2012 03 06 CCCity 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
Regular Meeting
TUESDAY, MARCH 6, 2012 at 4:00 P.M.
Beginning Resolution No. 2012-004
Beginning Ordinance No. 496
CALL TO ORDER
Roll Call:
Council Members: Evans, Franklin, Henderson, Osborne and Mayor Adolph
PLEDGE OF ALLEGIANCE
CLOSED SESSION — NONE
PUBLIC COMMENT
At this time members of the public may address the City Council on any matter not listed
on the agenda. Please complete a "request to speak" form and limit your comments to
three minutes.
CONFIRMATION OF AGENDA
PRESENTATIONS
1. PRESENTATION OF A RESOLUTION FROM THE COACHELLA VALLEY
MOUNTAINS CONSERVANCY HONORING STANLEY SNIFF
2. PRESENTATION OF A PROCLAMATION TO LA QUINTA POLICE CHIEF
RAYMOND GREGORY
CITY COUNCIL AGENDA 1 MARCH 6, 201=. 001
WRITTEN COMMUNICATIONS — NONE
APPROVAL OF MINUTES
1. APPROVAL OF MINUTES OF FEBRUARY 21, 2012
CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.
1. APPROVAL OF DEMAND REGISTER DATED MARCH 6, 2012
2. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT
MAP 32279, PALO VERDE, STANDARD PACIFIC COACHELLA VALLEY
3. DENIAL OF CLAIM FOR DAMAGES FILED BY REX P. LOTH; DATE OF LOSS
JANUARY 5, 2012
4. APPROVAL OF CITY COUNCIL GOALS FOR FISCAL YEAR 2012/2013
BUSINESS SESSION
1. CONSIDERATION OF A COST SHARING AGREEMENT BETWEEN THE CITY
OF LA QUINTA AND THE COACHELLA VALLEY WATER DISTRICT FOR
DESIGN OF THE RECONSTRUCTION OF THE COACHELLA CANAL, A
REGIONAL WATER CONVEYANCE SYSTEM WITHIN THE SILVERROCK
PROPERTY, AND APPROPRIATION OF FUNDING FOR THE AGREEMENT
FROM THE QUIMBY FUND
2. CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF LA QUINTA AND THE COUNTY OF RIVERSIDE REGARDING
THE POTENTIAL WIDENING OF FRED WARING DRIVE, BETWEEN ADAMS
STREET AND PORT MARIA ROAD
3. CONSIDERATION OF FORMATION AND APPOINTMENT OF TWO MEMBERS
TO AN AD HOC COMMITTEE TO REVIEW GRANT REQUESTS
4. CONSIDERATION OF THE SELECTION OF TWO COUNCIL MEMBERS FOR
THE AD HOC BUDGET SUBCOMMITTEE.
002
CITY COUNCIL AGENDA 2 MARCH 6, 2012
STUDY SESSION
1. DISCUSSION OF MANAGEMENT ALTERNATIVES FOR THE UNDEVELOPED
PROPERTY AT SILVERROCK RESORT
REPORTS AND INFORMATIONAL ITEMS
1. ANIMAL CAMPUS COMMISSION (FRANKLIN)
2. CITY COUNCIL AD HOC COMMITTEE REPORTS
3. CVAG COMMITTEE REPORTS
4. CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (FRANKLIN)
5. C.V. CONSERVATION COMMISSION (EVANS)
6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT Cox)
7. C.V. MOUNTAINS CONSERVANCY (FRANKLIN)
8. CVWD JOINT WATER POLICY COMMITTEE (ADOLPH)
9. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (OSBORNE)
10. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN)
11. LEAGUE OF CALIFORNIA CITIES (HENDERSON)
12. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS
AUTHORITY (EVANS)
13. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (ROBERT TEAL)
14. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (DIANE GUNN)
15. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON)
16. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH)
17. INVESTMENT ADVISORY BOARD MINUTES OF JANUARY 11, 2012
DEPARTMENT REPORTS
1. CITY MANAGER
A. LA QUINTA CHAMBER OF COMMERCE QUARTERLY REPORT AND
ANNUAL FACILITIES REPORT
2. CITY ATTORNEY
3. CITY CLERK - NONE
4. BUILDING & SAFETY DEPARTMENT REPORT - NONE
5. COMMUNITY SERVICES DEPARTMENT REPORT
A. LA QUINTA LIBRARY AND MUSEUM QUARTERLY
OCTOBER THROUGH DECEMBER 2011
6. FINANCE DEPARTMENT REPORT - NONE
7. PLANNING DEPARTMENT REPORT
A. INDIO POLO FIELDS GOLDENVOICE CONCERTS UPDATE
B. GENERAL PLAN MONTHLY UPDATE
8. PUBLIC WORKS DEPARTMENT REPORT - NONE
9. POLICE DEPARTMENT REPORT - NONE
10. FIRE DEPARTMENT QUARTERLY REPORT - NONE
REPORT FOR
003
CITY COUNCIL AGENDA 3 MARCH 6, 2012
MAYOR'S AND COUNCIL MEMBERS' ITEMS — NONE
NO PUBLIC HEARINGS ARE SCHEDULED, THEREFORE, THE CITY COUNCIL
WILL ADJOURN AND NOT RECONVENE AT 7:00 P.M. UNLESS THERE ARE
ITEMS FROM THE AFTERNOON SESSION THAT HAVE NOT BEEN
CONSIDERED
PUBLIC HEARINGS — NONE
ADJOURNMENT
The next regular meeting of the City Council will be held on March 20, 2012
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, Susan Maysels, Interim City Clerk of the City of La Quinta, do hereby declare
that the foregoing agenda for the La Quinta City Council meeting 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 March
2, 2012.
DATED: March 2, 2012
SUSAN MAYSELS, Interim City Clerk
City of La Quinta, California
Public Notices
• The La Quinta City Council Chamber is handicapped accessible. If special
equipment is needed for the hearing impaired, please call the City Clerk's Office at
777-7103, twenty-four (24) hours in advance of the meeting and accommodations
will be made.
• If special electronic equipment is needed to make presentations to the City Council,
arrangement should be made in advance by contacting the City Clerk's Office at
777-7103. A one (1) week notice is required.
CITY COUNCIL AGENDA 4 MARCH 6, 2012 004
• 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.
005
CITY COUNCIL AGENDA 5 MARCH 6, 2012
cejht 4 4 a"
COUNCIL/SA MEETING DATE: March 6, 2012
ITEM TITLE: Approval of Demand Register Dated
March 6, 2012
RECOMMENDATION:
Approve Demand Register Dated March 6, 2012
BACKGROUND AND OVERVIEW:
Prepaid Warrants:
95003 — 95043 }
950441
95045 — 95061 }
Voids }
Wire Tranfers }
P/R 36577 — 36587 }
P/R Tax Transfers }
Payable Warrants:
95062 — 95145 }
FISCAL IMPLICATIONS:
AGENDA CATEGORY:
BUSINESS SESSION: _
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
$71,606.46
$150.36
$14,153.47
$0.00
$180,627.08
$193,430.44
$52,902.57
$1,608,413.49
$2,121,283.87
Demand of Cash City $2,089,052.27
Demand of Cash -Successor Agency of RDA $32,231.60
Demand of Cash - HA $0.00
Respectfully submitted,
John M. FalI, Finance Director
11 1 OC6
Approved for submission by:
VLcj--r)o .
Mark Weiss, Interim City Manager
007
CITY OF LA QUINTA
BANK TRANSACTIONS 2/15/12 - 2/28/12
02/17/12 WIRE TRANSFER - ICMA
02/17/12 WIRE TRANSFER - LQCEA
02/21/12 WIRE TRANSFER - LANDMARK
02/22/12 WIRE TRANSFER - TASC
02/24/12 WIRE TRANSFER - PERS
TOTAL WIRE TRANSFER OUT
$14,836.33
$142.50
$110,953.82
$1,332.60
$53,361.83
$180,627.08-
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TuN °% 4a"
COUNCIL/SA MEETING DATE: March 6, 2012
ITEM TITLE: Acceptance of On -Site Improvements
Associated with Tract Map No. 32279, Palo Verde,
Standard Pacific Coachella Valley
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: _
CONSENT CALENDAR: 21-
11t11 Wj&11 1-3 [#1M
PUBLIC HEARING: '
Accept on -site improvements associated with Tract Map No. 32279, Palo Verde,
Standard Pacific Coachella Valley and authorize staff to release the performance
security; direct staff to release the labor and materials security ninety (90) days after
City Council acceptance of the improvements.
FISCAL IMPLICATIONS:
None. No public improvements will be accepted with this action.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Tract Map No. 32279, Palo Verde, Standard Pacific Coachella Valley, is located north
of Avenue 58 and approximately half a mile west of Madison Street (Attachment 1).
Since July 6, 2010, the developer has completed the remainder of the on -site
improvements, which include the two landscaped roundabouts, and sewer and water
improvements for the Coachella Valley Water District.(CVWD). All obligations of the
Subdivision Improvement Agreement (SIA) for the on -site improvements have been
satisfied.
025
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
Accept the on -site improvements associated with Tract Map No. 32279, Palo
Verde, Standard Pacific Coachella Valley and authorize staff to release the
performance security; direct staff to release the labor and materials security
ninety (90) days after City Council acceptance of the improvements; or
2. Do not accept the on -site improvements associated with Tract Map No. 32279,
Palo Verde, Standard Pacific Coachella Valley 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,
imothtRc'na on, P.E.
Public Director/City Engineer
Approved for submission by:
Mark Weiss, Interim City Manager
Attachment: 1 . Vicinity Map
ATTACHMENT 1
vI
TM 32279 PALO VERDE
Andrews
'JJ ' Shinnecock
£ p V) Hts.
N T
J J O p
5 � o
t0.5 MILES . _ ~
Avenue 58
[NITY MA
NOT TO SCALE
027
�T
04 � a�w
OF
COUNCIL/SA MEETING DATE: March 6, 2012 AGENDA CATEGORY:
BUSINESS SESSION:
ITEM TITLE: Denial of Claim for Damages Filed by: Rex P. CONSENT CALENDAR: 3
Loth; Date of Loss - January 5, 2012
1.11111]&Y*XYLei a,
PUBLIC HEARING:
RECOMMENDATION:
Deny the Claim for Damages filed by Rex P. Loth; Date of Loss - January 5, 2012.
FISCAL IMPLICATIONS:
The amount of the claim was in excess of $10,000, to be determined.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
A claim was filed by Rex P. Loth with a reported date of loss of January 5, 2012
(Attachment 1). It was forwarded to Carl Warren & Co., the City's claims
administrator. Carl Warren & Co. has reviewed the matter and recommends that the
City Council deny the claim.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Deny the Claim for Damages filed by Rex P. Loth with a reported date of loss of
January 5, 2012; or
,,,a 028
2. Accept the claim, or some portion thereof; or
3. Provide staff with alternative direction.
Respectfully submitted,
Terry L. Deeringer, Human Resources/
General Services Manager
Approved for submission by:
Mark Weiss, Interim City Manager
Attachment: 1. Rex P. Loth, Claim for Damages
to 029
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4
MICHAEL A. GULLA SBN 80133
Attorney at Law
71-650 Sahara Road, Suite 2
Rancho Mirage, CA 92270
Tel. 760-773-2849
Fax 760-773-0849
Attorney for Claimants, REX PAUL LOTH
In Re The Claim of
REX PAUL LOTH, )
Claimant, )
)
V8. )
)
CITY OF LA QUINTA, AND DOES 1-100,
INCLUSIVE. )
Respondents. )
)
)
)
RECL`I`��u
Zp72 FEB � �� 1� 35
cl�rY o� Lr,k,l,ICE
ATTACHM
PUBLIC ENTITY CLAIM
PURSUANT TO GOVERNMENT
CODE, SECTION 910, ET SEQ.
To: Respondents, CITY OF LA QUINTA, AND DOES 1-100, INCLUSIVE
(a) The name and post office address of the claimant;
REX PAUL LOTH
78150 Calle Tampico
La Quinta, CA 92253
(b) The post office address to which the person presenting the claim desires notices to
be sent:
REX PAUL LOTH
C/O MICHAEL A. GULLA
Attorney at Law
71-650 Sahara Road, Suite 2
Rancho Mirage, CA 92270
i
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(C) The date, place and other circumstances of the occurrence or transaction which gave rise
to the claim asserted:
On or about January 5, 2012, at approximately 9:30 pm Claimant was jogging on Auto
Center Drive on the sidewalk at the turnaround when he tripped over a large metal object
protruding on the sidewalk which appeared to possibly be the remains of an old bike rack.
which constituted a dangerous condition
(c) A general description of the indebtedness, obligation, injury, damage or loss incurred
so far as it may be known at the time of presentation of the claim:
As a result of the fall, Plaintiff suffered severe and debilitating personal injuries and
damages, including, pain and suffering, loss of earnings, past present and future, and
medical expenses to treat said condition, past, present, and future.
(d) The name or names of the public employee or employees causing injury, damage, or
Loss, if known:
Unknown
(e) The amount claimed if it totals less than ten thousand dollars($10, 000.00) as of the
date of presentation of the claim, including the estimated amount of any prospective
injury, damage, or loss, insofar as it may be known at the time of the presentation of
the claim, together with the basis of computation of the amount claimed. if the amount
claimed exceeds ten thousand dollars ($10,000.00), no dollar amount shall be included
in the claim. However, it shall indicate whether the claim would be a limited civil case:
Amount claimed exceeds ten thousand dollars ($10,000.00). This is not a limited civil
case. It is an unlimited civil case.
