schedule of Performance
Consultant shall complete all services identified in the Scope of Services,
Exhibit "A" of this Agreement in accordance with the attached Project Schedule,
attached hereto and incorporated herein by this reference.
Last revised 2-17-11 21 ...a
J
ii
137
Exhibit D
Special Requirements
None.
Last revised 2-17-11 22 tl ,J 138
COUNCIL/RDA MEETING DATE: December 6, 2011
AGENDA CATEGORY:
BUSINESS SESSION:
ITEM TITLE: Acceptance of Washington Street Drainage
Improvements Phase 2, Project No. 2010-08 CONSENT CALENDAR: 1 Z-
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Accept Washington Street Drainage Improvements Phase 2, Project No. 2010-08, as
100% complete; authorize the City Clerk to file a Notice of Completion with the Office
of the County Recorder; authorize staff to release retention in the amount of $25,321,
thirty-five (35) days after the Notice of Completion is recorded.
FISCAL IMPLICATIONS:
The following is a budget summary:
Project Budget Total $ 474,797
Amount Spent Through October 31, 2011 ($153,363)
Remaining Anticipated Inspection, Testing & Survey Costs ($ 7,500)
Project Budget Amount Available $ 313,934
Total Remaining Fiscal Commitment to Contractor ($147,400)
Project Budget Amount Remaining After Construction Efforts $ 166,534
Original Construction Contract Amount $ 252,486
Contract Change Orders No. 1 &2 $ 5,088
New Contract Total $ 257,574
Amount Paid to Contractor to Date ($110,174)
Total Remaining Fiscal Commitment to Contractor $ 147,400
90 Day Maintenance Period (No Retention Held) ($ 4,365)
Total Retention to be Released (Less Maint. Period) ($ 25,321)
Contract Amount Remaining to be Billed by Contractor $ 117,714
139
Adequate funding is available to pay the contractor's remaining billings ($122,080)
and retention ($25,321) for project closeout.
CHARTER CITY IMPLICATIONS:
The project is funded by the City's Redevelopment Agency Project Area Number 2. As
such, the project is subject to prevailing wage requirements.
BACKGROUND AND OVERVIEW:
The realignment of Washington Street south of Highland Palms Drive (Avenue 47)
created the curbed median island on the west side of the street that separates
Washington Street from the frontage road in front of St. Francis of Assisi Catholic
Church (Attachment 1). This project proposed to maximize the space within this
Parkway Median area to serve as a storm water retention facility to supplement other
drainage improvements within the area. The proposed retention basin was graded
using 3:1 slopes with a maximum depth of six feet. All utilities, with the exception of
the Coachella Valley Water District (CVWD) sewer line were relocated outside of the
parkway median.
On April 20, 2010, the City Council adopted a resolution approving the Fiscal Year
2010/2011 through 2014/2015 Capital Improvement Program (CIP) and making
certain findings pursuant to Health and Safety Code Section 33445(a), and consenting
to the use of La Quinta Redevelopment Agency funding for the improvements
identified in the CIP. The Phase 11 Washington Street Drainage Improvements were
included within the adopted CIP and scheduled for funding during Fiscal Year
2010/2011.
On April 20, 2010, the City of La Quinta Redevelopment Agency adopted a Resolution
making certain findings pursuant to Health and Safety Code Section 33445(a), and
consenting to the use of La Quinta Redevelopment Agency funding for the
improvements identified within the Fiscal Year 2010/2011 through 2014/2015 CIP.
On September 21, 2010, the City Council authorized staff to distribute a Request for
Proposals (RFPs) to obtain professional engineering services to prepare the plans,
specifications and engineer's estimate (PS&E) for the Phase II Washington Street
Drainage Improvements, Project 2010-08.
On December 21, 2010, the City Council approved a Professional Services Agreement
(PSA), in the amount not to exceed $29,660, with RBF Consulting to provide
professional engineering services to prepare the PS&E for the Phase II Washington
Street Drainage Improvements, Project No. 2010-08.
•6 140
On June 14, 2011 the La Quinta City Council acted to approve the PS&E and
authorized staff to advertise for bid the Phase II Washington Street Drainage
Improvements, Project No. 2010-08; appropriated additional Redevelopment Agency
Project Area Number 2 funds in the amount of $161,500; and authorized the City
Manager to award a construction contract, up to the amount of $422,955, to the
lowest responsive bidder.
On June 28, the La Quinta City Manager awarded a contract for $252,486 to Dateland
Construction Company, Inc., to construct the Washington Street Drainage
Improvements Phase 2, Project No. 2010-08.
On August 3, 2011, a Notice to Proceed was issued with a forty five (45) working day
contract completion time starting August 8, 2011, and ending on October 10, 2011.
Contract Change Order No. 2 extended the project for a total of seventeen (17)
working days for the period required by the utility companies to lower their existing
utilities. The project was deemed substantially complete on November 1, 2011. As
per project specifications Section 1500-3.2, no liquidated damages or early completion
incentives are recommended.
There were also no contract quantity adjustments required between the bid quantities
and actual quantities installed. The project's construction effort is now deemed to be
100% complete and is in compliance with the plans and specifications. Prior to filing
the Notice of Completion, staff must receive authorization from the City Council to
approve this project as 100% complete and authorize the City Clerk to file a Notice of
Completion.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Accept the Washington Street Drainage Improvements Phase 2, Project No.
2010-08 as 100% complete; authorize the City Clerk to file a Notice of
Completion with the Office of the County Recorder; authorize staff to release
retention in the amount of $25,321, thirty-five (35) days after the Notice of
Completion is recorded; or
2. Do not accept Washington Street Drainage Improvements Phase 2, Project No.
2010-08 as 100% complete; do not authorize the City Clerk to file a Notice of
Completion with the Office of the County Recorder; do not authorize staff to
release retention in the amount of $25,321, thirty-five (35) days after the
Notice of Completion is recorded; or
I.N.j 141
3. Provide staff with alternative direction.
Respectfully submitted,
imothy R. IaAass P.E.
Public Works Director/City Engineer
Approved for submission by:
John M. Falconer,
Acting City Manager
Attachment: 1. Vicinity Map
..*,, 142
a •�
�F aD AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL/RDA/HA MEETING DATE: December 6, 2011
CONSENT CALENDAR: 3
ITEM TITLE: Approval of an Appropriation for
Demolition of Three City -Owned Buildings Located at STUDY SESSION:
78153 Main Street (APN: 770-124-004), 78-182
Avenida La Fonda (APN: 770-124-007) and 78-181 PUBLIC HEARING:
Avenida La Fonda (APN: 770-125-003)
RECOMMENDATION:
Approve an appropriation of $50,000 from General Fund Reserves for the demolition
of three City -owned, vacant apartment buildings and authorize the Acting and/or
Interim City Manager to negotiate and sign contracts for the demolition, subject to
legal review.
FISCAL IMPLICATIONS:
In order to expedite the removal of the vacant buildings and to prevent these
structures from continuing to create blight in the area, a General Fund appropriation is
needed to demolish the buildings, as they are now empty and are creating health and
safety issues. Staff has obtained quotes from local contractors, and the lowest bids
are as follows:
78153 Main Street D&P Engineering $13,000
78181 Avenida La Fonda Emery Land Clearing $18,780
78182 Avenida La Fonda D&P Engineering $13,000
During the mid -year budget process, staff will work to identify cost savings that will
possibly offset this appropriation.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Over the past year, the City has been purchasing various properties in the Village with
the goal of eliminating blighting conditions. In May 2011, two four-plex apartment
buildings and one five-plex apartment building went into foreclosure. The City
subsequently made offers on and purchased all three properties. City inspections
found the units to be uninhabitable, and on June 21, 2011, the City Council approved
a Relocation Plan for the eight tenants still living in the buildings.
All tenants have been relocated, and the buildings are now empty. Two of the
buildings were found to contain asbestos, and asbestos removal will begin soon. The
empty buildings are now creating health and safety issues. One property has an empty
swimming pool, there are numerous code issues, and transients have been observed on
the properties. It is imperative to demolish the buildings and clear the properties.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve an appropriation of $50,000 from General Fund Reserves for the
demolition of three City -owned, vacant apartment buildings and authorize the
Acting and/or Interim City Manager to negotiate and sign contracts for the
demolition, subject to legal review; or
2. Do not approve an appropriation of $50,000 from General Fund Reserves for the
demolition of three, City -owned, vacant apartment buildings; or
3. Provide staff with alternative direction.
Respectfully submitted,
Debbie Powell
Economic Development/Housing Manager
Approved for submission by:
John M. Falconer, Acting City Manager
". 145
COUNCIL/RDA MEETING DATE:
T4hf 4 4 a"
December 6, 2011
ITEM TITLE: Consideration of Appointment of Interim
City Manager and Approval of Contract with the
Interim City Manager
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: I
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Appoint the candidate deemed appropriate by the City Council as the Interim City
Manager, approve the execution of a contract with the Interim City Manager as
finalized by the City Attorney and agreed to by the candidate, and authorize the Mayor
to sign the contact.
If the selected candidate is a PERS retiree, the City Council is further asked to make
the following finding pursuant to Government Code Section 212211h►:
The hiring of the candidate is necessary for a limited duration to fill a vacant
position during the recruitment for a permanent appointment and is deemed
appropriate because the position requires specialized skills held by the
candidate.