Dated: 2/6/12
2
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2¢
MICHAEL A. GULLA, ESQ., ATTOP
FOR CLAIMANT, Rex PAUL LOTH
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PROOF OF SERVICE BY MAIL-1013a, 2015.5 C.C.P.
I am employed in the County of Riverside, State of California. I am over the age of eighteen
years and not a party to the within entitled action. My business address is MICHAEL A.
GULLA Attorney at Law 71-650 Sahara Road, Suite 2, Rancho Mirage, California. 92270.
I am readily familiar with this firm's business practice for the collection and processing of
correspondence for mailing with the United States Postal Service. Correspondence so collected
and processed is deposited with the United States Postal Service that same day with postage
thereon fully prepaid at Rancho Mirage, California, in the ordinary course of business.
On February 6, 2012 , at my place of business at 71-650
Sahara Road, Suite 2, Rancho Mirage, CA 92270 I placed for deposit in the United States
Postal Service in a sealed envelope, the enclosed PUBLIC ENTITY CLAIM PURSUANT TO
GOVERNMENT CODE, SECTION 910, ET SEQ. with postage fully prepaid addressed to:
'ERONICA MONTECINO, CITY CLERK
'ITY OF LA QUINTA
.O. BOX 1504
,A QUINTA, CA 92247
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct. Executed at Rancho Mirage, California, on:
February 6, 2012
(Date)
033
Tedf 4 4 a"
COUNCIL/SA MEETING DATE: March 6, 2012
ITEM TITLE: Approval of City Council Goals for Fiscal
Year 2012/2013
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 1
STUDY SESSION:
UIVI CI1:1 all1110ff
Approve the City Council goals for Fiscal Year 2012/2013.
FISCAL IMPLICATIONS:
No direct fiscal implications will result from this item.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The City Council conducted a study session on February 21, 2012, to discuss the
Fiscal Year 2012/2013 City Council Goals. Fiscal Year 2012/2013 City Council Goals
are included as Attachment 1, and minutes from the meeting are' included as
Attachment 2. Based on the feedback and direction provided by the City Council at
this meeting, staff has revised the goals, which added Reviewing City Signage
Ordinances to the tasks under the Foster Economic Development goal. Staff opted not
to add the Ad Hoc Budget Sub -committee to the Fiscal Year 2012/2013 goals list in
that this task will be completed in this fiscal year.
If approved by the City Council, the goals will be included into the corresponding
documents of the Strategic Planning Process (i.e. Resource Allocation Plan, Economic
N " 034
Development Plan, Marketing Plan, Capital Improvement Plan, and Annual Budget) for
Fiscal Year 2012/2013.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the City Council Goals for Fiscal Year 2012/2013; or
2. Do not approve the City Council Goals for Fiscal Year 2012/2013; or
3. Provide staff with alternative direction.
Respectfully submitted,
Oscar SantaWlManagement Analyst
Approved for submission by:
Mark Weiss, Interim City Manager
Attachments: 1. Fiscal Year 2012/2013 City Council Goals
2. Minutes of the February 21, 2012 City Council Meeting
40 035
Attachment 1
FISCAL YEAR 2012/2013 GOALS
cQ Maintain a fiscally sound and sustainable city government.
o Develop revenue sources (fees, grants, economic development, and enforcement)
o Identify cost reduction options within each department
o Act as "Successor Agency to the La Quinta Redevelopment Agency" to Facilitate Closing of the La
Quinta Redevelopment Agency; facilitate meetings and provide staffing for Oversight Board;
prepare Recognized Obligation Payment Schedules and Administrative Budgets for Oversight
Board approval every 6 months (July -Dec 2012 and Jan -June 2013); and manage required
transactions and activities as directed by the Oversight Board
cQ Provide effective and sustainable public safety.
o Ensure that there are appropriate staff levels for police and fire and review the deployment of
staff.
o Facilitate efforts towards crime prevention education on a larger scale.
o Enhance participation and recruitment of police volunteers.
o Pursue youth education at local schools with the focus being to create and maintain positive
relationships between law enforcement and youth.
o Update police website to include zone policing officers, areas of responsibility, and means of
contact.
o Maintain Effective Fire and Public Safety Response capabilities.
o Evaluate needs for additional Fire Stations and/or staffing.
o Maintain an effective and proactive Life Safety Inspection program.
o Maintain the capability for Fire Department staff to perform . reviews relevant to Fire
Codes/Ordinances.
o Maintain fiscal ability to fund Life Safety Inspection programs.
cQ Foster economic development.
o Update the La Quinta General Plan and Zoning Code Element to include key policies that promote
and encourage economic development consistent with the City's Economic Development Plan.
o Work closely with ownership of the La Quinta Resort hotels to explore opportunities for the Resort
to remain competitive at a local, regional, national and even international level while also
retaining its highly regarded reputation.
o Solicit tenants for vacant "anchor tenants" spaces (i.e. Circuit City and Sam's Club buildings).
o Study Industry Trends to Sustain a Strong Position in the Market: Complete Trends Study efforts
(finish interviews, summary report); incorporate findings into Economic Development Plan;
Prepare implementation strategy for areas of opportunity.
,.,a .. 036
o Encourage Tourism and "Shop Local' to Increase Tax Revenues; market La Quinta as a premier
tourist destination; sell La Quinta locally and throughout Coachella Valley; use both traditional
advertising and social media; promote and support local events.
o Support Business Retention and Attraction for a Healthy Local Economy; work with
brokers/property owners to fill vacant "anchor tenants" spaces; personally visit new and existing
La Quinta businesses; and provide joint marketing opportunities and advertising support.
o Develop SilverRock Resort (SRR) as an Economic Development Project; revive SilverRock; and
resume efforts to solicit hotel/hospitality development.
o Review City Signage Ordinances.
ca Improve the quality of life in our community for the benefit of all residents and visitors.
o Integrate Healthy Community goals into the General Plan and .continue to maintain a vibrant
active City with well -maintained parks, trails and open space.
o Integrate the Green and Sustainable La Quinta Program into the General Plan by creating and
maintaining a healthier and more sustainable community in which to live, work, and play.
o Enhance active living opportunities in La Quinta.
o Continue to support large-scale community events such as the Humana Challenge and La Quinta
Arts Festival.
o Provide affordable housing opportunities via the La Quinta Housing Authority (as "Housing
Successor" to the La Quinta Redevelopment Agency). Activities will include managing Housing
Authority -owned properties (Cove rental homes and Washington Street Apartments): monitor
existing affordable housing throughout the City; facilitate development of the Coral Mountain
project; and proceed with Washington Street rehabilitation should funds be available.
o Facilitate the General Election.
c�R Manage effectively the City's infrastructure and facilities.
o Update 5-year Pavement Management Plan (PMP) to identify streets requiring reconstruction and
other rehabilitation measures.
o Consider Americans with Disabilities (ADA) retrofits to existing City buildings and facilities based
on the ADA transition Plan prepared in 2011. Future project funding will depend on Development
Impact Fee, Gas Tax, and grant revenues.
o Work with Coachella Valley Water District to determine options for repairing or relocating the
canal currently running through SRR.
03-1
Attachment 2
STUDY SESSION
DISCUSSION OF CITY COUNCIL GOALS FOR FISCAL YEARS 2011/2012 AND
2012/2013
Management Analyst Oscar Santana presented the staff report.
Council Member Henderson stated that she appreciated the abbreviated list of
goals, agreed that they were the big, important items, and would not be adding any
more to the list.
Council Member Osborne requested that three items be added to Council goals: (1)
Preparation of a new economic development plan, (2) formation of a temporary ad
hoc budget subcommittee consisting of two Council Members, and (3) review of
signage laws for small businesses.
Council Members Osborne and Evans explained that an ad hoc budget
subcommittee is desirable due to the upcoming changeover of top management
staff. It will be useful to have two Council Members fully versed in the details of
next year's 600 to 700-page budget when a new City Manager and new Finance
Director are getting up to speed. Ms. Evans stated that the subcommittee
meetings would be question & answer sessions with staff for clarity and
understanding rather than reworking department budgets. Mr. Osborne said that
his goal for the subcommittee could be accomplished in two meetings.
Council Member Franklin stated that she supported the preparation of a new
economic development plan and a review of signage laws for all businesses, not
just village businesses.
The Council reached a consensus to form an ad hoc budget subcommittee to be
formed at the next Council meeting.
Interim City Manager Mark Weiss stated that the Council goals and objectives
would be amended to add an ad hoc budget subcommittee, and a review of
signage.
CITY COUNCIL MINUTES 1 FEBRUARY 21, 2012 0 038
ceitit 4 4 a"
COUNCIL/SA MEETING DATE: March 6, 2012
ITEM TITLE: Consideration of a Cost Sharing
Agreement Between the City of La Quinta and the
Coachella Valley Water District for the Design of the
Reconstruction of the Coachella Canal, a Regional
Water Conveyance System, within the SilverRock
Property and Appropriate Funding for the Agreement
from the Quimby Fund
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: I
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve a cost sharing agreement with the Coachella Valley Water District (CVWD)
for the design of the reconstruction of the Coachella Canal within the SilverRock
Resort Property, and authorize the Interim City Manager to execute the agreement
subject to minor revisions by the City Attorney, appropriate funds for this project in
the amount of $200,000 from the Quimby Fund and make the following findings
relating thereto:
(a) The use of Quimby Funds to fund the proposed contract will assist in the
rehabilitation and enhancement of the SilverRock Resort recreational
facilities and the future 40-acre park site on the southwest corner of
Avenue 52 and Jefferson Street;
(b) The future residents of the subdivision that provided the funding that will
be used for the proposed expenditure (Tract 32070 Watermark Villas LLC)
who will directly and indirectly benefit by the proposed enhancement and
rehabilitation of these facilities.
(c) There is a reasonable relationship between the need created by the
development of the above referenced subdivision and the proposed
enhancement and rehabilitation of these facilities.
FISCAL IMPLICATIONS:
This improvement was originally contained in the SilverRock Infrastructure budget
of which $10.9 million was budgeted from RDA PA 1 for this project. Since then,
some of the amount on deposit was expended for other PA 1 capital costs, and the
p.: 039
amount remaining is $9.1 million. However, with the uncertainty of whether or not
the City will ultimately be able to use these funds, other sources of funds may need
to be identified should the City Council decide to go forward with a future
construction project. This agreement, which is only for the design of either a pipe
along Jefferson Street and Avenue 54 or a new canal parallel to the existing one, is
recommended to be funded using $200,000 from the City's Quimby Account. The
justification for the use of Quimby funds for the subject design work is set forth
below.
The current preliminary construction estimate for undergrounding the canal in a
pipeline in the Jefferson Street and Avenue 54 parkways (i.e., the Jefferson Street
Alignment) is $8.7 million (See Attachment 1). Although not required, relocating
the CVWD L4 lift station from behind the number 10 tee (and by doing so removing
the need for the east west portion of the canal) to just west of Jefferson Street
would add an estimated $1.6 million in construction. Backfilling the existing canal
and restoring the golf course is estimated to cost $1 million, bringing the total
construction cost for this option excluding soft costs and contingency to
approximately $1 1.3 million. However, should SilverRock Way and utilities ever be
extended east to Jefferson Street, the savings on future infrastructure (i.e., culvert
for canal crossing, reduction in bridges to cross canal, etc.) is estimated to be $1.2
million. Staff and Landmark estimate this option would require the back nine holes
of the Palmer Classic Golf Course (referred to now as the "Palmer Course") to be
closed for three to six months while the canal is backfilled and landscaped to match
the golf course resulting in $500,000 to $600,000 in lost revenues. The
undergrounding alternative would also require the City and/or CVWD to acquire and
easement from PGA West in order to tie the pipe back into the canal at the west
end of Avenue 54. Design modifications to hole numbers 10-15 would be required
under this option. The cost for the easement from PGA West and the modification
to the golf course design and construction are unknown at this time.
The current preliminary construction estimate for constructing a parallel canal just
west of the damaged portion of the existing canal is $2.1 million (See Attachment
2). The construction estimate for removing the existing canal and restoring the golf
course within the CVWD right-of-way is approximately $315,000 to $525,000,
bringing the total estimated construction cost, excluding soft costs and
contingency, to approximately $2.4 to $2.6 million. The L4 pump station would
not be relocated under this option. Staff and Landmark estimate the back nine
holes of the Palmer Course would be closed at least six months under this option
resulting in $1.4 million in lost revenue. With the new canal west of its current
location, staff and Landmark believe hole numbers 10, 12 and 15 would require
redesign and hole numbers 11, 13 and 14 may require design modification once the
new canal was constructed. The cost for the redesign and installation of these
improvements is unknown at this time.
In prior negotiations, CVWD committed to no more than $3 million toward the
design and construction of either option listed above. The golf course was
constructed, with CVWD's consent, within CVWD's canal easement. However, the
». 040
portion of the golf course within the easement area is subject to being disrupted
and damages by CVWD's use of it its easement area. CVWD is not required to
restore the portion of the golf course that was built within its right-of-way.
Therefore, provided that its construction activities are within its easement area,
CVWD will not participate in the cost of restoring the golf course or in lost
revenues to the City if the back nine holes are closed during construction of either
option. Staff anticipates the City would need to consult with and possibly hire
Arnold Palmer Design Company (Palmer Design) and other consultants for the golf
course modifications that would be necessitated by either the canal relocation or
pipe alternatives.
BACKGROUND AND OVERVIEW:
CVWD completed a preliminary study of the canal on April, 2009, which
determined the canal has dropped by approximately two to three feet from
approximately 1,600 feet north of Avenue 54 to the mid -valley area in Indio.
The canal study determined the subsidence starts at SilverRock Resort near the
number 10 green of the golf course with a high spot near the rock outcropping
behind the number 16 tee box that restricts southerly canal flow. To the south of
the outcropping it is believed the canal is built over rock, so it has not subsided.
This high spot restricts flow by nearly 250 CFS (approximately half of capacity)
slowing water deliveries to farmers and to CVWD's Dike 4 recharge facility.
The Coachella Canal is part of a complex regional water conveyance and delivery
system that conveys Colorado River water to the Coachella Valley. Its water
delivery system provides non -potable water for urban and agricultural purposes. In
addition it delivers water to the Dike 4 Recharge Facility for the purposes of ground
water recharge to mitigate subsidence as well as to store water for future urban
uses.
Through discussion between CVWD and staff, staff believes there to be two
alternatives for reconstructing the canal that should be considered. The first would
construct an underground pipe in the Jefferson Street and Avenue 54 parkways.
This option provides the greatest flexibility in the eventual build out of the
remaining recreational amenities at SilverRock since it maximizes the unencumbered
area in the center of the site. The second option would involve CVWD's
construction of a new canal parallel to the existing canal between the mountain and
the existing canal. While less expensive to construct, this option would
significantly disrupt the golf course for 3-6 months and leave the site bisected by
the canal limiting future uses of the site. It would also leave the canal adjacent to
the 40-acre park.
In evaluating the two alternatives and in the environmental process, project benefits
will be fully evaluated. Some of the issues that will be addressed for each
alternative will include canal/pipeline capacity, protection from future subsidence,
water evaporation, operational costs, age of associated facilities, and safety. In
=.p.� 041
addition, the proposed improvements will evaluate removing the east/west section
of the canal and the L4 pump station adjacent to the number 10 tee. Attachment 3
is a cost sharing agreement which covers the preliminary engineering,
environmental review, final construction plans for one of the options and engineer's
estimates for each of the alignments as well as the pump station relocation. The
agreement obligates the City and CVWD to a maximum of $200,000 each for this
effort. The, goal of this agreement is to fund the preparation of the design to 75%
and then determine construction costs for either alternative. The matter will be
brought back to the City Council for consideration after the two options are priced
based upon the 75% design. Staff anticipates a construction cost sharing
agreement would be brought to the City Council and CVWD's Board for
consideration if the City Council approved the pipeline alternative.
CVWD has indicated they plan to start work on either alternative no later than the
summer of 2013 in order to insure delivery obligations are met to their downstream
customers. With the downturn in the construction industry since 2008, staff
believes construction of the pipe alternative may be considerably less than currently
estimated and would enhance the Palmer Course while providing the maximum
flexibility in the future development of SilverRock Resort. The attached letter from
Palmer Design (Attachment 4) indicates that leaving the canal in place is not ideal
and compromises "circulation, functionality and the strategic merits of the golf
holes". Palmer Design believes the relocation of the canal into a pipeline along
Jefferson to be in the best interest of the golf course. Since this agreement
commits the City only to the design of either alternative and would provide detailed
cost estimates based on actual construction plans, staff believes approval of this
agreement could provide critical information that should be considered before the
canal is made a permanent part of SilverRock Resort.
La Quinta is nationally recognized as the golf capital of the western United States.
Much of the development that occurred since the mid 1990's included private golf
courses or touted the proximity of golf courses as part of the amenities available to
new residents. The huge increase in housing during this time frame created a
shortage of municipal golf courses and park facilities in the southern half of the
City. SilverRock Resort was constructed in part to offset this shortage as the
master plan includes two golf courses and a 40-acre park site at the south west
corner of Avenue 52 and Jefferson Street. The Quimby funding proposed to fund
this contract is from the Watermark Villa's LLC project, Tract 32070, which is
directly across the street from SilverRock Resort and the 40-acre park. The
existing canal alignment going from east to west is adjacent to the southerly
boarder of this park site. From there the canal runs along the southerly border of
the driving range and then bisects the back nine holes of the Palmer Course. Per the
Municipal Code Quimby fees are designated for the development of new, or
rehabilitation or enhancement of existing, community parks or recreational facilities.
Staff believes improvements to the canal and/or the removal of the canal would
benefit both the golf course and park facilities and therefore recommends the canal
study and a portion of the canal relocation (if selected after the study is prepared)
be paid for through the City's Quimby fund. Further, staff believes that the future
,,N... 042
residents of the subdivision which contributed the subject Quimby funds,
Watermark Villa's LLC Tract 32070, will be benefited directly and indirectly by the
close proximity of the park site and golf course as the future residents of this
development will be within walking distance or golf cart distance of both
recreational facilities. The removal of the canal will directly benefit these residents
as well as other area residentswho wish to use the multi -purpose trail that is
currently bisected by the canal near Avenue 53.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve a cost sharing agreement with the Coachella Valley Water District
(CVWD) for the design of the reconstruction of the Coachella Canal within the
SilverRock Resort Property, and authorize the Interim City Manager to execute the
agreement subject to minor revisions by the City Attorney, and appropriate funds
for this project in the amount of $200,000 from the Quimby Fund and make the
following findings relating thereto:
(a) The use of Quimby Funds to fund the proposed contract will assist in the
rehabilitation and enhancement of the SilverRock Resort recreational
facilities and the future 40-acre park site on the southwest corner of
Avenue 52 and Jefferson Street;
(b) The future residents of the subdivision that provided the funding that will
be used for the proposed expenditure (Watermark Villa's LLC tract
32070) will be directly and indirectly benefit by the proposed
enhancement and rehabilitation of these facilities;
(c) There is a reasonable relationship between the need created by the
development of the above referenced subdivision and the proposed
enhancement and rehabilitation of these facilities; or
2. Do not approve a cost sharing agreement with the Coachella Valley Water
District (CVWD) for the design of the reconstruction of the Coachella Canal
within the SilverRock Resort Property; or
3. Provide staff with alternative direction.
Respectfully submitted,
imothy R. nasso P.E.
Public Works Director/City Engineer
043
Approved for submission by:
V,L�'.
Mark Weiss, Interim City Manager
Attachments: 1. Coachella Canal Jefferson Street Alignment
2. Coachella Canal Parallel Canal Alignment
3. Agreement with CVWD for SilverRock Canal Relocation
4. Letter from Palmer Design dated February 27, 2012
-.a 044
COACHELLA CANAL
SILVMM RESORT SITE
LEGEND
� ATTACHMENT 1
PIPELINE ALIGNMENT
1.0 C45
COACHELLA CANAL
SILVEROCK RESORT SITE
LEGEND iATTACHMENT 2
046
ATTACHMENT 3
AGREEMENT
THIS AGREEMENT ("Agreement") is made on this day of March, 2012
("Effective Date"), by and between COACHELLA VALLEY WATER DISTRICT, a public
agency of the State of California ("District") and CITY of LA QUINTA, a California municipal
corporation and charter city ("City"). District and City are sometimes referred to herein
individually as a "Party" and collectively as the "Parties."
RECITALS
A. On or about December 21, 1920 the Congress of the United States of America
("United States") approved the "Boulder Canyon Project Act" (45 Star. 1057). Pursuant to the
Boulder Canyon Project Act, the United States constructed the All -American Canal and its
Coachella Branch ("Coachella Canal"). The Coachella Canal is generally that portion of the All -
American Canal from Drop I to Lake Cahuilla. The purpose of the Coachella Canal is to convey
water for urban, agricultural, and ground water recharge purposes.
B. The United States, by and through the Bureau of Reclamation ("USBR"), holds
title to the Coachella Canal and District operates and maintains the Coachella Canal pursuant to
Contract No. Ilr-781 with the United States dated October 13, 1934, as amended and
supplemented.
C. Ground subsidence has occurred throughout the Coachella Valley at least since
the original construction of the Coachella Canal. The Coachella Canal has subsided generally
uniformly with the land except a portion thereof between Mile Post ("MP") 120.3 and the check
drop structure at MP 121.8, which portion is more particularly depicted on Exhibit "A" attached
hereto and by this reference incorporated herein ("Non -Subsided Portion of the Coachella
Canal"). This Non -Subsided Portion of the Coachella Canal is generally located west of
Jefferson Street and extends to a point south of Avenue 54 adjacent to PGA West in the City of
La Quinta.
D. The Non -Subsided Portion of the Coachella Canal results in a hydraulic condition
whereby the original flow capacity has been substantially reduced. In order to increase the flow
capacity within the Non -Subsided Portion of the Coachella Canal, the Parties have determined
that a physical solution must occur, including, but not limited to, the possibility of replacing
and/or relocating all or a portion of the Non -Subsided Portion of the Coachella Canal.
E. District retained the services of GEI Consultants, Inc. ("GEI"), to evaluate the
subsidence of the Coachella Canal generally, and the non -subsidence within the Non -Subsided
Portion of the Coachella Canal and to perform preliminary engineering for four (4) water
conveyance system ("Water Conveyance System") alignment options and six (6)
design/construction options for each alignment. On or about April, 2009 GEI submitted to
District its report entitled, "Evaluation of Subsidence and Canal Replacement Options"
("Report"). A copy of the Report is on file in each of the City's and the District's offices.
F. The implementation of each of the Water Conveyance System alignment options
identified in the Report will require the installation of a new concrete -lined canal and/or new
119/015610-0120
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047
pipelines, and the demolition and removal of certain existing concrete -lined canal, pipelines and
facilities.
G. The Parties have selected two (2) Water Conveyance System alignment options
identified in the Report as the most viable (each, a "Design Alternative") for further design. The
options selected for further design and costs analysis are generally described as the "Parallel
Canal" and the "Jefferson Street Alignment." Those two options are referred to hereinafter as
the "Project Alternatives" and are described further in Exhibit `B". The Parties now wish to
provide for (i) the District's retention of an engineering firm to. complete the design plans and
construction cost estimates for the Project Alternatives; (ii) the District's retention of a
construction management firm, which firm shall be approved by the City's Public Works
Director, to prepare a second opinion regarding the construction costs for the Project
Alternatives, (iii) preliminary California Environmental Quality Act ("CEQA") and National
Environmental Protection Act ("NEPA") compliance studies, and (iv) the Parties' respective
payment obligations for the costs set forth in the foregoing clauses (i) through (iii).
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS,
WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE, AND FOR OTHER
VALUABLE CONSIDERATION, THE SUFFICIENCY OF WHICH IS HEREBY
ACKNOWLEDGED BY THE PARTIES, THE PARTIES AGREE AS FOLLOWS:
1. Preparation of Design Plans and Engineerine Cost Estimates. Within thirty (30)
days after the Effective Date, District shall use commercially reasonable efforts to retain an
engineering firm ("District's Engineering Consultant") to complete design plans ("Design Plans")
for each of the Project Alternatives to approximately seventy-five percent (75%) completion
("75% Complete") and to prepare construction cost estimates for the anticipated cost of
constructing each of the Project Alternatives ("Cost Estimates") based upon the 75% Complete
Design Plans. Within sixty (60) days after the Effective Date, the District shall retain a
construction management firm, which firm shall be subject to the written approval by the City's
Public Works Director, to prepare a second, independent opinion regarding the Cost Estimates for
each of the Project Alternatives based upon the 75% Complete Design Plans. Once a Project
Alternative is selected, the District's Engineering Consultant shall complete the Design Plans for
such Project Alternative to one hundred percent ("100% Completion") so that the selected Project
Alternative is ready to bid.
2. CEQA & NEPA Compliance. District shall act as lead agency with respect to
compliance with CEQA and NEPA and all other applicable state and federal environmental laws
and all requirements of the Federal Endangered Species Act and the California Endangered Species
Act arising out of or in connection with the Project Alternatives for compliance with all conditions
and mitigation measures which must be satisfied in connection with the same (collectively,
"Environmental Compliance"). Environmental Compliance shall include compliance with federal
and state laws, rules and regulations regarding Native American remains and cultural resources.
District shall prepare, or cause to be prepared, all instruments, documents, reports and other like or
kind writings required to be prepared and/or filed by CEQA and NEPA. City hereby agrees to
cooperate with the District in a timely manner with respect to District's Environmental
Compliance. To the extent commercially reasonable, District shall complete its Environmental
Compliance concurrently with the preparation of the Design Plans.
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a 048
3. Meet and Confer. The Costs Estimates from both the engineering firm and
construction management firm shall be provided promptly to the City upon completion. After both
Costs Estimates are completed and provided to the City, the Parties shall meet and confer for a
period not to exceed thirty (30) days, during which the Parties shall determine if they jointly wish
to pursue the construction of the Jefferson Street Alignment Alternative. The Parties understand
that the District will not likely pursue that Project Alternative unless the Parties are able to reach a
mutually agreeable cost sharing contract. This Agreement is not intended to require the Parties to
enter into any further agreements relating to this matter. Instead, the purpose of this Agreement is
to provide cost information necessary for the Parties to determine the feasibility of the Jefferson
Street Alignment Alternative. A contract will not exist, and there shall be no obligation on the part
of either Party to enter such a contract, with respect to the construction of any Project Alternative
unless and until the Parties have executed an agreement approved by their respective legislative
bodies regarding the construction of the Project Alternative and containing all essential terms,
including the cost allocation for construction costs.
In the event the Parties agree to the Project Alternative, in writing, District is
authorized to cause the District's Engineering Consultant to complete the Design Plans for such
Project Alternative to one hundred percent ("100% Completion") so that the selected Project
Alternative is ready to bid.