FISCAL IMPLICATIONS:
The payment to the Interim City Manager is not anticipated to exceed the payments
that would otherwise have been paid to Tom Genovese. Since the City will no longer
be paying Mr. Genovese's salary, the payments to be provided to the Interim City
Manager will not require any modification to the budget at this time. The funds for the
contract would come from the General Fund.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The Council will soon engage in the process of filling the position of City Manager due
to the vacancy created by the sudden passing of Tom Genovese. It is anticipated that
.a . 146
it will take approximately three to six months to fill the position. During this period, it
is necessary to fill this position on an interim basis. The Interim City Manager will
provide direction and continuity of City operations until a new City Manager is
appointed. Pursuant to the Redevelopment Agency's Bylaws, the Interim City Manager
will also serve as the Interim Executive Director of the Agency.
In the closed session scheduled for this.City Council meeting, the Council will have an
opportunity to discuss various candidates to serve in this interim time period. Any
candidate who is currently a PERS retiree is subject to certain limitations imposed by
the Government Code. Specifically, a PERS retiree must restrict his or her work for an
agency that participates in the PERS system so that he or she does not work more
than 960 hours in a fiscal year. Given the short term nature of this contract, this
should not be a concern.
The Human Resources/General Services Manager and the City Attorney have prepared
a draft of an agreement that could be used for an Interim City Manager. The final
details of the contract would need to be completed and approved by the City Attorney
prior to its execution. The draft agreement is provided as Attachment 1.
FINDINGS AND ALTERNATIVES:
1. Appoint the candidate deemed appropriate by the City Council as the Interim
City Manager, approve the execution of a contract with the Interim City
Manager as finalized by the City Attorney and agreed to by the candidate, and
authorize the Mayor to sign the contact.
If the selected candidate is a PERS retiree, the City Council is further asked to
make the following finding pursuant to Government Code Section 212211h►:
The hiring of the candidate is necessary for a limited duration to fill a
vacant position during the recruitment for a permanent appointment and
is deemed appropriate because the position requires specialized skills held
by the candidate.
2. Direct the Acting City Manager to set up a formal interview process for
candidates interested in serving as Interim City Manager and schedule the
interviews for a future Council Meeting; or
3. Provide alternative direction to staff.
Respectfully submitted,
Terry L. aeringer
Human Resources/General Services Manager
11 147
Approved for submission by:
u /l,1/` MIj-
-/1
John Falconer, Acting City Manager
Attachment: 1. Draft form of Contract for Interim City Manager
N 148
ATTACHMENT 1
EMPLOYMENT AGREEMENT
INTERIM CITY MANAGER/INTERIM EXECUTIVE DIRECTOR
THIS EMPLOYMENT AGREEMENT (this "Agreement") is entered into as of
the 7th day of December, 2011, between the City of La Quinta (the "City"), the
La Quinta Redevelopment Agency (the "Agency") and (the
"Interim City Manager" or the "Employee"). The above -named parties hereby
mutually agree and promise as follows:
I. TERM.
The City and Agency hereby emp
Manager/Interim Executive Director beginnin,
time as a regular City Manager is hired and., I
in accordance with Section XI of this Agreem
II. SALARY.
Employee's salary shall'<tE
shall be paid pursuant to the pro
amended by the City in its sole d
this Agreement expires -of is term
III. DUTIES.
Employee shall.perf
as prescribed-by;Chapter
2.04 of the"Agency,Bylav
Municipai' Code, the'Interii
are delegated to him byvtl
all powersand duties in`a
and the State (of, California
IV.
the`'aEmployee as Interim City
)ecember .7, 2011, and until such
ins employment or until terminated
(the "Term")`:" --
as follows ';{To be inserted.]`"', which sum
es_
regularly established, and as they may be
ion.." The salary<'shalI be prorated in the event
J prior to the end of,;a given month.
duties 'of the City Manager, on an interim basis,
he City of .La Quinta Municipal Code and Section
idition to the powers and duties set forth in the
anager�sl all have such powers and duties which
.ouncil. The Interim City Manager shall execute
:e',with the policies adopted by the City Council
neat Code.
AND COU
BILITIES.
The Interim City.Manager shall be the Chief Executive Officer of the City and
of the Agency. As such, the Interim City Manager shall have the responsibility for
implementing City Council and Agency Board policy, whereas the City Council and
the Agency Board shall retain the responsibility for formulating -and adopting said
policy.
V. OTHER DUTIES.
The Interim City Manager (or his designee) shall: (1) review all policies
proposed to the City Council and make appropriate recommendations to the
N 149
Council; (2) periodically evaluate employees as provided for by California law and
City policy; (3) advise the Council of possible sources of funds that might be
available to implement present or contemplated City programs or services; (4)
maintain his professional competence; (5) establish and maintain appropriate
community relations; (6) serve as liaison between the Council and as its designated
representative with respect to all employer -employee matters, and make
recommendations to the Council concerning those matters; and (7) assist and
cooperate with City Council in its efforts to hire a regular City Manager.
Notwithstanding that a designee of the Interim City Manager may perform said
duties, the Interim City Manager shall be the person`tijtimately responsible to the
Council for the proper implementation of the duties and responsibilities described in
this Agreement.
VI. HOURS OF WORK.
A. It is understood that Employee will serve on an "as needed" basis,
with a goal of working an average of 32 hours per,,week during`.the Term of this
Agreement. Employee may work flexible hours at his discretion ;and judgment in
order to meet the needs of his position and the .City. '
B. Employee shall record;ghe'number of hours he works and provide that
number to the City on a biweekly' basis. Under no 'circumstances shall Employee
work more than 960 hour's in a fiscal year. ' As set forth" in Section XI below, this
Agreement shall ,a6't6.maiicaIIv expire upon ;the complyetion by Employee of 960
hours of work in a fiscal year.
VII. OUTSIDE PROFESSIONAL ACTIVI I IES.,
f
The Employee; with prior approval of the City Council, may undertake
outside 'professional activities for compensation, including consulting, teaching,
training, speaking and writing, provided they do not interfere with Employee's
normal duties and are done only during non -business hours of Employee and are not
done with any existing vendors or contractors of the City and/or Agency. Under no
circumstances shall, such outside activities create a conflict of interest with the
duties of the Interim City Manager/Interim Executive Director and the interests of
the City and/or Agency.'
Vill. EVALUATION,
City Council may evaluate the performance of Employee from time to time as
it deems appropriate.
p 150
IX. EMPLOYMENT OF REGULAR CITY MANAGER.
Nothing in this Agreement or in his/her performance of duties as Interim City
Manager shall entitle him/her to special consideration for employment as the regular
City Manager.
X. TERMINATION.
The Interim City Manager shall serve at the will and pleasure of the City
Council and may be removed from office (terminated),at,any time for any reason or
no reason, upon a majority vote of the City Counc 1, ,"Nothing in this Agreement
shall prevent the City Council from terminating this Agreement and the services of
the Employee at the City Council's sole discretion;; Employee may resign from
office by providing the City Clerk and City Attorney 21-days written notice. This
Agreement will automatically terminate upon the completion of the following two
events: (1) the City's regular City Manager has been hired arid has started work;
and (2) the Interim City Manager has provided any transitional` assistance requested
by the regular City Manager.
In addition, this Agreemeni,�sl all also expire=upon completion by Employee of
960 hours of work in a fiscal year:
XI. REIMBURSEMENT, OF EXPENSES.
A. Automobile.
Employee shall ruse his"own personal vehicle for City business. City shall
reimburse --Employee at the most current IRS rate for mileage incurred by the use of
his personal vehicle in the:rcourse 'ofhis,per'formance of duties as Interim City
Manager. Mileage commuting to,and from'work shall not be reimbursed.
B. '_` 'Other Expense s.
City shall reimburse Employee for all expenses he incurs in the course of his
performance of duties as Interim City Manager. Such expenses include, but are not
limited to, travel, lodging, ;transportation, meals, business materials and service
costs, provided that such expenses are business related. Expenses in excess of
$2000.00 shall require City Council approval.
XII. FRINGE BENEFITS.
The Interim City Manager shall be entitled to no benefits and compensation
other than as set forth above.
..» 151
XIII. GENERAL PROVISIONS.
A. This Agreement supersedes any and all other agreements, either oral
or written, between the parties hereto with respect to the employment of the
Employee by the City and Agency and contains all of the covenants and
agreements between the parties with respect to the employment of the Employee
by the City and Agency.
B. Each party agrees and acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any
party, or anyone acting on behalf of any party, which are not embodied herein and
that any agreement, statement, or promise not: contained in this Agreement shall
not be valid or binding on either party.
C. Any modifications of this Agreement will be'effective only if made in
writing and signed by the Employee, the City and the Agency'..;,,
D. If any provision of this Agreement is.;held by a court of competent
jurisdiction to be invalid, void ;or unenforceable, ";the remaining provision shall
nevertheless continue in full force and effect without being impaired or invalidated
in any way.
(Signatures Appear on�following Page]
.." 152
IN WITNESS WHEREOF, the parties have executed this Agreement on the
th day of 2011.