4. Cost Allocation.
a. The costs and expenses to undertake any and all pre -construction work
whether or not set forth in this Agreement (collectively, the "Pre -Construction Work") shall be
home fifty percent (50%) by District and fifty percent (50%) by City. As used in this subsection,
the term "costs and expenses" shall only include the costs and expenses to perform the Pre -
Construction Work, as follows:
Costs incurred by District for the preliminary engineering as
described in Recital E;
ii. The costs to conduct preliminary Environmental Compliance studies
for the Project Alternatives;
iii. The costs for the preparation of the 75% Design Plans for the
Project Alternatives and associated Cost Estimates; and
iv. The costs for the preparation of the Design Plans to 100%
Completion for the preferred alternative.
b. The costs and expenses for items 4.a.i-iv are projected not to exceed
$400,000 ("Current Estimate"). Therefore, the maximum costs and expenses projected to be borne
by the District and the City are $200,000, respectively. If it appears that the Current Estimate for
items 4.a.i-iv will be exceeded, or costs not covered by items 4.a.i-iv are identified, the District and
City will meet and confer and discuss how the additional costs will be shared. However, the City
shall not have any obligation to make any payment beyond the $200,000 unless an amendment to
this Agreement is approved by the City Council, which amendment expressly increases the amount
to be paid by the City under this Agreement to more than $200,000.
119/015610-0120
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049
Notwithstanding anything herein to the contrary, each Party shall be responsible for its own staff
and overhead costs and expenses, and such costs and expenses shall not be deemed Pre -
Construction Work.
C. District may obtain a disbursement from the City pursuant to the following
process: From time to time, but not more than once per month, District shall provide to City a
written disbursement request in substantially the same form attached hereto as Exhibit "C" setting
forth City's proportionate share of certain Pre -Construction Work. Said request shall show all Pre -
Construction Work that District has funded with such disbursement, itemized in such detail as the
City may reasonably require, accompanied in each case by invoices reasonably satisfactory to the
City. Within twenty-one (21) days after the City's receipt of a disbursement request, the City shall
disburse the City's proportionate share to the District.
d. The District agrees to maintain all records relating to the Pre -Construction
Work for no less than three (3) years following the completion of the work covered by this
Agreement. The District agrees to make such records available for review and audit of the City or
its designee, upon thirty (30) business days' written request by the City in accordance with the
notice provisions of this Agreement.
5. Notices. All notices, invoices and payments (collectively, "Notices") provided for
hereunder shall be in writing and (i) mailed (registered or certified, postage prepaid, return receipt
requested), (ii) delivered by reputable overnight or same day courier service that provides a receipt
with the date and time of delivery, or (iii) hand delivered to the Parties at the addresses set forth
below or at such other addresses as shall be designated by such Party and by a written Notice to the
other Party in accordance with the provisions of this section. All such Notices shall, if hand
delivered, or delivered by overnight or same day courier service, be deemed received upon delivery
and, if mailed, be deemed received two (2) business days after such mailing.
To City: Notices Delivered by U.S. Mail:
City of La Quinta
P.O. Box 1504
La Quinta, CA 92247
Attn: City Manager
Notices Delivered Personallv or by Courier:
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Manager
copy to: Rutan & Tucker, LLP
611 Anton Boulevard, Suite 1400
Costa Mesa, CA 92626
Attn: M. Katherine Jenson, Esq.
119/015610-0120
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'.a. 050
To District: Coachella Valley Water District
85-995 Avenue 52
Post Office Box 1058
Coachella, CA 92236
Attn: Steve Robbins, General Manager -Chief
Engineer
copy to: Redwine and Sherrill
1950 Market Street
Riverside, CA 92501
Attn: Gerald D. Shoaf, Esq.
6. Entire Agreement. This instrument, together with the exhibits attached hereto and
other writings referenced herein, contains the entire agreement between the Parties relating to the
subject matter hereof and supersedes any and all prior agreements between the Parties, oral or
written, and any and all amendments thereto. Any oral representations or modifications
concerning this instrument shall be of no force and effect, excepting a subsequent modification in
writing, signed by the Parties to be charged.
7. Attorney's Fees. In the event of any litigation or other action between the Parties
arising out of or relating to this Agreement or the breach thereof, the prevailing Party shall be
entitled, in addition to such other relief as may be granted, to its reasonable costs and attorney's
fees.
8. Governing Law. This Agreement is entered into within the State of California, and
all questions concerning the validity, interpretation and performance of any of its terms or
provisions or any of the rights or obligations of the Parties hereto shall be governed by and
resolved in accordance with the internal laws of the State of California, without regard to conflict
of law principals.
9. Interoretation. The provisions of the Agreement shall be construed as to their fair
meaning, and not for or against any Party based upon any attribution to such Party as the source of
language in question.
10. Time is of Essence. Time is of the essence of this Agreement and each and every
term and provisions thereof.
11. Assienment. Neither District nor City shall, either voluntarily or by action of law,
assign or transfer this Agreement or any obligation, right, title or interest assumed by such Party,
except as otherwise provided herein, without the prior written consent of the other Party. Any
attempted assignment in violation if this provision is void ab initio. Subject to the foregoing, the
provisions of this Agreement shall apply and bind the successors and assigns of the Parties.
12. No Third Party Beneficiaries. Except as specifically set forth herein, this
Agreement shall not be deemed to confer any rights upon any individual or entity which is not a
party hereto (except the USBR) and the Parties expressly disclaim such third party benefit.
119/01561"120
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051
13. Waivers. No delay on the part of any Party hereto in exercising any right, power or
privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any Party
hereto of any right, power or privilege hereunder operate as a waiver of any other right, power or
privilege hereunder, nor shall any single or partial exercise of any right, power or privilege
hereunder, preclude any other or further exercise of any other right, power or privilege hereunder.
14. Authority to Execute. Each individual executing this Agreement hereby represents
and warrants that he or she has the full power and authority to execute this Agreement on behalf of
the named Parties.
15. Counteruarts. This Agreement may be executed in counterparts, each of which
shall be deemed an original, but all of which shall constitute but one instrument.
16. Default Interest. Any payment not paid when due shall bear simple interest equal to
two percent (2%) of the delinquent payment for each month or portion thereof that such payment
remains delinquent.
17. Jurisdiction. The Parties agree that any action or proceeding to enforce or relating
to this Agreement shall be brought exclusively in the Federal or State courts located in Riverside
County, California, and the Parties hereto consent to the exercise of personal jurisdiction over them
by any such courts for purposes of any such action or proceeding.
18. Days. Unless otherwise specified, all references hereunder to "days" shall mean
calendar days.
[End - signatures on next page]
119/015610-0120
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u 052
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date
and year hereinabove written.
"District"
COACHELLA VALLEY WATER
DISTRICT, a public agency of the State of
California
Date: 12012 By.
General Manager -Chief Engineer
ATTEST:
Julia Fernandez
Board Secretary
APPROVED AS TO FORM:
REDWINE & SHERRILL
Bv:
General Counsel
"City„
CITY OF LA QUINTA, a California municipal
corporation and charter city
Date: 2012 By:
Interim City Manager
ATTEST:
Susan Maysels
Interim City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
Bv:
M. Katherine Jenson, City Attorney
119/015610-0120
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COACHELLA CANAL
n oee CAM SECT=
LEGEND 1
aiaa .. cANAL sEcnoN
w_I
G54
EXHIBIT "B"
DESCRIPTION OF THE TWO DESIGN ALTERNATIVES
Description of the proposed future construction project
The proposed future construction project is intended to correct major flow deficiencies associated with the existing
Coachella Canal starting at Mile Post 120.3 and extending south through the PGA West Residential development.
The loss of capacity within the existing open canal is the result of differential settlement between the section of the
canal on the desert floor and the section of the canal that comes into close proximity with the Santa Rosa Mountains
south of Avenue 53 and west of Jefferson Street (the "Non -Subsided Portion"). Due to the grade differences
between its subsided portion and Non -Subsided Portion the canal has lost over 50% of the original capacity that it
was designed to convey.
As a result of work by the District and Agency Staff, two design alternates will be evaluated as a part of this
Agreement to correct the flow capacity issues and are described as follows.
The proposed underground piping option (Jefferson Street Alignment) generally follows Jefferson Street along the
western parkway, starting at the intersection with the Coachella Canal and proceeding south to the intersection of
Avenue 54. North of Avenue 54, the proposed circular pipe, with the final diameter to be determined through the
preliminary design effort described within the agreement, will bend to the west along the north side of Avenue 54.
East of the existing canal, the proposed pipeline will curve southward and connect to the existing canal at a newly
constructed drop structure located at Mile Post 121.8. This option will require the relocation of the existing L-4
Pump station, which is currently located 0.5 mile west of Jefferson Street, to a location closer to Jefferson Street,
which will also be the location of an inlet structure for the open canal to closed conduit system conversion. In
addition to the above mentioned construction, this option will require the relocation and reconnection of four active
irrigation laterals and reconstruction of the drop structure at the lower end to facilitate the lowering of the
conveyance system with a new lower outlet elevation. The existing canal section would be abandoned, and
removed to the extent necessary, and the surrounding area would be re-established to conform to the existing
condition.
The second option (Parallel Canal) would reconstruct an open canal, parallel and west of the existing canal within
the current canal easement right of way. This parallel canal would start approximately a quarter mile south of the L-
4 Pump Station and reconnect to the existing canal section at the drop structure at Miles Post 121.8. The canal
alternative will be designed to accommodate future subsidence by lowering the downstream tie-in at the drop
structure to an elevation lower than required to convey existing design flows. This new canal section would require
reconnection of one irrigation lateral to the proposed canal section, reconstruction of the drop structure to facilitate
the lowering of the outlet elevation, removal and backfill of the concrete canal section and re-establishment of the
surrounding area to the existing condition.
119i01561M120 EXHIBIT "B"
2301648.2-23-12-Redline CV W D & LQ
055
EXHIBIT "C"
FORM OF WRITTEN DISBURSEMENT REQUEST
[to be inserted]
119/015610-0120
2301648-2-2342-Redline CVWD&LQ EXHIBIT"C"
G56
ATTACHMENT 4
DE
U[SIGN G�MPANY
Arnold D Palmer, President
February 27, 2012
Dear Timothy R Jonasson and the City of La Quinta, California,
It has been brought to the attention of the Arnold Palmer Design Company that studies to shift
and/or expand the water canal in its existing alignment or relocate the canal to run North and
South along Jefferson Street are under consideration.
After a brief study of preliminary studies, materials and concepts our initial thoughts are below.
Currently, the existing canal engages the golf course on several holes (10, 11, 12, and 15) by
either running parallel or perpendicular to the hole and line of play. While originally designed in
this configuration, the intrusion of the engineered canal feature is not ideal and ultimately
impacts the natural and artistic aesthetic of the golf course while compromising circulation,
functionality and the strategic merits of the golf holes. For example, the narrow approach to the
15`h green is a direct result of the existing canal alignment. Attempts to widen or shift the canal
alignment will significantly impact this golf hole and others from a safety, aesthetic, playability
and strategic standpoint. While this approach is possible, APDC does not consider this an ideal
option. )
The relocation/realignment of the canal to remove it entirely from the golf course, and potentially
align it to run North/South along Jefferson St., is in the best interest of the golf course. This will
allow the Silver Rock Golf Course to be free from this constraint and allow ownership and
management to rectify some aesthetic, strategic, circulation and functional issues that will, in
turn, greatly improve the overall golf course experience.
The Arnold Palmer Design Company is interested in continuing to work with the City of La
Quinta land the Silver Rock Golf Course to keep the integrity of our Golf Course intact and if
possible, improve upon and strengthens our design should canal work impact the golf course.
� d ,,.)
Brandon A. Johnson
Senior Golf Course Architect
Arnold ,Palmer Design Company
Phone (407) 876-1068 • Fax (407) 876-6283
9000 Bay Hill Blvd. • Suite 300 • Orlando, Florida 32819
P.O. l 52 • Youngstown, Pennsylvania 15696
www.amoldpaimerdesign.com
.qq C57
T-af 4 4& a"
COUNCIL/SA MEETING DATE: March 6, 2012
ITEM TITLE: Consideration of a Memorandum of
Understanding Between the City of La Quinta and the
County of Riverside Regarding the Potential Widening of
Fred Waring Drive, Between Adams Street and Port
Maria Road
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: 21
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve the Memorandum of Understanding (MOU) (Attachment 1) and the Second
Amendment to the License and Indemnity Agreement (Attachment 2) with the County
of Riverside regarding the potential widening of Fred Waring Drive, between Adams
Street and Port Maria Road, subject to any minor revisions approved by the City
Attorney and Interim City Manager, and authorize the Interim City Manager to execute
the same.
FISCAL IMPLICATIONS:
The County of Riverside and the Coachella Valley Association of Governments (CVAG)
will pay for 100% of the improvements.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On April 15, 2008, the County of Riverside came before the City Council to discuss
interim improvements and alternatives for ultimate widening of Fred Waring Drive
between Adams Street and Port Maria Road. The County presented three
alternatives and City staff presented possible concerns with the designs, including the
following:
058
• Safety of passing motorists in the westbound lanes as residents from Bermuda
Dunes Country Club back onto Fred Waring Drive from their driveways.
• How left turns will be accommodated at Adams Street and Dune Palms Road.
• Restricted turning movements at La Quinta Palms.
• Indemnity from the County for proposing a non-standard roadway design.
• The absence of a bike lane on the north side of Fred Waring Drive.
• Noise impacts to residents on the south side of Fred Waring Drive if centerline
and the south side curb and gutter are moved to the south.
• Responsibility for reconstruction of improvements on the south side of Fred
Waring Drive if an adjustment to the centerline is allowed
City Council allowed the County to proceed with the interim striping improvements
with the understanding that the County would come back with more complete design
options in the future.
The City of La Quinta re -constructed and widened the segment of Fred Waring Drive
between Washington Street and Adams Street during the first four months of 2009 to
accommodate six travel lanes, bike lanes in each direction and a raised landscaped
median.
On July 21, 2009, the County came back to City Council with three design
alternatives as part of the environmental processing for the project and sought City
Council input on a preferred design alternative. City staff presented the alternatives
with the City's concerns. The County proposed City shared funding of the
improvements within the County's right-of-way and the Council directed the County to
come back at a later meeting with refined alternatives and a funding plan that did not
include City funding for this project.
On December 15, 2009, the County came back before the City Council with three
refined alternatives and asked for City Council approval to move forward with
Alternative No. 1 as the preferred alternative for the environmental document.
Alternative No. 1 would widen and elevate the west bound lanes on the north side of
Fred Waring Drive. This would require shifting the southerly curb and gutter five (5)
feet to the south between Chapelton Drive and Dune Palms Road. This alternative
would also minimize right-of-way acquisition and have the least impact to homes on
the north side of the street. This alternative would also allow parking on the north side
of Fred Waring Drive and provide a refuge lane for vehicles entering and exiting the
driveways and for mail delivery vehicles. No striped bike lane would be provided;
however, bicycles could use the widened shoulder on the north side of the road. A
general plan amendment would also be required for this alternative.
The Council heard concerns from City and County residents concerning access and
noise and directed the County to revise Alternative No. 1 in order to address these
issues. Over the next 18 months County and City staff worked to address the
u 059
concerns from the La Quinta Palms residents and added a soundwall and raised
entrance for westbound left in turns to the south side of Fred Waring Drive to
Alternative No. 1.
On June 7, 2011, the City Council approved an MOU with the County of Riverside and
CVAG to select the revised Alternative No. 1 as the preferred alternative for California
Environmental Quality Act (CEQA) analysis for the Fred Waring Drive Widening Project,
pending approval by Coachella Valley Association of Governments (CVAG). This
recommendation was predicated on the County having a fully executed agreement in
place with CVAG funding for the project.
On June 21, 2011, the Council approved the rescission of the approval of June 7,
2011 of the Memorandum of Understanding (MOU) (Attachment 1) with the County of
Riverside and the Coachella Valley Association of Governments regarding the potential
widening of Fred Waring Drive, between Adams Street and Port Maria Road. The
MOU was rescinded because staff was advised by CVAG that the County did not have
an agreement with CVAG for the funding of the project, and staff rescinded the earlier
recommendation. Without such an agreement, the City could not be assured that the
County would be able to pay for the various mitigation measures that were promised in
order to assure that La Quinta residents would not be significantly impacted by shifting
the roadway to the south.
On February 15, 2012, the City received a letter from the County (Attachment 3)
stating that they have agreed to a funding plan with CVAG and are moving forward to
approve an agreement with CVAG for the funding of the Fred Waring Drive widening
improvements between Adams Street and Port Maria Road, including the measures
needed to address the City's concerns. Additionally, the letter requests that a second
amendment to the License and Indemnity Agreement (Attachment 4) previously
extended via amendment by the City Council on November 2, 2010 (Attachment 5) be
extended to December 31, 2012 to allow the parties to complete the environmental
process. With these issues addressed, City staff now recommends entering into a
MOU with the County to select Alternative No. 1 as the preferred alternative for CEQA
analysis, pending approval by CVAG and approving the second amendment to the
License and Indemnity Agreement. Once the environmental document is complete, a
permanent license and indemnity agreement will be drafted which will address the
design, construction and maintenance of the road improvements. A general plan
amendment will be brought forward for City Council consideration for the revised
street cross section prior to completing the design of the project.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the Memorandum of Understanding (MOU) and the Second
- 060
Amendment to the License and Indemnity Agreement with the County of
Riverside regarding the potential widening of Fred Waring Drive, between
Adams Street and Port Maria Road subject to any minor revisions approved by
the City Attorney and Interim City Manager, and authorize the Interim City
Manager to execute the same; or
2. Do Approve the Memorandum of Understanding (MOU) and the Second
Amendment to the License and Indemnity Agreement with the County of
Riverside regarding the potential widening of Fred Waring Drive, between
Adams Street and Port Maria Road; or
3. Provide staff with alternative direction.
Respectfully submitted,
;' Pector/City
mothy R on P.E.
Public Wor s DEngineer
Approved for submission by:
q
Mark Weiss, Interim City Manager
Attachments: 1.
Memorandum of Understanding Regarding Potential
Widening of Fred Waring Drive Between Adams Street and
Port Maria Road
2.
Second Amendment to License and Indemnity Agreement
3.
Letter from the County of Riverside
4.
License and Indemnity Agreement
5.
First Amendment to License and Indemnity Agreement
n..: 061
ATTACHMENT 1
MEMORANDUM OF UNDERSTANDING
REGARDING THE POTENTIAL WIDENING OF FRED WARING DRIVE BETWEEN
ADAMS STREET AND PORT MARIA ROAD
THIS MEMORANDUM OF UNDERSTANDING ("MOU) dated
2011, by and between the CITY OF LA QUINTA, a California charter city ("City"), the
COUNTY OF RIVERSIDE, a political subdivision of the State of California ("County") and the
Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), is
made with reference to the following recitals and terms.
RECITALS
WHEREAS, this MOU relates to proposed improvements to that certain portion of a
public street commonly ]mown as Fred Waring Drive, between Adams Street and Port Maria
Road, a length of approximately 3300 feet ("Project Site'). A depiction of the Project Site is
attached hereto as Exhibit "A" and incorporated herein by this reference. The north side of Fred
Waring Drive in the Project Site falls under the jurisdiction of.the County, while the south side is
under the City's jurisdiction. The centerline of the existing roadway is generally located on the
boundary line between the City and the County. The entire road width of Fred Waring Drive
west of Adams Street and east of Port Maria Road falls under the City's jurisdiction; and
WHEREAS, on November 8, 1988 Voters located within the Jurisdictional boundaries of
the County of Riverside approved Measure A authorizing the imposition of a half -cent sales tax
for Transportation purposes; and
WHEREAS, the widening of Fred Waring Drive was a Named Measure. A Regional
Artial Project; and
WHEREAS, The Coachella Valley Transportation Project Prioritization Study lists the
portion of roadway along Fred Waring Drive identified as eligible for funding from the "Measure
A" and "Transportation Uniform Mitigation Fee" programs; and
WHEREAS, on March 3, 2008, the Coachella Valley Association of Governments
("CVAG") entered an agreement titled "Agency Reimbursement Agreement by and between
CVAG and the COUNTY of Riverside" authorizing the expenditure of funds for improvements
to this segment of roadway; and
WHEREAS, on March 18, 2008, the City Council of the City approved the concept of
widening Fred Waring Drive, between Washington Street and Jefferson Street, to accommodate
six (6) lanes of traffic ("Project"); and
Page 1 of 8
,062
WHEREAS, on April 15, 2008, the County approached the City to discuss interim
improvements and alternatives for the widening of Fred Waring Drive between Adams Street
and Port Maria Road. County presented three alternatives for the widening; and
WHEREAS, the City has sufficient width in its portion to accommodate the three lanes of
travel; and
WHEREAS, the County requested that the City agree to move the centerline of the
roadway to the south in order to accomplish the road widening project; and
WHEREAS, on June 30, 2008, the City and the County entered into that certain License
and Indemnity Agreement that provided terms and conditions for the installation of certain
temporary roadway modifications in portions of the Project Site (Temporary License and
Indemnity Agreement); and
WHEREAS, on November 2, 2010, the City and the County executed an amendment
titled "First Amendment to License and Indemnity agreement" that extended the term of the
License and Indemnity Agreement for an additional six (6) months from the date the Original
License was due to expire; and
WHEREAS, the County has requested the City select a design for the permanent
improvements to serve as the "preferred alternative" to be studied for purposes of complying the
California Environmental Quality Act ("CEQA"); and
WHEREAS, the design the County has proposed as the preferred alternative includes the
centerline moving to the south and has been identified in presentations to the La Quinta. City
Council as "Alternative No. 1'; and
WHEREAS, the City of La Quinta is willing to select Alternative No. 1 as the preferred
alternative for purposes of the CEQA analysis; and
WHEREAS, Alternative No. 1 provides a significant public benefit in terms of costs
savings to the public by choosing an alternative that is fiscally responsible in these extreme
economic conditions; and
WHEREAS, if Alternative No. 1 is ultimately chosen for the Project Site, it would be
deemed the "Project" and the City and the County will need to enter into a permanent License
and Indemnity Agreement to replace the temporary License and Indemnity Agreement entered
into by the parties. .
WHEREAS, neither the City nor the County will actually approve any design until the
CEQA process has been completed.
NOW, THEREFORE, incorporating the foregoing recitals and in consideration thereof,
and in consideration of the mutual covenants and conditions contained herein, and for other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
z 063
I . Recitals. The foregoing recitals are true and correct and are hereby incorporated herein
by this reference to the same extent as though herein again set forth in full.
2. Preferred Alternative; CEQA Compliance- No Predetermination. For purposes of
completing the CEQA review, the parties agree that Alternative No. 1 shall be studied as the
preferred alternative. The County shall be the lead agency for CEQA and the City shall be a
responsible agency subject to the requirements of CEQA Guidelines Section 15096. The
approval of this MOU is not a commitment to proceed with the Project. The approval of the
Project is contingent on completion of the CEQA review. The scope of analysis conducted for
CEQA will include the activities described below in Section 3, paragraphs (a), (b) and (c).
3. Permanent License and Indemnity Agreement. The parties agree that if the Project is
approved with Alternative No. 1 as the design, the Project will not be able to proceed until and
unless the City and the County enter into a permanent License and Indemnity Agreement
("Permanent License and Indemnity Agreement), since the centerline would be moving south
into the City. The Permanent License and Indemnity Agreement shall include all of the
following provisions:
(a) In as much as the Project affects existing landscape improvements the County
shall be required to install new irrigation, landscaping and landscape lighting on both the
north and south sides of the Project Site. The landscaping must be drought tolerant and
should include an option for artificial turf within the median(s).on Fred Waring Drive.
The landscaping must be based on specifications prepared by the County and approved
by the City and the Coachella Valley Water District. The County and City will share in
the maintenance cost of the median landscaping and irrigation water equally. County and
City street maintenance responsibilities will remain as before the project.
(b) The project will include a rubberized asphalt overlay as a measure to attenuate
noise for the local residents. As a result of the Noise Study prepared for the project, the
project will also include a sound wall between Adams St and Dune Palms Road to be
located on the south side of the road between the roadway and the residential properties.
The sound wall is provided to mitigate projected noise levels that would exceed 65 dBA
Community Noise Equivalent Level (CNEL). The sound wall height will not exceed
eight feet as recommended per the Noise Study. The costs associated with the design and
construction of a sound wall are considered valid project cost and eligible for
reimbursement by CVAG.
(c) The County .shall be required to submit a traffic control plan and roadway
improvement plans, which are subject to the approval of the Public Works Director of the
City. The traffic control plan will be part of an encroachment permit which may include.
additional measures to insure the safety of motorists during construction of the project
and to cover City inspection costs.
(d) The County shall be responsible for 100% of the design and construction costs for
the "Project," Alternative 1 or.variation thereof as mutually agreed to. The County shall
also be solely responsible for repairing any damaged street or landscape improvements
resulting from the Project.
(e) All construction will be dependent on the improvements being eligible under
CVAG's policies as outlined in Section IV, "Cost Determination/Expense Eligibility" of
CVAG's Policies and Procedures Manual and CVAG agreeing to reimburse 75% of the
cost. The remaining 25% cost shall be paid by the .County.
(0 Indemnity and Release. The County agrees to defend, indemnify, and hold the
City, its officers, officials, representatives, agents and employees (collectively,
"Indemnified Parties") hamiless from any and all claims, actions, liabilities, or legal
proceedings (collectively, "Claims,,), arising from any accident, loss or damage to
persons or property happening or occurring as a proximate result of any work undertaken
by the County under this License and Indemnification Agreement, or which arises out of,
relates to, or in any way involves the design, construction, installation, or use of the
Improvements, including each and every design feature utilized in the Improvements and
the driveway connections to Fred Waring Drive. Upon receipt of any Claim covered by
this provision, the Indemnified Parties shall tender the Claim to the County, and the
County shall provide the Indemnified Parties' defense in the matter, which includes
reasonable attorneys' fees and costs, at no cost to Indemnified Parties. The Indemnified
Parties shall fully cooperate in the defense of any such Claim.
The County agrees to promptly pay any and all final judgments or awards of damages,
costs, or any other monetary awards against the Indemnified Parties covered by this
provision.
This provision also shall not apply to Claims where the cause of injury or damage is
determined by a final judgment or Wiling, no longer subject to appeal, to be solely the
result of City's negligence; willful misconduct or gross misconduct with regard to the
maintenance of City roadways or median improvements within City limits. To the extent
the City's negligence, willful misconduct or gross misconduct with regard to the
maintenance of City roadways or median improvements within City limits is determined
by a final judgment or ruling, no longer subject to appeal, to be only one of two or more
proximate causes of said injury or damages, the County's defense and indemnity
obligations to City shall be reduced on a pro rata basis in accordance with the
determinations included in such final judgment or ruling.
The County's obligations under this provision. shall commence from the date the
construction of the Improvements commences and shall continue in perpetuity.
Upon request by the City, the County either shall add the Indemnified Parties as
"additional insureds" to any and all of the County's insurance policies which might relate.
to the Improvements made to the Project Site or provide proof of self insurance coverage
for the Improvements made to the Project Site., However, the County agrees that the
providing of said insurance coverage does not relieve the County of the obligations
assumed within this provision.