Veronica Montecino
City Clerk
By:
Name:
Interim City Manager/Interim Executive
Director
Y
" 153
APPROVED AS TO FORM:
RUTAN &TUCKER, LLP
M. Katherine Jenson
Agency Counsel
�.� 154
T-af 4 4 a"
AGENDA CATEGORY:
COUNCIURDA MEETING DATE: December 6, 2011
BUSINESS SESSION: Z
ITEM TITLE: Consideration of Authorization of the CONSENT CALENDAR: _
Release of a Request for Proposals for Executive
Search Firms Relative to Filling the City Manager STUDY SESSION:
Position PUBLIC HEARING:
RECOMMENDATION:
Authorize the Interim City Manager to: (1) prepare and issue a Request for Proposals
(RFP) to executive search firms to assist the City in filling the position of City Manager;
and (2) conduct an initial screening of the responses and present the top three firms to
the City Council for interviews and selection.
FISCAL IMPLICATIONS:
None at this time. There will be staff time for the preparation and issuance of the RFP.
If the City Council decides to hire a search firm, the costs will be outlined in the
proposals. Based upon proposals recently received by the City of Indian Wells, staff
anticipates the costs may range from $20,000 to $30,000. An appropriation for this
expenditure would be required at such time as the City chooses to enter into a
contract with the firm. Approximately 30% of the cost would be paid by the Agency
since the selected candidate would also serve as its Executive Director. This could be
impacted by the ruling of the California Supreme Court on the CRA litigation.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
With the sudden depth of Tom Genovese, the City Council must begin the unfortunate
task of finding a new City Manager. Pursuant to the RDA Bylaws, the City Manager
ultimately selected by the City Council will also serve as the Executive Director of the
La Quinta Redevelopment Agency.
N 155
While somewhat costly, the retention of an executive recruiting firm will likely generate
a broader array of experienced candidates for the position. The firms have a broad
database of potential candidates, and also contact candidates who are not currently
looking for a new position. The firm would conduct an initial meeting with the City
Council to help formulate the selection criteria. In addition, the selected firm would
prepare the advertising and conduct the preliminary screening. The firms have
expertise in background and reference checks. It would then bring forth the most
qualified candidates for City consideration. In addition, the firms normally provide
administrative assistance in setting up interview schedules.
In the alternative, the City Council could direct staff to prepare advertisements and
solicitation of recruits. This would result in a cost savings to the City, but may limit
the scope of candidates brought forward for the Council's consideration.
If the Council approves moving forward with an RFP, it is recommended that the
Interim City Manager (or a Selection Committee appointed by the Interim City
Manager) bring forward the top three firms for interview and selection by the City
Council. This would provide an opportunity for the City Council to be comfortable
with the approach that the firm intends to utilize in the search for a City Manager.
FINDINGS AND ALTERNATIVES:
1. Authorize the Interim City Manager to: (1) prepare and issue a Request for
Proposals to executive search firms to assist the City in filling the position of
City Manager; and (2) conduct an initial screening of the responses and present
the top three firms to the City Council for interviews and selection; or
2. Authorize city staff to take the necessary steps to conduct the recruitment
process; or
3. Provide alternative direction to the City Council.
Respectfully submitted,
a� Oe g�
Terry Libeeringer
Human Resources/General Services Manager
Approved for submission by:
John Falconer, Acting City Manager
M 156
Tw�p 4 4 a"
AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: December 6, 2011 3
BUSINESS SESSION: _
ITEM TITLE: Consideration of City Council Reorganization
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Select a member to serve as Mayor Pro Tempore for a term as provided by Resolution
No. 2006-1 15.
FISCAL IMPLICATIONS:
None
CHARTER CITY IMPLICATIONS:
None
BACKGROUND AND OVERVIEW:
The provisions of Resolution No. 2006-1.15 require the City Council to meet annually
and choose one of its members as Mayor Pro Tempore. Each selection shall be by
three or more affirmative votes, and a failure to achieve such total of affirmative votes
shall be deemed a selection of the incumbent to remain in office. Each person so
selected shall serve until a successor is chosen (at any time) by three or more
affirmative votes.
At the December 7, 2010 meeting, the City Council appointed Council Member Evans
as Mayor Pro Tempore.
The selection of Mayor Pro Tempore is being presented for the City Council's
consideration at this time.
4 157
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
Select a Mayor Pro Tempore to serve a term as provided by Resolution No.
2006-115; or
2. Provide staff with alternative direction.
Respectfully submitted,
Approved for submission by:
Acting City Manager
158
f
COUNCIL/RDA MEETING DATE: December 6, 2011
ITEM TITLE: Consideration of Selection of a
Representative to the Chamber of Commerce
Workshop/Information Exchange Committee
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
>1to111W*Xycoup
PUBLIC HEARING:
Approve the selection of a member of the City Council to serve on the Chamber of
Commerce Workshop/Information Exchange Committee for three consecutive
meetings.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The City Council has established a policy of appointing one of its members to serve on
the Chamber Workshop Information/Exchange Committee for three consecutive
meetings. Mayor Don Adolph was the last Council appointee to this Committee and
has attended three meetings (the meetings are held bi-monthly). The rotation of
appointees has been as follows:
Mayor Adolph (5/17/2011)
Council Member Henderson (11/16/2010)
Council Member Evans (5/18/10)
Mayor Pro Tem Franklin (11/17/09)
Mayor Adolph (5119/09)
Council Member Kirk (1/19/09)
Mayor Pro Tern Henderson (10/7/08)
Council Member Osborne (3/18/08)
Council Member Sniff (10/2/07)
if 159
In order to continue this policy, a new Council representative should be appointed at
this time. The next meeting is tentatively scheduled for Monday, January 9, 2012.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Appoint a new Council Member as a representative to the Chamber of
Commerce Information/Exchange Committee Workshop; or
2. Do not appoint a new Council Member as a representative to the Chamber of
Commerce Information/Exchange Committee Workshop; or
3. Provide staff with alternative direction.
Respectfully submitted,
Mari Casillas
Marketing/Economic Development Manager.
Approved for submission by:
A - u M u(�
John M. Falconer, Acting City Manager
.A 160
COUNCIL/RDA MEETING DATE: December 6, 2011
ITEM TITLE: Consideration of a Contract Extension
with FG Creative, Inc. for Professional Marketing
Services
RECOMMENDATION:
AGENDA CATEGORY: `
BUSINESS SESSION: ✓
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Authorize staff to negotiate an extension to the City of La Quinta's contract with FG
Creative, Inc. for professional marketing services.
FISCAL IMPLICATIONS:
None for this action. Funding for the referenced services will be contained within the
City's annual budget. If the contract is maintained at the current level, the annual cost
of the contact would be $410,000. The current Fiscal Year marketing services budget
(101-1003-413.55-07) is $450,000.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
FG Creative, Inc. (formerly Furino/Greene Creative) was selected as the City of La
Quinta's professional marketing firm in early 2009 following a request for proposals
(RFP) process. The City has been working with FG Creative since the spring of 2009,
at which time the firm assisted with preparation of a marketing plan for Fiscal Year
2009/2010. FG Creative commenced a three-year contract with the City on July 1,
2009, which is due to expire on June 30, 2012.
This item has been placed on the agenda to allow the City Council and staff time to
consider FG Creative's contractual relationship with the City. Staff is recommending a
�.; 161
contract extension for the next two fiscal years with a one year extension option.
Alternatively, Council may wish to direct staff to issue an RFP for marketing services.
Since 2009, FG Creative has performed a variety of tasks and has implemented an
array of programs related to economic development, advertising, tourism, social media,
special events, and public relations. Some of the City/FG Creative successes include
(award winning items are marked with an asterisk):
• Cooperative Marketing Program (for local businesses)
• Redesign of PlayinLaQuinta.com Website (City's tourism website)
• La Quinta Area Events/Tourism Brochure
• Redesign of La Quinta's Shopping & Dining Guide
• City of La Quinta iPhone App*
• La Quinta, CA Facebook Page
• Local, Regional & Online Advertising Campaigns
• Annual City Calendar*
• Bi-annual City Report (City newsletter)
• Promotion of Special Events
• Creative Graphic Branding*
• Public Relations
• Annual City Marketing Plan
Consistent with the City's consultant selection procedures, and in consideration of FG
Creative's extensive experience with La Quinta marketing programs, staff recommends
that the City Council authorize the Acting and/or Interim City Manager to negotiate an
extension to the existing contract (for two fiscal years and an additional one year
option thereafter). This contract extension, once negotiated, will be brought back for
City Council consideration during the City's 2012/2013 budget process. Alternatively,
the City Council may authorize staff to initiate the formal consultant selection process
(i.e., prepare and distribute an RFP).
The City of La Quinta's professional services registry, which is accessible via the
government website, allows firms to sign up to receive RFPs that are issued by the
City. Firms and individuals can request RFPs both in their area of expertise and other
areas of interest, as well. Attachment 1 contains a listing of the various firms that
have signed up to receive RFPs for marketing services.
Stephanie Greene, CEO of FG Creative, will be in attendance and would like to share
with Council changes to her company since 2009, including company name/
ownership, personnel, and new offices.