4. Miscellaneous.
-a-
,.N 0 6 5
(a) Attorneys' Fees. In the event of any dispute between the parties hereto involving
this MOU, the prevailing party shall be entitled to recover, and the other party agrees to
pay, all reasonable fees, expenses and costs, including but not limited to attorneys' fees.
(b) Notices. Any notice which either party may desire to give to the other party must
be in writing and shall be effective (i) when personally delivered by the other party or by
messenger or courier, (ii) three (3) business days after deposit in the United States mail,
registered or certified; (Hi) one (1) business day after deposit before the daily deadline
time with a reputable overnight courier or service; or (iv) upon receipt of a telecopy or
fax transmission (as evidenced by a computer generated receipt confirming a successful
transmission), provided a hard copy of such transmission shall be thereafter delivered in
one of the methods described in the foregoing (i) through (iii); in each case postage fully
prepaid and addressed to the respective parties as set forth below or to such other address
and to such other persons as the parties may hereafter designate by written notice to the
other parties hereto:
If to City: City of La Quinta
Thomas P. Genovese, City Manager
78-495 Calle Tampico
La Quinta, California 92253
With a copy to: Rutan & Tucker, LLP
M. Katherine Jenson
611 Anton Blvd., Suite 1400
P.O. Box 1950
Costa Mesa, CA 92628-1950
If to County: Riverside County Transportation Department
Juan C. Perez, Director of Transportation
4080 Lemon Street
Riverside, CA 92501
With a Copy to : County of Riverside
Clerk of the Board
P.O. Box 1147
Riverside, CA 92502-1147
If to CVAG: Coachella Valley Association of Governments
Tom Kirk, Executive Director
73-710 Fred Waring Drive, Suite #200
Palm Desert, CA 92260
Either party may from time to time, by written notice to the others, designate a different
address which shall be substituted for the one above specified, and/or specify additional parties
to be notified.
-5-
066
5. Successors and Assigns. This MOU shall be binding on the parties hereto and their
respective successors.
6. No Third Parties Benefited. This MOU is made for the sole benefit and protection of the
City and County, and their respective successors. No other person shall have any right of action
or right to rely thereon.
7. Entire Agreement. This MOU contains the entire agreement of the parties hereto with
respect to the, matters covered hereby, and all negotiations and agreements, statements or
promises between the parties hereto or their agents with respect to this transaction are merged in
this MOU, which alone expresses the parties' rights and obligations and if not contained herein
shall not be binding or valid against either of the parties hereto. .Notwithstanding the prior
sentence, the Temporary License and Indemnification Agreement shall remain if force and effect
unless terminated pursuant to its terms or superseded by the Permanent License and Indemnity
Agreement.
8. Modification. Any amendments or modifications to this MOU must be in writing and
executed by all the parties to this MOU.
9. Intemretation; Governing Law. This MOU shall be construed according to its fair
meaning and as if prepared by both parties hereto. This MOU shall be construed in accordance
with the laws of the State of California in effect at the time of the execution of this MOU. Titles
and captions are for convenience only and shall not constitute a portion of this MOU. As used in
this MOU, masculine, feminine or neutral gender and the singular or plural number shall each be
deemed to include the others wherever and whenever the context so dictates.
10. No Waiver. No delay or omission by either party hereto in exercising any right or power
accruing upon the compliance or failure of performance by the other party hereto under the
provisions of this MOU shall impair any such right or power or be construed to be a waiver
thereof. A waiver by either party hereto of a breach of any of the covenants, conditions or
agreements hereof to be performed by the party shall not be construed as a waiver of any
succeeding breach of the same or other covenants, agreements, restrictions or conditions thereof.
11. Severability. If any term, provision, condition or covenant of this MOU or the
application thereof to any parry or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this instrument, or the application of such term, provision,
condition or covenant to persons or circumstances other than those as to whom or which it is
held invalid or unenforceable, shall not be affected thereby, and each term and provision of this
MOU shall be valid and enforceable to the fullest extent permitted by law.
12. Counterparts. This MOU may be executed in several counterparts, and all so executed
shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are
not signatories to the original or the same counterpart. The parties may also deliver executed
copies of this MOU to each other by facsimile, which facsimile signatures shall be binding. Any
facsimile delivery of signatures shall be followed by the delivery of executed originals.
SIGNATURE PAGES FOLLOW
-6-
061
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date set
forth above.
MY OF LA QUINTA,
a California charter city
By Mark Weiss
ATTEST: Interim City Manager
Susan Maysels, Interim City Clerk —
0--;Wa$Sy/ffll!�M 7T
M: Katherine Jenson, City Attorney
COUNTY OF RIVERSIDE, apolitical subdivision of the
State of California
By:
Bob Buster, Chairman
Board of Supervisors
ATTEST:
Clerk of the Board
Kecia Harper-Ihem
Deputy
APPROVED AS TO FORM:
Pamela J Walls, County Counsel
Synthia M. Gunzel, Deputy County Counsel
-7-
068
! ATTACHMENT 2
SECOND AMENDMENT TO LICENSE AND INDEMNITY AGREEMENT
THIS SECOND AMENDMENT TO LICENSE AND INDEMNITY AGREEMENT
("Amendment"), is made, to be effective the _ day of, 2012, by and between the CITY OF LA
QUINTA, a California charter city ("City"), and the COUNTY OF RIVERSIDE, a political
subdivision of the State of California ("County"), with reference to the following:
Recitals
WHEREAS, the City and the County have entered into that certain License and Indemnity
Agreement, dated June 3, 2008, ("Original License") pursuant to which City granted a temporary,
conditional license to the County to permit the temporary encroachment along Fred Waring, between
Adams Street and Port Maria Road, to install interim roadway improvements ("Interim
Improvements") and County has accepted the license and agreed to indemnify the City for these
Interim Improvements, as more particularly described in the License and Indemnity Agreement; and
WHEREAS, the City and the County have entered into that First Amendment to License and
Indemnity Agreement, dated November 2, 2010, ("First Amendment")
WHEREAS, the First Amendment expired six (6) months after the date that the agreement
had been executed by all parties; and
WHEREAS, the Original License together with both Amendments are collectively referred
to herein as the "License"; and
WHEREAS, since the City and the County have been negotiating and are entering into that
certain Memorandum of Understanding to address each party's roles and responsibilities relating to
alternate design choices, CEQA consideration and a final agreement for permanent roadway
improvements. if the road improvement project is ultimately approved, an extension for the term of
the License is warranted; and
WHEREAS, the City and the County now desire to extend the term of the License.
NOW THEREFORE, for good and valuable consideration the receipt and adequacy of which is
hereby acknowledged, the parties agree as follows:
Term of License. Section 2 of the License is hereby amended by the following:
"The term of the License shall be extended to December 31, 2012."
2. Except as modified or supplemented by this Second Amendment to License, all provisions
of this License shall remain in full force and effect.
3. This Second Amendment to License shall not be binding or consummated until its approval
by the Board of Supervisors of Riverside County and the City Council of La Quinta.
069
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first written
above,
CITY OF LA QUINTA,
a California charter city
By: Mark Weiss
Interim City Manager
ATTEST:
Susan Maysels, Interim City Clerk
APPROVED AS TO FORM:
M. Katherine Jenson, City Attorney
COUNTY OF RIVERSIDE, a political subdivision
of the State of California
al]
ATTEST:
Clerk of the Board
Kecia Harper-Thein
Deputy
APPROVED AS TO FORM:
Pamela J Walls, County Counsel
Synthia M, Gunzel, Deputy County Counsel
John Tavaglione, Chairman
Board of Supervisors
070
ATTACHMENT- 3
COUNTY OF RIVERSIDE
TRANSPORTATION AND
LAND MANAGEMENT AGENCY
Transportation Department
February 15, 2012
Mark Weiss, Interim City Manager
City of La Quinta
P O'Box 1504
La Quinta CA 92247
Dear Mr. Weiss:
Ja,�y OF PoyF93
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Juan C. Perez PE, TE.
Director of Transyorration
I am providing this correspondence in follow-up to my recent conversations with Tim Jonasson,
the City's Public Works Director.
By way of background, County and City staff have been working together for over two years to
develop a road widening project on Fred Waring Drive which will provide a substantial regional
transportation benefit, while balancing the concerns and needs of the residents on both the City
and County side, Fred Waring Drive is a named Measure "A" project and is one of the regional
priorities identified by CVAG.
The City and County had been working together to develop a Memorandum of Understanding
(MOU) that sets forth the expectations and responsibilities of each party, which was approved
by the City Council on June 7, 2011. On June 21, 2011, the City Council rescinded the MOU
due to concerns that the County and CVAG had not reach an agreement on the funding of the
project.
We are providing this letter as confirmation that County and CVAG staff have indeed identified a
funding plan to fully fund this project, at no cost to the City of La Quinta, and are prepared to
recommend to our respective Boards that CVAG and the County enter into a formal Cooperative
Agreement for the funding. We therefore request that the City Council re -approve the MOU, in
the same form that was previously approved on June 7, 2011. After that action, County staff
will take it to our Board for approval and work with CVAG to approve the Cooperative
Agreement. We also request that the License and Indemnity Agreement that was originally
approved by the parties be extended to December 31, 2012 to allow the parties to complete the
Environmental process.
Thank you for your assistance on this matter, and please do not hesitate to contact Tom Kirk or
I with any concerns or should you wish to discuss this further. We look forward to working with
the City and CVAG to bring this important project to a conclusion.
Re arils,
Juan C. Perez
Director of Transportation
Cc: Supervisor Benoit, 4t" District
Tom Kirk, CVAG Executive Director
Patty Romo, Deputy Director of Transportation
4080 Lemon Street, 8th Floor • Riverside, California 92501 • (951) 955-6740
P.O. Box 1090 • Riverside, California 92502-1090 • FAX (951) 955-3198
071
A
ATTACHMENT 4
i
LICENSE AND INDEMNITY AGREEMENT
THIS LICENSE AND INDEMNITY AGREEMENT ("Agreement") is made, to be
effective the may of 771 ^ a� , 2008, by and between the CITY OF LA
QUINTA, a California charter city ("City"), and the COUNTY OF RIVERSIDE, a political
subdivision of the State of California ("County"), with reference to the following:
RECITALS
A. This Agreement relates to that portion of a public street commonly know as Fred
Waring Drive, between Adams Street and Port Maria Road, a length of approximately 3300 feet
(the "Project Site"). A depiction of the Project Site is attached hereto as Exhibit "A" and
incorporated herein by this reference. The north side of Fred Waring Drive in the Project Site
falls under the jurisdiction of the County, while the south side is under the City's jurisdiction.
The centerline of the existing roadway is generally located on the boundary line between the City
and the County. The entire road width of Fred Waring Drive west of Adams Street and east of
Port Maria Road falls under the City's jurisdiction.
B. The County proposes to install certain temporary roadway modifications in
portions of the Project Site for the purpose of striping four lanes on Fred Waring Drive to
facilitate traffic flow, and also wishes to make permanent improvements. The temporary
modifications include, but are not limited to, the addition of lanes as a result of restriping of the
roadway, and shifting the roadway centerline approximately six feet to the south, into the City's
jurisdiction (the "Interim Improvements"). The Interim Improvements would be installed by the
County on Fred Waring Drive from Adams Street to Old Harbour Drive. The Interim
Improvements will require the preparation and submittal of a traffic control plan and roadway
improvement plans, both of which are subject to the written approval of the City's Public Works
Director. The County has indicated that the Interim Improvements will be temporary. However,
the City and the County have not agreed upon the appropriate design of the permanent roadway
improvements to the Project Site ("Permanent Improvements"), and the City is generally not in
favor of the shifting of the centerline of the roadway, even on a temporary basis as a means to
avoid acquisition of right-of-way. The City has expressed further concerns to the County based
upon the design of the Interim Improvements. The County has indicated that it is willing to
defend and indemnify the City from any liability that would arise from the these conditions of
concern.
C. The County has indicated that it wishes to carry out the Interim Improvements,
and the County believes that the City and the County will come to an agreement regarding the
scope and nature of the Permanent Improvements. The scope and nature of the Permanent
Improvements will be subject of a separate agreement between the parties, Because the County
proposes to carry out the Interim Improvements on a portion of the Project Site that is within the
City's jurisdiction, the County needs to first obtain a temporary license from the City in order to
install the Interim Improvements. The City wishes to ensure that the Interim Improvements do
not become permanent. Further, the County has agreed that if the parties do not come to an
agreement regarding the Permanent Improvements within the time period set forth in this
Agreement; NK4ouigy Mj.promptly restore the roadway to the configuration it was in
(including the lane striping configuration) prior to the Interim Improvements, at the County's
sole expetoe,, and tQ the City°.s,reasonable satisfaction.
06.03.08 3.75
072
D. Because the Interim Improvements are a County project, the City has demanded,
and the County has agreed, to fully indemnify the City for all claims in any way relating to the
Interim Improvements.
E. Subject to the provisions of this Agreement, County and the City now desire to
enter this Agreement to provide a conditional and temporary license to the County to allow it to
install, on a temporary basis, the Interim Improvements and to require the County to defend and
indemnity to the City from and for any and all liability from the Interim Improvements or the
public's use thereof prior to the Permanent Improvements.