4 : 162
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Authorize staff to negotiate an extension to the City of La Quinta's contract
with FG Creative, Inc. for professional marketing services for two years with an
additional one year option; or
2. Do not authorize staff to negotiate an extension to the City of La Quinta's
contract with FG Creative, Inc. for professional marketing services, and direct
staff to prepare and issue a request for proposals for professional marketing
services; or
3. Provide staff with alternative direction.
Respectfully submitted,
Mar' Casillas
Ma eting/Economic Development Manager
Approved for submission by:
John M. Falconer, Acting City Manager
Attachment: 1. List of firms on City's professional services registry
requesting marketing services RFPs
,.N. 163
ATTACHMENT
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T-itf 4 4 Quha
AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: December 6, 2011
BUSINESS SESSION: iD
ITEM TITLE: Consideration of Appointment to Fill City
CONSENT CALENDAR:
Council Vacancy and Establishment of Procedures For
_
Same
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Direct City staff to advertise that the City will accept letters of interest from persons
wishing to fill the City Council vacancy and determine the date on which the City
Council wishes to conduct interviews and make an appointment to fill the vacancy
created by Councilmember Sniff's passing.
FISCAL IMPLICATIONS:
None, if the City Council fills the vacancy by appointment. If the City Council fails to
fill the vacancy by appointment on or before January 27, 2012, the City will be
required to hold a special election to fill the vacancy. The cost of a special election
would exceed $30,000.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Sadly, Councilmember Stanley Sniff passed away on the morning of November 29`h.
By law, his death creates a vacancy on the City Council. Councilmember Sniff's term
did not expire until November of 2012. The City Council must either fill the vacancy
within 60 days,' or call a special election to fill the vacancy. Because the 60t' day falls
on a Saturday, the City Attorney advises that the Council should consider Friday
January 27, 2012 as the deadline to take action on this matter.
The legal period to fill a city council vacancy previously had been 30 days,
but this period was extended to 60 days as of January 1, 2011.
• 166
The person appointed or elected to fill the vacancy would hold the office only for the
period of the unexpired term, i.e., until November of 2012.
Given the cost of the special election, the Council may wish to fill the vacancy by
appointment. In the past, when a City Council vacancy has been created, the Council
has directed staff to advertise that the City is accepting letters of interest from La
Quinta residents who wish to be considered for appointment to the City Council. The
Council then has interviewed the candidates and made the appointment at either a
regular or special meeting. More recently, the City Council directed staff to advertise
for applications along with a minimum of 25 signatures of support from registered
voters of the City of La Quinta, followed by interviews for the appointment.
The Council may wish to consider conducting interviews and making an appointment
at its regular meeting of December 20, 2011 or at a subsequent regular meeting.
Alternatively, it could conduct the interview and make the appointment at a special
meeting.
At this point in time, staff is looking for direction as to the schedule the City Council
wishes to establish for this process.
FINDINGS AND ALTERNATIVES:
1. Direct City staff to advertise that the City will accept letters of interest from
persons wishing to fill the City Council vacancy and determine the date on which
the City Council wishes to conduct interviews and make an appointment to fill the
vacancy created by Councilmember Sniff's passing.
2. Direct staff to prepare the necessary paperwork for the Council to consider setting
a special election.
3. Provide alternative direction to the Staff.
Respectfully submitted,
City Clerk
Approved for submisscion by:
John Falconer, Acting City Manager
.6 167
Veronica Montecino
From: Spencer, Rebecca <RAMartine@co.riverside.ca.us>
Sent: Thursday, December 01, 2011 12:16 PM
To: Veronica Montecino
Cc: Susan Maysels
Subject: RE: Special Election
Hello,
approximately $54,000. If you consolidate with an
available election dates:
Polling Place Election Dates - April 10, 2012, June 5, 2012, and November 6, 2012.
Mail Ballot Election Dates - May 8, 2012 and August 28, 2012.
Let me know if you need anything else.
Rebecca Spencer
Riverside County Registrar of Voters
Assistant Registrar of Voters
(951)486-7210 Fax(951)486-7272
RAMartine@co.riverside.ca.us
Be sure to follow the Registrar of Voters on Facebook and Twitter, so you can receive election updates.
REPORT/INFORMATIONAL ITEM: I ID
INVESTMENT ADVISORY BOARD
Meeting
October 12, 2011
Regular meeting of the La Quinta Investment Advisory Board was called to order at the
hour of 4:00 p.m. by Chairperson Spirtos followed by the Pledge of Allegiance.
PRESENT: Board Members Mortenson, Blum, Spirtos and Donais
ABSENT: Board Member Park
OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Senior
Secretary
II PUBLIC COMMENT - None
Mr. Falconer advised the Board that Board Member Park, due to an out-of-town
emergency, has requested an excused absence from today's meeting.
Board Member Blum advised the Board that the Mr. Falconer along with the
Finance staff was recognized at the October 4, 2011 City Council meeting for
Financial Reporting for the 151' year in a row. Board Member Blum, along with
the other Investment Advisory Board, extended his congratulations to Mr.
Falconer and staff.
III CONFIRMATION OF AGENDA
Mr. Falconer advised the Board of the date scheduled for the joint meeting with
the City Council and all Boards/Commissions for November 1, 2011. The Board
is currently scheduled for 4:30 p.m. and in addition, Mr. Falconer requested that
the handout for the proposed items of discussion for the scheduled joint
meeting be added for the Board's consideration under VI. Item C. Board
concurred.
Chairman Spirtos also advised that she would like to include additional
discussions derived from the October 4, 2011 City Council meeting under VI.
Item C. Board concurred.
IV CONSENT CALENDAR
1. Approval of Minutes of Meeting on September 14, 2011 for the Investment
Advisory Board.
169
MOTION - It was moved by Board Members Mortenson/Donais to approve the
Minutes of September 14, 2011. Motion carried unanimously.
V BUSINESS SESSION
A. .Transmittal of Treasury Report for August 2011
Mr. Falconer presented and reviewed the staff report for the month of
August advising the Board of a decrease in the cash balance of
approximately M7 million ending the month at $182.9 million. The
month end bank balance was at an unusual high due to a debt -service
payment due on September 1, 2011, of $1 1.9 million. Mr. Falconer also
advised that the Rabobank account had increased by $5 million, with an
ending balance of $39 million (the maximum per the investment policy for
this account is $40 million). Mr. Falconer also advised that LAIF has
slightly decreased ending the month at $13 million. Due to unchanged
market rates in Treasuries, staff decided to invest in Federal Home Loan
Bank Discount Notes for six -months at 6 basis points. In addition, with
debt service reserve funds available, the reserves were invested for
approximately one year at 9% basis points.
Mr. Falconer further advised that the decrease in the cash balance was
due to the following: $2.6 million in Police service costs and $1.41
million in Capital Improvement Project costs; (Capital Improvement
Projects included $338,000 towards the Adams Street Bridge, $266,000
towards the 5-plex on Avenida La Fonda and $202,000 towards the
Adams Street signal synchronization project).
General conversation ensued amongst the Board and staff regarding
several of the Capital Improvement Projects as well as the clarification of
the acronym CMAQ, Congestion Management Air Quality.
Mr. Falconer advised that the portfolio was three basis points lower than
the previous month with an ending balance at .38% and the pooled yield
was at .46%. Mr. Falconer further advised that as the current
investments begin to mature the yield will begin to decline.
In response to Chairman Spirtos, Mr. Falconer advised that the $12
million due to mature in the next several months will be rolled back into
LAIF, due to the upcoming payment to the State for the "Play to Pay"
payment for the continuation of the City's Redevelopment Agency.
General conversation ensued amongst the Board and staff regarding the
2
170
payment to continue with the Redevelopment agency in addition to the
upcoming legal issues with the state regarding these payments.
In response to Board Member Mortenson, Mr. Falconer stated that the
state does not provide a list of cities that will have to borrow money from
their low-income housing fund to pay the state for the "Play to Pay"
program, and that he would gather a list of those cities and provide the
list to the Board at the next scheduled board meeting.
General discussion ensued amongst the Board and staff in reference to
the effect of the declining interest income on LAIF employees.
In response to Board Member Mortenson, Mr. Falconer clarified for the
Board, the Projected Sources Use of Cash table, the Pooled Cash row on
page 9.
MOTION - It was moved by Board Members Blum/Donais to review,
receive, and file the Treasurers Report for August 2011. Motion carried
unanimously.
VI CORRESPONDENCE AND WRITTEN MATERIAL
A. Month End Cash Report - September 2011
Mr. Falconer presented and reviewed the staff report for the month of
September advising the Board of Rabobank's balance as of September 2011
ending at $39.5 million with the Bank of New York investments down to $64
million. With the current yields, staff is considering investing in LAIF and
commercial paper.
In response to Board Member Mortenson, Mr. Falconer advised that previously
the Board authorized staff to invest in the City's bonds, but with the uncertainty
of the redevelopment agencies and other issues with public perception, it was
decided by staff not to invest in the City's bonds at this time.
General discussion ensued amongst the Board and staff regarding municipal
bonds.
Mr. Falconer advised the Board that LAIF remains at .37% basis points with
Rabobank at .47% with the overall portfolio yield at .60% basis points.
In response to Chairperson Spirtos, Mr. Falconer advised that staff forecasted
the tax increments as a flat dollar amount for the upcoming year due to the
decline in the current home values.
3
171
0
VII
VIII
General discussion ensued amo
liabilities and potential retirement
Noted and Filed
Pooled Money Investment Board
Noted and Filed
Joint City Council/IAB Meeting
the Board and staff regarding future
- July 2011
Chairman Spirtos commented that based on her recent attendance to the City's
Planning Commission meeting, she suggested the Board might approach their
discussions with City Council with a more pro -active approach (i.e. potential
costs of moving power lines and/or any other expenditures in the near future).
Board Member Mortenson s
regarding municipal bonds.
In response to Board Member Blum
the joint meetings.
General discussion ensued among:
meeting with the City Council and it
the items suggested by staff.
Board Member Mortenson req
November Board meeting.
Noted and Filed
BOARD MEMBER ITEMS - None
ADJOURNMENT
that the Board consider discussions
Chairman Spirtos clarified the purpose of
the Board regarding the upcoming joint
,as the conclusion of the Board to discuss
an excused absence for the upcoming
MOTION - It was moved by Board Members Mortenson/Donais to adjourn the meeting
at 5:06 p.m. Motion carried unanimously.
:S m tted b ,
Vianka Orrantia
Senior Secretary
4
" 172
Department Report: 1 ,4,
NOF r
TO: The Honorable Mayor and Members of the City Cou it
FROM: John M. Falconer, Acting City Manager
DATE: December 6, 2011
SUBJECT: Department Report - Response to Public Comment
The following public comment was made at the November 15, 2011 City Council
meeting:
1. Mike Money, 44155 Carman Place, stated he received a citation for long-term
parking of his vehicle in front of his home. He filed a protest to the citation,
and stated he feels he is being targeted for this filing as the vehicle has been
cited a public nuisance.
Mayor Adolph stated Mr. Money's request will be turned over to the Code
Enforcement Manager for response.
Mr. Butler, Building & Safety Director, spoke to Mr. Money via telephone on
November 23, 2011. Mr Money and staff are working together toward long-
term resolution of his concerns.
.. of 173
DEPARTMENT REPORT: 3 A
Lam � /'� o' Oc
O % �j�}/Qum&
c
NOFT
TO: Honorable Mayor and Members of the City Council
FROM: Veronica J. Montecino, CMC, City Clerk
DATE: December 6, 2011 ►J�`1`
SUBJECT: January 3, 2012 City Council/Redevelopment Agency Meeting
The first regular meeting in January 2012 for the City Council and
Redevelopment Agency is scheduled to be held on January 3, 2012. Due to
the Christmas Holiday, City Hall is closed on Monday, December 26, 2011.
At this time, there are no items scheduled for the January 3, 2012 agenda
other than the minutes and the Demand Register. Action on these items
may be postponed to the January 17, 2012 meeting agenda.
If the City Council wishes to cancel the meeting, direction should be given to
the City Clerk to prepare and post a Notice of Cancellation for the January 3,
2012 City Council and Redevelopment Agency meetings.
Staff would appreciate receiving direction from the City Council regarding
-" the first City Council/Redevelopment Agency meeting of January 2012.
.a 174
DEPARTMENT REPORT: S
La Quinta Public Library Quarterly Report
July 2011—September 2011
Circulation
The La Quinta Public Library circulated. 67,343 items in the First Quarter of
201112012. Staff assisted customers with checking out 45,164 of these items at
our three self -check units.
Public Computer Usage
During this quarter, 9,949 computer sessions were logged on the library's 28
public access computers. Public computers are used by all ages and an important
connection for tourist and short-term visitors keeping in touch with work, family, or
checking travel arrangements.
Door Count
This quarter 53,166 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.
New Borrowers
In the period between July 1 and September 30 the staff issued 679 new library
cards.
Programming
A Preschool Storytime for children 3'/2 to 5 years old was held seven Tuesday
mornings during the quarter. A total of 313 children attended.
A weekly On -the -Lap Storytime Program for parents with babies and toddlers was
held prior to the Preschool Storytime. Seven programs were attended by 308
participants.
Volunteers
During this quarter 73 volunteers donated 725 hours of time. Volunteers worked
in the book store, shelved returned books in the library, and performed a myriad of
other tasks. During the summer many of our volunteers are high school students
performing volunteer service to use on college applications and to earn school
credits. During July, 28 of our volunteers were from National Charity League
helping with programs.
Friends of the Library
The La Quinta Friends of the Library continue to offer support in all areas. This
quarter they purchased incentives for the Summer Reading Program and hosted the
July "Thursday @ Three" series of programs for families with school age children.
.. M 175
Special Annual Events
This year's Summer Reading Program, with the theme "One World, Many Stories"
began in June and continued through August. This year 503 children registered to
participate. Registered children had the option of signing up for either Reading
Rewards which charts the time a child spends reading or the Books We Shared
Program which records books read aloud to the child. This year 33% of the
children registering completed the program. Compared to other libraries this is an
extremely high completion rate. Our teen program registered only 38 people but
had a 68% completion rate.
The library held five programs with performers in our "Thursday @ Three" series
aimed at school -age children and their families. The four programs drew 788
people.
Outreach to Schools
All fifth grade students from Benjamin Franklin Elementary School took part in
library reference training sessions during September. The training focused on how
to find things in the library and how to use the library as a reference tool from
home and school.
Classes offered at the library
The library offers classes in conversational Spanish and the most basic beginning
computer use. Both series of classes resumed in September. Seventy-one people
attended three session of the Spanish class and 39 people completed the three-
week session of computer classes.
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 library continued the joint Whodunnit? Mystery Book Club that pairs book
themes with Senior Center Speakers. Eleven people attended the first session at
the library.
176
La Quinta Library Expenditures
July 1 2011 — September 30, 2011
Library Contract
Expenditures (LSSI)
7/1/11 to
9/30111
10/1/11 to
12/31/11
1/1/12 to
3/31/12
4/1/12 to
6/30/12
Total Year to
Date
Labor & Benefits
$98,947.18
$98,947.18
Materials, Net of
Donations
0
Utilities
$149.96
$149.96
Automation & Courier
$16,278.01
$16,278.01
Other Direct Costs
$1,263.30
$1,263.30
Zone Administration
$6,751.33
$6,751.33
Shared Costs
$9,072.28
$9,072.28
Library Contract
Expenditures
$132,462.06
$132,462.06
County Expenditures
7/1111 to
9/30/11
1011111 to
12/31/11
1/1/12 to
3/31/12
4/1/12 to
6/30/12
Total Year to
Date
Personnel
$396.71
$396.71
Insurance
$13,097.96
$13,097.96
Miscellaneous
Expenses
$3,782.111
$3,782.11
Miscellaneous
Maintenance Charges
$189.39
$189.39
Special Program
Expenses
$8,575.02
$8,575.02
Accounting Costs
$80.03
$80.03
Travel and Conferences
0
Support Services
$20,490:25
$20,490.25
County Expenditures
$46,611.47
546,617.47
[TOTAL EXPENDITURES $179,073.531 1 $179,073.53�
•.n 17l
La Quinta Museum Quarterly Report
July 2011—September 2011
Visitors
The 1,920 people who visited the museum this quarter ranged from school -age
children to adults.
Exhibits
The exhibits on display this quarter was Jurassic Encounter (which opened in
February) and California Pioneers (which opened in September). Jurassic Encounter
featured robotic dinosaurs, hands-on activities and actual fossils. California
Pioneers features a working telegraph system, life size covered wagon and Civil
War artifacts.
Programming
Three sessions of the Preschool Story Time for children ages 3-5 were held the first
Wednesday of each month. Twenty-five children attended these programs. These
story time programs were a collaboration between the La Quinta Museum and the
La Quinta Library.
The museum's other two special events attracted a total of 223 visitors. These
events included: a lecture on the Cahuilla by Dr. Lowell Bean and the opening
reception for_California Pioneers.
The La Quinta Museum hosted one field trip from a local elementary school during
this quarter bringing 30 children to visit the facility.
The museum's summer craft program for children, Junior Paleontologists, attracted
71 guests. Children made sand art dinosaurs, mobiles and sun catchers.
Volunteer Hours
Five volunteers donated 50 hours of volunteer work this quarter. Volunteers
helped with the Junior Paleontologists summer program and with the construction
of California Pioneers.