NOW, THEREFORE, incorporating the foregoing recitals and in consideration thereof,
and in consideration of the mutual covenants and conditions contained herein, and for other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
AGREEMENT
1. Grant of License. The City hereby grants a temporary, conditional license
to the County to permit the temporary encroachment on the following areas within the City: (1)
up to 15 feet south of the existing centerline of Fred Waring for the Interim Improvements,
including the temporary restopng; (2) a construction encroachment area of up to 25 feet south of
centerline within the Project Site; and (2) a transition area 500 feet west of Adams and 500 feet
east of Port Maria to allow for traffic control and transitions to the construction zone. The plans
for the Interim Improvements and the traffic control plan shall be subject to review and written
approval by the City's Public Works Director prior to any work taking place within the City's
right-of-way. Work hours for taking traffic lanes in order to install the Interim Improvements
shall be restricted to Monday through Friday, 8:30 am to 3:30 pm, with no work on Saturdays,
Sundays or holidays without prior approval by the Public Works Director. Access to driveways
shall be maintained with minimum delays to residents at all times.
2. Tenn of License: Duty to Restore. The term of the license shall commence on the
date that this agreement has been executed by all parties and shall end 24 months thereafter. If
the City and the County have not reached an agreement on the nature and scope of the Permanent
Improvements within that 24-month period, the County shall restore Fred Waring Drive to the
configuration it was in prior to the installation of the Interim Improvements, including restopng
the center line at the City boundary and restoring the lane configuration and striping that existed
prior to the Temporary Improvements. The restoration shall be solely at the County's expense,
and shall be subject to the reasonable approval of the City's Public Works Director. If the
County fails to fully restore Fred Waring Drive to its previous condition, the City shall have the
Tight to complete the restoration, and the County shall promptly reimburse the City for the costs
incurred by the City in completing the restoration. The restoration shall be completed by the
County within 180 days from the expiration of the 24-month period, and the City hereby grants a
license to the County to complete the restoration during that period. The restoration shall be
completed pursuant to restoration and traffic control plans which must be approved by the City's
Public Works Director.
3. Indemnity & Release. The County agrees to defend, indemnify, and hold the City,
its officers, officials, representatives, agents and employees (collectively, "Indemnified Parties")
harmless from any and all claims, actions, liabilities, or legal proceedings (collectively,
WW015610-0002
899956 08 905/30/08
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073
"Claims"), arising from any accident, loss or damage to persons or property happening or
occurring as a proximate result of any work undertaken by the County under this license granted
pursuant to this Agreement, or which arises out of, relates to, or in any way involves the design,
construction, installation, or use of the Interim Improvements, including each and every design
feature utilized in the Interim Improvements and the driveway connections to Fred Waring
Drive. Upon receipt of any Claim covered by this provision, the Indemnified Parties shall tender
the Claim to the County, and the County shall provide the Indemnified Parties' defense in the
matter, which includes reasonable attorneys' fees and costs, at no cost to Indemnified Parties.
The Indemnified Parties shall fully cooperate in the defense of any such Claim.
The County agrees to promptly pay any and all final judgments or awards of damages,
costs, or any other monetary awards against the Indemnified Parties covered by this provision.
This provision also shall not apply to Claims where the cause of injury or damage is
determined by a final judgment or ruling, no longer subject to appeal, to be solely the result of
City's negligence, willful misconduct or gross misconduct with regard to the maintenance of
City roadways or median improvements within City limits. To the extent the City's negligence,
willful misconduct or gross misconduct with regard to the maintenance of City roadways or
median improvements within City limits is determined by a final judgment or ruling, no longer
subject to appeal, to be only one of two or more proximate causes of said injury or damages, the
County's defense and indemnity obligations to City shall be reduced on a pro rata basis in
accordance with the determinations included in such final judgment or ruling.
The County's obligations under this provision shall commence from the date the
construction of the Interim Improvements commences and shall continue in effect that either: (1)
the roadway is fully restored to its current condition, which condition is accepted as being fully
restored by the City's Public Works Director; or (2) the Permanent Improvements are agreed
upon and fully installed. Nothing in this paragraph shall preclude the City from requested
defense and indemnification as a condition to its approval of the Permanent Improvements.
Upon request by the City, the County either shall add the Indemnified Parties as
"additional insureds" to any and all of the County's insurance policies which might relate to the
Interim Improvements made to the Project Site or provide proof of self insurance coverage for
the Interim Improvements made to the Project Site. However, the County agrees that the
providing of said insurance coverage does not relieve the County of the obligations assumed
within this provision.
4. Miscellaneous.
4.1 Attorneys' Fees. In the event of any dispute between the parties hereto
involving this Agreement, the prevailing party shall be entitled to recover, and the other party
agrees to pay, all reasonable fees, expenses and costs, including but not limited to attorneys'
fees.
4.2 Notices. Any notice which either party may desire to give to the other
party must be in writing and shall be effective (i) when personally delivered by the other party or
by messenger or courier; (ii) three (3) business days after deposit. in the United States mail,
registered or certified; (iii) one (1) business day after deposit before the daily deadline time with
a reputable overnight courier or service; or (iv) upon receipt of a telecopy or fax transmission (as
1OM15610-M
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074
evidenced by a computer generated receipt confirming a successful transmission), provided a
hard copy of such transmission shall be thereafter delivered in one of the methods described in
the foregoing (i) through (iii); in each case postage fully prepaid and addressed to the respective
parties as set forth below or to such other address and to such other persons as the parties may
hereafter designate by written notice to the other parties hereto:
If to City: City of La Quinta
Thomas P. Genovese, City Manager
78495 Calle Tampico
La Quinta, California 92253
With a copy to: Rutan & Tucker, LLP
M. Katherine Jenson
611 Anton Blvd., Suite 1400
P.O. Box 1950
Costa Mesa, CA 92628-1950
If to County: Riverside County Transportation Department
Juan Perez, Director of Transportation
4080 Lemon Street
Riverside, CA 92501
With a Copy to : County of Riverside
Clerk of the Board
P.O. Box 1147
Riverside, CA 92502-1147
Either party may from time to time, by written notice to the others, designate a different address
which shall be substituted for the one above specified, and/or specify additional parties to be
notified.
4.3 Successors and Assigns. This Agreement shall be binding on the parties
hereto and their respective heirs, successors, representatives, transferees and assigns.
4.4 No Third Parties Benefited. This Agreement is made for the sole benefit
and protection of the City and County, and their respective successors and assigns. No other
person shall have any right of action or right to rely thereon.
4.5 Time of the Essence. Time is of the essence of each of the terms,
covenants and conditions of this Agreement.
4.6 Entire Agreement. This Agreement contains the entire agreement of the
parties hereto with respect to the matters covered hereby, and all negotiations and agreements,
statements or promises between the parties hereto or their agents with respect to this transaction
are merged in this Agreement, which alone expresses the parties' rights and obligations and if
not contained herein shall not be binding or valid against either of the parties hereto.
4.7 Modification. Any amendments or modifications to this Agreement must
be in writing and executed by all the parties to this Agreement.
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899956 06 a05/30109 4-
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4.8 in elation• Governing Law. This Agreement shall be construed
according to its fair meaning and as if prepared by both parties hereto. This Agreement shall be
construed in accordance with the laws of the State of California in effect at the time of the
execution of this Agreement. Titles and captions are for convenience only and shall not
constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or
neutral gender and the singular or plural number shall each be deemed to include the others
wherever and whenever the context so dictates.
4.9 No Waiver. No delay or omission by either party hereto in exercising any
right or power accruing upon the compliance or failure of performance by the other party hereto
under the provisions of this Agreement shall impair any such right or power or be construed to
be a waiver thereof. A waiver by either party hereto of a breach of any of the covenants,
conditions or agreements hereof to be performed by the party shall not be construed as a waiver
of any succeeding breach of the same or other covenants, agreements, restrictions or conditions
thereof.
4.10 Severability. If any term, provision, condition or covenant of this
Agreement or the application thereof to any party or circumstances shall, to any extent, be held
invalid or unenforceable, the remainder of this instrument, or the application of such term,
provision, condition or covenant to persons or circumstances other than those as to whom or
which it is held invalid or unenforceable, shall not be affected thereby, and each term and
provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
4.11 Counterparts. This Amendment may be executed in several counterparts,
and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding
that all parties are not signatories to the original or the same counterpart. The parties may also
deliver executed copies of this Amendment to each other by facsimile, which facsimile
signatures shall be binding. Any facsimile delivery of signatures shall be followed by the
delivery of executed originals.
106&015610-M
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SIGNATURE PAGE FOLLOWS
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076
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date set
forth above.
CITY OF LA QUINTA,
a California charter city
2/z,.
By: Thomas P. Genovese
Its: City Manager
APPROVE S TO FORM:
M. Katherin Jen City Atto
COUNTY OF RIVERSIDE
By.7,7
y Wilson,
Board of Sut
ATTEST:
Clerk of the Board
Nancy Romero
Deputy County Clerk
APPROVED AS TO FORM:
Joe S. Rank, County Counsel
4�-ioiv'rt N 6rxrwj
Sy Chia M. Gunzel, D uty County Counsel
1068/015610-M
3"95608 PO 130M -6- , 0 077
06.03.08 3.75
Contract No. �/0 ' V 7 - u/"
ATTACHMENT 5 Riverside Co Transportation
FIRST AMENDMENT TO LICENSE AND INDEMNITY AGREEMENT
THIS FIRST AMENDMENT TO LI ENSE AND INDEMNITY AGREEMENT
("Amendment"), is made, to be effective the _ day of _ , 2010, by
and between the CITY OF LA QUINTA, a California charter city ("City"), and the COUNTY
OF RIVERSIDE, a political subdivision of the State of California ("County"), with reference to
the following:
Recitals
WHEREAS, the City and the County have entered into that certain license and
Indemnity Agreement, dated June 3, 2008, ("Original License") pursuant to which City granted a
temporary, conditional license to the County to permit the temporary encroachment along Fred
Waring, between Adams Street and Port Maria Road, to install interim roadway improvements
("Interim Improvements") and County has accepted the license and agreed to indemnify the City
for these Interim Improvements, as more particularly described in the License and Indemnity
Agreement; and
WHEREAS, the Original License is due to expire twenty-four (24) months after the date
that this agreement has been executed by all parties; and
WHEREAS, the Original License together with this Amendment are collectively referred
to herein as the "License"; and
WHEREAS, since the City and the County have been negotiating and intend to enter into
that certain Memorandum of Understanding to address each .parry's roles and responsibilities
relating to alternate design choices, CEQA consideration and a final agreement for permanent
roadway improvements if the road improvement project is ultimately approved, an extension for
the term of the License is warranted; and
WHEREAS, the City and the County now desire to extend the term of the License.
NOW THEREFORE, for good and valuable consideration the receipt and adequacy of which is
hereby acknowledged, the parties agree as follows:
1. Term of License. Section 2 of the License is hereby amended by the following:
"The term of the License shall be extended for six (6) months from the date the Original
License was due to expire."
2. Except as modified or supplemented by this First Amendment to License, all provisions
of this license shall remain in full force and effect.
3. This First Amendment to License shall not be binding or consummated until its approval
by the Board of Supervisors of Riverside County and the City Council of La Quinta.
.M 078
\.11 1 V1- Lt YUAIN I ,
a California charter city
By: Thomas P. Genovese
Its: City Manager
T.
Veronica Montecino' City Clerk
AP ROV7&ne-1
S FO
AW ath' y Attorney
ATTEST:
Clerk of the Board
Kecia Harper-Ihem
AnaaAt,=
Deputy
APPROVED AS TO FORM:
PamelarT Walls, County Counsel I
>'T7Y N� uGC�
Synthi . Gunzel, Deputy C unty Counsel
COUNTY OF RIVERSIDE, a political subdivision
of the State of California
By: / Z46i-�
Marion Ashley, Chairman
Board of Supervisors
NOV 0 2 2010
N 079
T ' Q
4t�k 4 4 amr(v
COUNCIL/SA MEETING DATE: March 6, 2012
ITEM TITLE: Consideration of Formation and
Appointment of Two Members to an Ad Hoc
Committee to Review Grant Requests
RECOMMENDATION:
As deemed appropriate by the City Council.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW
AGENDA CATEGORY:
BUSINESS SESSION: 3
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
As part of the 201 1 /2012 Fiscal Year Budget, the City Council allocated $25,000
to fund Community Services Grants. If the City Council would like to have the
grant applications reviewed by a committee before they are presented to the City
Council, staff would recommend the formation of an Ad Hoc Committee comprised
of two City Council members. This Ad Hoc Committee would review and
recommend the 2nd round of grants to City Council on April 3, 2012.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Establish an Ad Hoc Committee to consider the 2nd round of Grant Requests
and appoint two City Council members to serve; or
2. Do not establish an Ad Hoc Committee to consider the 2nd round of Grant
Requests; or
3. Provide staff with, alternative direction.
_.N 080
Respectfully submitted,
Edie Hylton
Community Services Director
Approved for submission by:
Mark Weiss, Interim City Manager
Eff 4 16 a MW4 ffiff=
COUNCIL/RDA MEETING DATE: March 6, 2012
ITEM TITLE: Consideration of the Selection of Two
City Council Members for the Ad Hoc Budget Sub -
Committee
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Appoint two City Council members to serve on the Ad Hoc Budget Sub -committee.
FISCAL IMPLICATIONS:
No direct fiscal implications will result from this item.