Gift Shop
Total sales in the gift shop this quarter was $1,858.94. The gift shop's dinosaur
themed merchandise including plush dinosaurs, fossils, figurines, and magnets
continued to sell very well throughout the quarter. The museum added new
merchandise such as cowboy hats, Civil War bullets, train whistles and more to
coincide with the museum's California Pioneers exhibit.
a 178
La Quints Museum Expenditures
July 1, 2011 — September 30, 2011
Museum Personnel
Costs
7/1/11 to
9/30/11
10/1/11 to
12/31/11
1/1/12 to
3/31/12
411/12 to
6/30/12
Total Year to
Date
Salaries
$29,625.00
$29,625.00
Total Personnel Costs
$29,625.00
$29,625.00
Museum
Programming Costs
7/1/11 to
9/30/11
10/1111 to
12/31/11
1/1112 to
3/31/12
4/1/12 to
6/30/12
Total Year to
Date
Special Speaker
$5,548.50
$5,548.50
Printing
$1,392.56
$1,392.56
Total Programming
Costs 1
$6,941.061
$6,941.06
Other Costs
7/1/11 to
9/30/11
10/1/11 to
12/31/11
1/1/12 to
3/31/12
4/1/12 to
6/30/12
Total Year to
Date
Travel
$82.14
$82.14
Supplies
$14,043.37
$14,043.37
Miscellaneous
$4,416.81
$4,416.81
otal Other Costs
$18,542.32
$18,542.32
OTAL
1
EXPENDITURES
$55,108.38
$55,108.38
N 179
Department Report: 1 A
/ _T_w•�
w
s� 4q
P`N OF
TO: The Honorable Mayor and Members of the City Council
FROM: Les Johnson, Planning Directo,Vq
DATE: December 6, 2011
SUBJECT: General Plan Monthly Update
Although the schedule has been extended, the General Plan Update is starting to
come together. Over the summer, Public Works and Planning staff worked with
Terra -Nova and Iteris to address a number of outstanding issues with the Traffic
and Circulation Element. The purpose of the extended work on the element was
related to future intersection enhancements. and long-range policy with the goal of
improving the City's projected level of service. Staff has also been working on
completing the Land Use and Economic Development Elements and the Draft
Environmental Impact Report. Once these tasks are completed sometime in mid -
December, the Technical Advisory Committee will be receiving the last of the
general plan elements for review.
Following a hiatus over the summer season, the public outreach program for the
General Plan Update has continued. A staff member provided information about
the General Plan Update at a Rancho La Quinta homeowner's association meeting
held on November 15'. Staff is also currently preparing for a General Plan Update
community meeting to be held sometime in late January or February. Staff will be
bringing forward certain General Plan related topics for City Council discussion
sometime after the Christmas holiday.
4 180
c&t�p 4 XP Q"
COUNCILIRDA MEETING DATE: December 6, 2011
ITEM TITLE: Continued Public Hearing to Consider a
Resolution Adding Certain Alternative Conditions of
Approval to Four Tract Maps Allowing the Design
and Construction of Raised Medians in Lieu of
Traffic Signals for Tract Map Nos. 25500-4, 28603-
1, 28838-1, and 29147-1, KSL Land Corporation
and Approving a Cash Payment for Remaining Off -
Site Improvements Associated With Tract Map
28960
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING: J_
Open the public hearing and move to continue the hearing to consider a resolution
adding certain alternative conditions of approval to four tract maps allowing the design
and construction of raised medians in lieu of traffic signals for Tract Map Nos. 25500-
4, 28603-1, 28838-1, and 29147-1, KSL Land Corporation and approving a cash
payment for remaining off -site improvements associated with Tract Map 28960, to the
regularly scheduled City Council meeting of January 17, 2012.
BACKGROUND AND OVERVIEW:
At the City Council meeting of November 1, 2011 KSL Land Corporation requested a
continuance of this Public Hearing to December 6, 2011. KSL Land Corporation
submitted their updated traffic analysis on November 23, 2011. Due to the upcoming
holidays, staff believes it may take until mid -December or later for the developer to
supply the necessary technical support exhibits to staff and the PGA West and Griffin
Ranch Homeowners Associations and allow enough time to adequately review the
documents before the public hearing can be held, and therefore recommends
continuing this item to no earlier than January 17, 2012.
At the City Council meeting of November 1, 2011, City Attorney Jenson announced
for the record that Council Member Franklin had already identified her conflict of
interest due to the proximity of her residence to the project previously, and Mayor
4 181
Adolph had received a letter from Bruce Cathcart, Real Estate Consultant, declaring
that Mayor Adolph is no longer disqualified from participating in this matter
FINDINGS AND ALTERNATIVES:
1. Open the public hearing and move to continue the hearing to consider a
resolution adding certain alternative conditions of approval to four tract maps
allowing the design and construction of raised medians in lieu of traffic signals
for Tract Map Nos. 25500-4, 28603-1, 28838-1, and 29147-1, KSL Land
Corporation and approving a cash payment for remaining off -site improvements
associated with Tract Map 28960, to the regularly scheduled City Council
meeting of January 17, 2012, at 7:00 p.m.;
2. Open the public hearing and move to continue the hearing to consider a
resolution adding certain alternative conditions of approval to four tract maps
allowing the design and construction of raised medians in lieu of traffic signals
for Tract Map Nos. 25500-4, 28603-1, 28838-1, and 29147-1, KSL Land
Corporation and approving a cash payment for remaining off -site improvements
associated with Tract Map 28960, to the regularly scheduled City Council
meeting of December 20, 2011, at 7:00 p.m.;
3. Conduct the public hearing this evening Adopt a Resolution of the City Council:
A. Adding Condition 26A to Tract Map No. 25500-4 which reads:
"26A. In lieu of Condition 26, the applicant may design and construct a
"worm" configured raised median that prohibits left turns out at the
Winged Foot access to Tract 25500-4 on Madison Street (PGA West
Residential Area 1 and Eagle Bend entrance) by June 30, 2012 and pay
$500,000 (total amount for Tracts 25500-4, 28603-1, 28838-1 and
29147-1) to the City's Transportation DIF Fund."
B. Adding Condition 22A(1) to Tract Map No. 28603-1 and Condition
2213(1) to Tract Map No. 28838-1 which respectively read:
1. "22A(11. In lieu of Condition 22A, the applicant may design and
construct 50% of a "worm" configured raised median that prohibits left
turns out at the Weiskopf access to Tract 28603-1 on Madison Street
(Master Series entrance) by June 30, 2012, and pay $500,000 (total
amount for Tracts 25500-4, 28603-1, 28838-1 and 29147-1) to the
City's Transportation DIF Fund."
4
182
2. "226(1). In lieu of Condition 22B, the applicant may design and
construct 50% of a "worm" configured raised median that prohibits left
turns out at the Legends Way access to Tract 28838-1 on Madison
Street (Master Series entrance) by June 30, 2012, and pay $500,000
(total amount for Tracts 25500-4, 28603-1, 28838-1 and 29147-1) to
the City's Transportation DIF Fund."
C. Adding Condition 35A(3)(a) to Tract Map No. 29147-1 which reads:
"35A(3)(a). In lieu of Condition 35A(3), the applicant may pay cash in
the amount of $31,000 to the City for the design and construction of
one half of a "worm" configured raised median that prohibits left turns
out of the Troon Way access to Tract 29147-1 on Madison Street
(Legends and Summit entrance), and design and construct a "pork chop"
configured raised median that prohibits left turns in to and out of the
Black Diamond access to Tract 29147-1 on Avenue 58 (Pasadera and
Summit entrance) by June 30, 2012 and pay $500,000 (total amount for
Tracts 25500-4, 28603-1, 28838-1 and 29147-1) to the City's
Transportation DIF Fund."
D. Adding Condition 22F to Tract Map No. 28960 which reads:
"22F. In lieu of Conditions 22B, D, and E, the applicant may pay cash in
the amount of $963,125 (KSL already deposited $390,541.81 for the
interim Avenue 58 off -site improvements) for the design and construction
of one quarter of the traffic signal at Madison Street and Avenue 58 and
the off -site improvements on Avenue 58 associated with Tract 28960; or
4. Provide staff with alternative direction.
Respectfully submitted,
�7j
r
2
Timothy R. JoII__ son, P.E.
Public Works lei ector/City Engineer
Is 183
Approved for submission by:
A4 l
CjJohn M. Falconer,
Acting City Manager
.W
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, ADDING CERTAIN
ALTERNATIVE CONDITIONS OF APPROVAL FOR TRACT
MAP NOS. 25500-4, 28603-1, 28838-1, AND 29147-1
AND APPROVING A CASH PAYMENT FOR THE
REMAINING OFF -SITE IMPROVEMENTS ASSOCIATED
WITH TRACT MAP NO. 28960
WHEREAS, the City Council approved the Conditions of Approval for
Tentative Tract Map 25500, Amendment #1 on July 31, 1990, Tentative Tract
Map 28603 on November 17, 1998, Tentative Tract Map 28838 on July 20,
1998, Tentative Tract Map 29147 on December 7, 1999, and Tentative Tract Map
28960 on November 17, 1998; and
WHEREAS, the City currently holds developer securities for: a) 100% of the
design and construction of a traffic signal at the Winged Foot access to Tract
25500-4 on Madison Street, b) the design and construction of 50% of a traffic
signal at the Weiskopf access to Tract 28603-1 on Madison Street, c) the design
and construction of 50% of the traffic signal at the Legends Way access to Tract
28838-1 on Madison Street, d) the design and construction of 50% of the traffic
signal at the Troon Way access to Tract 29147-1 on Madison Street, e) the design
and construction of 100% of the traffic signal at the Black Diamond access to
Tract 29147-1 on Avenue 58, and f) the design and construction of 75% of full
right-of-way off -site improvements along a length equal to the length of the PGA
West Specific Plan 83-002 development that fronted Avenue 58, the Interlachen
extension off -site improvements, and the design and construction of 25% of the
traffic signal at Avenue 58 and Madison Street; and
WHEREAS, the developer requested to pay cash to satisfy the remaining off -
site improvements for Tract Map 28960, which includes one quarter of the traffic
signal at Madison Street and Avenue 58 and the off -site improvements on Avenue
58 associated with this tract; and
WHEREAS, the developer has requested to not be obligated to design and
construct 4 traffic signals associated with Tract Maps 25500-4, 28603-1, 28838-
1, and 29147-1 on the basis that fewer units have been constructed for PGA West
than were originally entitled. Specifically, the developer is requesting to not be
obligated to design and construct three traffic signals on Madison Street: the
Winged Foot access to Tract 25500-4 ("PGA West Residential Area 1 " & "Eagle
Bend"), the Weis kopf/Legends Way access to Tract 28603-1 and Tract 28838-1
("Master Series"), and the Troon Way access to Tract 29147-1("Legends" &
•1 185
Resolution No. 2011-
KSL Lend Corporation
Adopted: December S, 2011
Page 2
"Summit" entrance), as well as one traffic signal on Avenue 58 at the Black
Diamond access to Tract 29147-1 ("Pasadera" & "Summit" entrance); and
WHEREAS, the City Traffic Engineer supports the recommendation to
eliminate the 4 traffic signals as long a's the developer designs and constructs
"worm" configured raised medians to prevent left turns out of the Winged Foot
access (Tract 25500-4), Weiskopf/ Legends Way access (Tract 28603-1 and
28838-1), and the Troon Way access on Madison Street (Tract 29147-1) and
designs and constructs a "pork chop" configured raised median to prevent left
turns into and out of the access at the Black Diamond entry (Tract 29147-1) on
Avenue 58; and
WHEREAS, the aforementioned Tr
respective Tentative Tract Map applicatic
California Environmental Quality Act (C
Code Section 65457(a) and. CEQA Guidel
Impact Report (SCH# 83062922) was pro
83-002) and certified by the City Cc
circumstances or conditions were deemei
preparation of any subsequent environme
Maps pursuant to Public Resources Code
.t Maps 25500 and 28838, during their
review, were deemed exempt from the
CIA) per Public Resources Government
as, Section 15182, as an. Environmental
ared for the PGA West Specific Plan (SP
ncil on May 1, 1984. No changed
to exist which would have triggered the
tal analysis on the aforementioned Tract
action 21166; and
WHEREAS, the aforementioned Tract Maps 28603 and 29147, during their
respective Tentative Tract Map application review, were deemed exempt from
CEQA per Public Resources Government Code Section 65457(a) and CEQA
Guidelines, Section 15182, as an Environmental Impact Report (SCH# 90020727)
was prepared for Specific Plan 90-017j and certified by the City Council on
December 3, 1991. No changed circumstances or conditions were deemed to exist
which would have triggered the preparation of any subsequent environmental
analysis on the aforementioned Tract Maps pursuant to Public Resources Code
Section 21166; and
WHEREAS, the La Quinta Planning Director and City Traffic Engineer have
determined that modification of final map requirements, such as the subject
conditions of approval which implement their respective final maps do not trigger
the need for further CEQA review, as they do not give rise to the circumstances
identified in PRC Section 21166.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
a 186
Resolution No. 2011-
KSL Land Corporation
Adopted: December 6, 2011
Page 3
1. Condition 26A is hereby added -to Tract Map No. 25500-4 which
reads:
"26A. In lieu of Condition 26, the applicant may design and construct a "worm"
configured raised median that prohibits left turns out at the Winged Foot access to
Tract 25500-4 on Madison Street (PGA West Residential Area 1 and Eagle Bend
entrance) by June 30, 2012 and pay $500,000 (total amount for Tracts 25500-4,
28603-1, 28838-1 and 29147-1) to the City's Transportation DIF Fund."
2. Condition 22A(1) is hereby added to Tract Map No. 28603-1 and
Condition 226(1) to Tract Map No. 28838-1 which respectively read:
a. "22A(1). In lieu of Condition 22A, the applicant may design and construct a
50% of a "worm" configured raised median that prohibits left turns out at the
Weiskopf access to Tract 28603-1 on Madison Street (Master Series entrance) by
June 30, 2012, and pay $500,000 (total amount for Tracts 25500-4, 28603-1,
28838-1 and 29147-1) to the City's Transportation DIF Fund."
b. "2213(1). In lieu of Condition 22B, the applicant may design and construct a
50% of a "worm" configured raised median that prohibits left turns out at the
Legends Way access to Tract 28838-1 on Madison Street (Master Series entrance)
by June 30, 2012, and pay $500,000 (total amount for Tracts 25500-4, 28603-1,
28838-1 and 29147-1) to the City's Transportation DIF Fund."
3. Condition 35A(3)(a) is hereby added to Tract Map No. 29147-1 which
reads:
"35A(3)(a). In lieu of Condition 35A(3), the applicant may pay cash in the amount
of $31,000 to the City for the design and construction of one half of a "worm"
configured raised median that prohibits left turns out of the Troon Way access to
Tract 29147-1 on Madison Street (Legends and Summit entrance), and design and
construct a "pork chop" configured raised median that prohibits left turns into and
out of the Black Diamond access to Tract 29147-1 on Avenue 58 (Pasadera and
Summit entrance) by June 30, 2012 and pay $500,000 (total amount for Tracts
25500-4, 28603-1, 28838-1 and 29147-1) to the City's Transportation DIF Fund."
4. Condition 22F is hereby added to Tract Map No. 28960 which reads:
"22F. In lieu of Conditions 22B, D, and E, the applicant may pay cash in the
amount of $963,125 (KSL has already deposited $390,541.81 for interim Avenue
58 off -site improvements) for one quarter of the design and construction of a
4 187
Resolution No. 2011-
KSL Land Corporation
Adopted: December 6, 2011
Page 4
traffic signal at Madison Street and Avenue 58 and additionally the off -site
improvements on Avenue 58 associated with Tract 28960.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council held on this 6th day of December, 2011, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
VERONICA J. MONTECINO, CMC, City Clerk
City of La Quinta, California
(SEAL)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
i ll
-70q,�&
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La CXinta
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O ��ty MA?7ACER S DLP) ___)
M. Katherine Jenson _
City Attorney Dealt
City of La Quinta ,I
Rutan and Tucker, LLP
P.O. Box 1950
Costa Mesa, CA. 92628-1950
07/29/11
RE: Analysis of the Potential Effect of KSL Land Corporation's Request to Modify Certain
Off -Site Traffic Improvements at PGA West on the Value of the PGA West Master
HOA Common Area and the Home of Mayor Don Adolph
Dear Ms. Jenson,
Thank you for the opportunity to provide my services to the City of La Quinta as your local real
estate expert regarding any potential conflict of interest with respect to the participation and/or
actions of Mayor Don Adolph in his capacity as a La Quinta City Council member as they
pertain to the Proposed Off -Site Traffic Improvements located along Madison Street and Avenue
58. Pursuant to your request, I have analyzed the potential economic effect that such actions
relating to these Off -Site Traffic Improvements might have on either the personal residence of
Mayor Adolph or on any of the Common Areas of the PGA West community in which he
resides.
By way of background, my qualifications to render this opinion include the following: I am a
California Licensed Real Estate Broker; I am the co-owner of La Quinta Palms Realty and have
been practicing Real Estate Sales and Property Management in La Quinta since 1982; 1 have
valued, listed, and sold numerous properties in PGA West and the surrounding Communities; I
have a BA in Economics from the University of California at Irvine.
KSL Land Corporation ("KSL") has filed a request to modify certain off -site conditions of
approval for four already approved tract maps within the PGA West communities. The scope of
this professional opinion shall be limited to the assessment of whether the City Council's
granting or denying KSL's request might have any effect on the value of the common area
owned by the PGA West Master HOA ("HOA") or on the value of Mayor Adolph's personal
residence. My analysis of whether there is any potential financial effect on the Mayor's real
property interests is based upon the "one penny rule" which requires that any actions taken by
Mayor Adolph with regard to the proposed modifications will not affect the value (even by one
penny) of the PGA West Master HOA common areas and properties or the Mayor's personal
residence.
189
:. 51001 Eisenhower Dr. La Quinta, CA. 92253 (760) 564-4104 F. (760) 564-0344
Based upon my knowledge of the area and the circumstances in this situation, the use and
maintenance of the Master HOA common areas and property are not affected by the proposed
Modifications/Traffic Improvements. These common areas and properties consist mainly of
private roadways, common area landscaping, medians, walkways, guard houses/gates, and other
private common amenities (pool/spa areas). The majority of these items and areas are private
and secluded away from the public by the walls surrounding their gated community. Those
improvements and properties located outside of these walls run parallel to the public roadways.
The proposed Modifications/Traffic Improvements are specific to the public roadways leading to
and from these PGA West communities and propose to modify existing, previously approved
center medians to alter traffic patterns and eliminate the need for stop lights at certain
intersections. It is my opinion that neither the intrinsic or aesthetic value of the Master HOA
common areas and/or property would be affected by the proposed Modifications/Traffic
Improvements.
The personal residence of Mayor Adolph is located at 55-105 Riviera and is approximately 7,300
feet (1.38 miles) as the crow flies from the closest proposed Modification/Traffic Improvement.
In addition to this great distance, Mayor Adolph's residence is located in a tract that is not being
proposed for modification and takes its access exclusively from PGA West Blvd. which is
wholly unaffected from any of the proposed modifications or resulting traffic flows which could
result from such modifications. The decision to approve or disapprove KSL's requests for
modifications will not have any positive or negative impact on the value of Mayor Adolph's
personal residence.
It is therefore my independent and professional real estate opinion that any actions taken by
Mayor Adolph as a voting member of the City Council for the City of La Quinta (within the
scope of this letter) with regard to the proposed modifications to the Off -Site Traffic
Improvements located along Madison Street and Avenue 58 will have No Impact on the
economic value of the PGA West Master HOA common areas and properties or his personal
residence..
Please do not hesitate to contact me with any questions regarding the contents of this letter. As
always, it is a pleasure to be of service to you and the City of La Quinta.
Respectfully Submitted,
Bruce Y. Cathcart
La Quinta Palms Realty
Broker #00915271
51001 Eisenhower Dr. La Quinta, CA. 92253 (760) 564-4104 F. (760) 564-0344
r,
190
COUNCIL/RDA MEETING DATE: December 6, 201 1
ITEMTITLE: Public Hearing to Consider Adoption of a
Resolution Approving Proposals and Authorizing the
City Manager to Submit Applications to Riverside,
County Economic Development Agency for
Community Development Block Grant (CDBG) Funds
for Fiscal Year 2012/2013
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING: Z
Adopt a Resolution of the City Council allocating the use of Community
Development Block Grant (CDBG) funds totaling an estimated $175,000 for Fiscal
Year 2012/2013 to: the Boys and Girls Club, La Quinta Unit for the Fee
Waiver/Reduction Program ($30,000); and to the City of La Quinta for public facility
improvements along Calle Sinaloa, between Eisenhower Drive and Desert Club Drive
($145,000), within Redevelopment Project Area 1.
FISCAL IMPLICATIONS:
Upon approval by the Department of Housing and Urban Development (HUD) of the
County of Riverside Urban County CDBG monies, the City will be eligible for
approximately 5175,000 in funds for the project(s) identified in the Resolution.
CITY CHARTER IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The CDBG program is an important source of special program funding for the City of
La Quinta. The CDBG program is administered by the Riverside County Economic
Development Agency (EDA). Each year funding is available from EDA to participating
cities in the County for eligible activities. Eligible activities must meet national
objectives which include benefits to low- and moderate -income families, the elderly or
handicapped; or aid in the elimination of slums or blight. Funding categories include
public service and capital improvements.
1 191
Public Services
Public service is one of the specific project categories eligible for CDBG funding. The
list includes child care, recreation programs, land education programs, among others.
All public service activities must show benefit to low- and moderate -income persons.
The percentage of CDBG funds allowed each year for these activities is limited by a
formula. The County EDA has set a minimumfunding requirement for CDBG programs
at $10,000. The maximum allowable public, service dollar amount for La Quinta this
year is estimated to be $30,000.
The Boys and Girls Club of the Coachella Valley, La Quinta Unit, has requested
$30,000 of CDBG funding to continue the membership fee waiver/reduction program.
The program provides a fee waiver/reduction for certified low- and moderate -income
families of La Quinta students to utilize day care and after school care services
provided by the Boys and Girls Club in La Quinta. The Boys and Girls Club charges
both an annual and a summer membership fee; the fee waiver and/or reduction allows
approximately 115 children to utilize the programs that otherwise would not be able to
participate because of the fee structure.
No other requests for CDBG funding from the City of La Quints have been received.
Staff is recommending allocation of the maximum amount of funds available for public
services, in the amount of $30,000, to the Boys and Girls Club fee waiver/reduction
program, as the program has proven to be both effective and meaningful for low- and
moderate -income youth within the City. Historically, the City has funded only one
public service agency request. Since the City does not receive any CDBG
administrative funding to manage these grant monies, it is not cost effective to
allocate monies to several agencies.
Capital Improvements
An estimated amount of $145,000 in Fiscal Year 2012/2013 CDBG grant funds is
available to be allocated to the City for capital improvements. The City of La Quints
Public Works Department has requested funding for the construction of ADA compliant
curb -ramps and sidewalk improvements along) Calle Sinaloa, between Eisenhower Drive
and Desert Club Drive (Attachment 1). The; projects will improve pedestrian safety
within the Cove Residential District. The project meets the national objective for the
utilization of CDBG funds to benefit persons with disabilities and low- to moderate -
income persons. The project also meets the criteria for eligibility by providing a benefit
to persons with disabilities and persons of low- to moderate -income, as documented in
the City Redevelopment Plan for Project Area No. 1.
The City of La Quinta has allocated approximately $900,000 over the past five years
of participating in the CDBG program. The average allocation over this period is
$180,000 of CDBG program funding per year. Funding of the CDBG program varies
192
annually depending on overall funding allocations set by the Federal Government and
the U.S Department of Housing and Urban Development. Although staff is
recommending approval of $175,000 for the 2012/2013 CDBG program, funding
limits may be decreased by the overall CDBG funding allocation given to the EDA.
The purpose of this hearing is to provide opportunity to review and comment on all
applications, to take public comment, to select and identify proposals, and to
reprogram funds if appropriate. The City will submit "Entitlement Funds Project
Application Forms" to the EDA. The EDA then submits, for all participating cities in
the CDBG Urban County program, a "Final Statement of Community Development
Objectives and projected Use of Funds" to HUD for final approval of CDBG funds for
Fiscal Year 2012/2013.
The following is a summary of the received grant applications for Fiscal Year
2012/2013 funding. Copies of the applications are available in the City Clerk's Office.
PUBLIC IMPROVEMENT REQUESTS:
A enc
I mM M
P-Uq ose
City of La
$145,000
Public Facility Improvement; i.e. construction of ADA
Quinta
compliant curb -ramps and sidewalk improvements
along Calle Sinaloa, between Eisenhower Drive and
Desert Club Drive
PUBLIC SERVICE REQUESTS:
Boys & Girls Club I $30,000 I Fee Waiver/Reduction I 115
La Quinta Unit Program
FINDINGS AND ALTERNATIVES:
The amount of CDBG funding available varies on a yearly basis. The amount available
for this year's funding is an estimate based on previous years' funding and federal
funding of the CDBG program. Since the specified funding amount is an estimate, the
amount of funding available could change. If funding levels change, all categories of
program funding could be affected. However, attempts will be made to retain public
service funding amounts. Actual funding numbers should be received by the City from
the EDA by April 2012.
to 193
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council allocating the use of CDBG funds totaling
an estimated $175,000 for Fiscal Year 2012/2013 to: the Boys and Girls Club,
La Quinta Unit for the Fee Waiver/Reduction Program ($30,000), and to the City
of La Quinta for public facility improvements on Calle Sinaloa ($145,000) within
Redevelopment Project Area 1; or
2. Do not adopt a Resolution of the City Council allocating the use of CDBG funds;
or
3. Approve funding alternative eligible requests submitted; or
4. Provide staff with alternative direction.
Submitted:
, Planning Director
. Approved for submission: d
N4A
John Falconer, Acting City Manager
Attachment: 1. Location of proposed public improvements
N 194
I
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA ADOPTING PROPOSALS, AND
AUTHORIZING THE CITY MANAGER TO SUBMIT
APPLICATIONS FOR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS FOR FISCAL YEAR 2012/2013
WHEREAS, the Community Development Block Grant Funds for Fiscal
Year 2012/2013 will be approximately $175,000 to begin July 1, 2012; and,
WHEREAS, the City of La Quinta must submit to the Riverside County
Economic Development Agency project applications; and,
WHEREAS, a public notice was published on November 23, 2011
announcing the availability of funds, requesting proposals, and public hearing dates;
and,
WHEREAS, the merits of all proposals were openly discussed and
considered; and,
WHEREAS, by a majority vote of the City Council of the City of La
Quinta, California, the following proposal(s), or reprogramming(s), were selected:
PROJECT NAME SPONSOR AMOUNT
Public Facility Improvements
along Calle Sinaloa, between City of La Quinta $145,000
Eisenhower Drive and Desert
Club Drive
2. Fee Waiver/Reduction Program Boys & Girls Club $ 30,000
La Quinta Unit
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta as follows:
1. That the City of La Quinta does hereby select the above -named project(s) or
reprogramming(s), for the use of Community Development Block Grant funds.
2. That the City Council hereby directs the City Manager to prepare and submit the
designated applications to the Riverside County Economic Development Agency
in a timely fashion proposing the named activities and use of funds.
4 195
City Council Resolution No. 2011-
Community Development Block Grant
Adopted: December 6, 2011
Page 2
3. If there is a shortfall in funding, the City Council directs the City Manager to
request the County to increase the City's public service cap in order to fully
fund public service approved applications.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council, held on this 6`n day of December, 2011, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor,
City of La Quinta, California
ATTEST:
Veronica Montecino, CMC. City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
.N 196
ATTACHMENT 1
Area of Proposed Improvement
City of La Quinta: RDA Project Area 1
N 197