CHARTER CITY IMPLICATIONS:
i1ron"
BACKGROUND AND OVERVIEW:
The City Council conducted a study session on February 21, 2012, to discuss the
Fiscal Year 2012/2013 Annual Financial Management Review. Minutes from the
meeting are included as Attachment 1. Based on the feedback and direction
provided by the City Council at this meeting, two Council Members will be selected
to participate in an Ad Hoc Budget Sub -committee to review the Fiscal Year
2012/2013 Annual Budget documents.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
Appoint two City Council members to serve on the Ad Hoc Budget Sub-
committee; or
2. Do not appoint two City Council members to serve on the Ad Hoc Budget
Sub -committee; or
3. Provide staff with alternative direction.
IP 082
itted,
Analyst
Approved for submission by:
l'Vt�-- 6� P_
Mark Weiss, Interim City Manager
Attachment: 1. Minutes of the February 21, 2012 City Council Meeting
It 083
Attachment 1
STUDY SESSION
DISCUSSION OF CITY COUNCIL GOALS FOR FISCAL YEARS 2011 /2012 AND
2012/2013
Management Analyst Oscar Santana presented the staff report.
Council Member Henderson stated that she appreciated the abbreviated list of
goals, agreed that they were the big, important items, and would not be adding any
more to the list.
Council Member Osborne requested that three items be added to Council goals: (1)
Preparation of a new economic development plan, (2) formation of a temporary ad
hoc budget subcommittee consisting of two Council Members, and (3) review of
signage laws for small businesses.
Council Members Osborne and Evans explained that an ad hoc budget
subcommittee is desirable due to the upcoming changeover of top management
staff. It will be useful to have two Council Members fully versed in the details of
next year's 600 to 700-page budget when a new City Manager and new Finance
Director are getting up to speed. Ms. Evans stated that the subcommittee
meetings would be question & answer sessions with staff for clarity and
understanding rather than reworking department budgets. Mr. Osborne said that
his goal for the subcommittee could be accomplished in two meetings.
Council Member Franklin stated that she supported the preparation of a new
economic development plan and a review of signage laws for all businesses, not
just village businesses.
The Council reached a consensus to form an ad hoc budget subcommittee to be
formed at the next Council meeting.
Interim City Manager Mark Weiss stated that the Council goals and objectives
would be amended to add an ad hoc budget subcommittee, and a review of
signage.
CITY COUNCIL MINUTES 1 FEBRUARY 21, 2012
T4t!t 4 4 Qum&
AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: March 6, 2012
CONSENT CALENDAR:
ITEM TITLE: Discussion of Management Alternatives for
STUDY SESSION:
the Undeveloped Property at SilverRock Resort
PUBLIC HEARING:
RECOMMENDATION:
As deemed appropriate by the City Council.
FISCAL IMPLICATIONS:
Current management and maintenance for the undeveloped SilverRock Resort property
is funded through Public Works PM10 (Account No. 101-7006-431.32-15) in the
amount of $295,000. The area located at Avenue 54 and Jefferson Street that is
used for the Humana Challenge parking is funded through the Community Services
Parks Division (Account No. 101-3005-451.32-22) in the amount of $80,000 for
Fiscal Year 2011 /2012.
BACKGROUND AND OVERVIEW:
SilverRock Resort consists of 520 acres. Approximately 290 acres of the property
remain undeveloped (Attachment 1). Since 2004, PM-10 measures have been in place
for dust control and Air Quality Management District (AQMD) compliance.
In 2005, staff worked closely with AQMD to determine the best options to stabilize
the undeveloped property. The options included water truck service, chemical
stabilization, vegetative stabilization (at AQMD's suggestion), and contracting the
property for agricultural use.
On August 4, 2009, the La Quinta Redevelopment Agency entered into a three year
agreement with Precision Landleveling (now doing business as La Quinta Farms) to
manage and maintain the entire 290 acres of undeveloped property at SilverRock
Resort at a cost of $345,000 per year. The management and PM10 control included:
• Annually plant and grow 45 acres of rye grass to be used as a temporary
parking lot during the golf tournament.
of 085
• Install above -ground irrigation along the interior dirt roads including. both
Coachella Valley Water District (CVWD) canal roads. CVWD later asked to have the
irrigation removed because they believed it would cause erosion on the canal road.
The CVWD canal road has been maintained with water trucks by La Quinta Farms.
• Plant eighty acre sections of Sudan grass each year within the undeveloped
property.
• Continually remove weeds and debris throughout the undeveloped property.
• Daily water truck operation.
• Annually remove aquatic and riparian weeds from the storm channel retention
area located within the undeveloped property along Avenue 52 and the irrigation
retention basin located in the center of the SilverRock Resort property just south of the
CVWD canal.
La Quinta Farms was also provided a revocable license to farm up to 50 acres of
property, at no cost to the City, to grow and sell fruits and vegetables. They were
unable to establish a farm operation on the property due to the relocation of the
tournament parking lot and the canal relocation project. La Quinta Farms wanted to
operate the fruit and vegetable operation at the corner of Avenue 52 and Jefferson
Street, but were unable to do so because of the Hope Tournament Parking. They then
wanted to operate the fruit and vegetable operation on Jefferson Street across from
the Hideaway. At that time, CVWD approached the City about the canal relocation
project that would affect the entire southeast section of the undeveloped property.
During the past three years, the Hope/Humana Parking has been in three different
locations on the undeveloped property and the canal relocation project has not
proceeded as originally intended. Now that the Humana Parking lot is located at the
corner of Avenue 54 and Jefferson Street the original location at Avenue 52 and
Jefferson Street is available for a fruit and vegetable farm and produce stand
operation.
The three year agreement with La Quinta Farms will expire on June 30, 2012. Staff is
seeking direction from the City Council for the continuing management of the
undeveloped property at SilverRock Resort.
In January 2012, local sod growers, nurseries, and other farming operations were
contacted for possible use of the undeveloped property. Due to the amount of
preparation and capital investment, the sod growers indicated they would need at least
a ten year commitment to the property before any use would be considered. Nurseries
and other farm operations simply had no interest in using the SilverRock property.
r
Staff also began discussions with Environment Product and Applications (EPA)
regarding the need at SilverRock for chemical stabilization. EPA has provided
stabilization and water truck services as needed since 2006 including the Bob Hope
Classic/Humana Challenge and the La Quinta Arts Festival. EPA is a La Quinta-based 086
business and the owner is also a La Quinta resident. Their equipment (water trucks
and water towers) are stored in Coachella. EPA is interested in an agreement to
provide chemical stabilization of the perimeter and building pads as well as on -call
water truck service during high wind events at no charge in exchange for a 3-acre
section of the undeveloped property to move their equipment from Coachella. The
value of the chemical stabilization is $1 12,000. This is based on a total of 80 acres of
undeveloped engineered pads and the perimeter slopes at $350/acre, applied four
times annually. This component is necessary to complete PM 10 requirements for this
property.
La Quinta Farms is interested in continuing their management of the undeveloped
property as well as a revocable license agreement to farm up to 50 acres. The new
proposal to continue maintaining the undeveloped property is $295,000. There will be
no cost to the City for the farming because that will be under a separate licensing
agreement.
Landmark Golf Management also provided a proposal for the management of the
undeveloped property that will be separate from the golf course management
operations. Their proposal is for $285,000 and will match the services that are
currently being provided by La Quinta Farms. Landmark's proposal uses rented
irrigation pipe, irrigation supplied by the golf course irrigation pumps, and instead of
farming the 35-acre property Landmark will maintain that area with PM10 measures.
In an effort to save costs for the Humana Tournament Parking, staff researched other
parking surface alternatives such as road base and planting Bermuda grass instead of
rye grass. It was determined that rye grass seed could be used at a reduced
application rate to provide some cost savings. This seed and application rate is
included in the proposals that were provided by Landmark Golf Management and La
Quinta Farms.
Due to the nature and the historic difficulty in obtaining suitable bids for this project,
staff is requesting City Council to allow for negotiations with the parties listed in this
report. As per the La Quinta Municipal Code, Title 3, Chapter 3.30, Section 3.30.070
Exceptions to the procedures prescribed in this chapter:
3.30.070 C. The city council may authorize the award and execution of
contracts for public works projects without competitive bidding provided that such
award is in the best interest of the city or of the public health, safety and welfare.
Options for the City Council include:
A. Direct staff to negotiate a Contract Services Agreement with Landmark
Golf Management to maintain the undeveloped property by annually planting
and maintaining 80 acres of Sudan grass and 45 acres of rye grass, continually
removing weeds and debris throughout the entire property, clearing the storm
water retention basin, and provide daily water truck operation for a total nqt to 087
exceed $285,000 annually; and
Direct staff to prepare a no cost License Agreement with EPA for their PM10
equipment to be stored on the property and for EPA to glue the roads, perimeter
slopes, and engineered pads of the property.
B. Direct staff to negotiate a Contract Services Agreement with La Quinta
Farms to maintain the undeveloped property by annually planting and
maintaining 80 acres of Sudan grass and 45 acres of rye grass, continually
removing weeds and debris throughout the entire property, clearing the storm
water retention basin, and provide daily water truck operation for a total not to
exceed $295,000 annually; and
Direct staff to also prepare a new Revocable License Agreement with La Quinta
Farms to farm the 35 acre lot located at the corner of Avenue 52 and Jefferson
Street, at no cost to the City, to grow and sell fruits and vegetables; and
Direct staff to prepare a no cost License Agreement with EPA for their PM10
equipment to be stored on the property and for EPA to glue the roads, perimeter
slopes, and engineered pads of the property.
2. Direct staff to prepare plans and specifications for management of the
undeveloped property.
3. Direct staff to consider other alternatives.
Respectfully submitted,
Edie Hylton
Community Services Director
Approved for submission by:
hx,t-t,�(�
Mark Weiss, Interim City Manager
Attachment: 1. Location Map
Iii
REPORT/INFORMATIONAL ITEM: 1 (
INVESTMENT ADVISORY BOARD
Meeting
January 11, 2012
I CALL TO ORDER
Regular meeting of the La Quinta Investment Advisory Board was called to order at the
hour of 4:00 p.m. by Chairperson Spirtos followed by the Pledge of Allegiance.
PRESENT: Board Members Mortenson, Blum, Spirtos, Park and Donais
ABSENT: None
OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Senior
Secretary
II PUBLIC COMMENT - None
111 CONFIRMATION OF AGENDA - Confirmed
IV CONSENT CALENDAR
1. Approval of Minutes of Meeting on December 14, 2011 for the Investment
Advisory Board.
MOTION - It was moved by Board Members Blum/Park to approve the Minutes
of December 14, 2011. Motion carried unanimously.
V BUSINESS SESSION
A. Transmittal of Treasury Report for November 2011
Mr. Falconer presented and reviewed the staff report for the month of
November advising the Board of a decrease in the portfolio of approximately
$3.4 million ending the month slightly under $163 million. A large portion of
the decrease was due to cash needs. Mr. Falconer further advised that page 3
summarizes the cash decrease as follows: $363,000 was spent on the "A"
Street extension Project, $127,000 on Phase 2 Washington Street Drainage
Project, $493,000 on the Adams Street Bridge, in addition during the month of
the November $1.7 million was paid toward the County of Riverside Sheriff
contact which equated to two months of contract service costs. Mr. Falconer
also advised that the average maturity for the month of November decreased
just slightly less than 100 days, with the portfolio performance increasing by
two basis points ending the month at .37% and the pooled cash investments at
.52%, as compared to the previous month's investments at .50%.
Mr. Falconer informed the Board that in the month of November the LAW
balance had increased to the $40 million maximum. In addition, he informed the
Board of the maturity of several investments which will be reinvested into
commercial paper.
Mr. Falconer advised the Board that due to the State Supreme Court ruling the
City will not be making the tentative scheduled payment of $18 million that was
due mid -January. Mr. Falconer also advised that due to the ruling, the City's
RDA will expire as of February 1, 2012.
Chairperson Spirtos commented that she had asked that the Supreme Court's
ruling abolishing the RDA be further discussed under Board Member items.
Mr. Falconer advised that in spite of the ruling the City is scheduled to receive
the January tax increment revenues and will make the pass -through payments.
Mr. Falconer also advised that staff is diligently making every effort to
safeguard the City's assets.
Mr. Falconer stated that page 4 reflects the summary of permissible deposits
and investments as well as the diversity of those deposits and investments.
In response to Board Member Blum, Mr. Falconer advised that on behalf of the
City the Treasurer conducts all investments as well as establishing all CD's. Mr.
Falconer summarized for the Board the CD purchase process.
Board Member Blum shared his concern regarding the Treasurer's resignation
and the continuity of all investments upon his departure.
General discussion ensued amongst the Board and staff regarding the continual
safeguard of the City's investments during the recruitment and replacement of
the Finance Director/Treasurer.
Mr. Falconer suggested that staff give an update as to the status of the Finance
Director/Treasurer replacement at the April board meeting. Board concurred.
2
Is 091
Board Member Mortenson reiterated the purpose of the Board and the City's
investment policy and the check balances that are in place to protect all City
investments.
Mr. Falconer stated that staff currently maintains a "conservative" investment
policy; the new Finance Director/Treasurer could change how investments are
made.
In response to Board Member Mortenson, Mr. Falconer advised that as a result
of the elimination of the RDA and the uncertainty of the tax increments
payments, the 94 day average maturity gives the City ample flexibility for
liquidity for unexpected cash needs.
In response to Board Member Mortenson, Mr. Falconer advised that at the
December Board meeting staff was recommending a draw -down of monies out
of the Rabobank account but due to the current interest environment and same
day liquidity option, it was decided by staff to maintain the current balance in
the Rabobank account. Mr. Falconer suggested that the Board consider
increasing either LAIF or Rabobank at the review of the 2012/2013 investment
policy.
In response to Chairperson Spritos, Mr. Falconer clarified the following:
Page 2: column titled "Other" is an amortization of Discount Notes and is
reported as interest income.
Page 8: table titled City; "Revenue Funds" in the amount of $774,127 is a
grouping of various funds.
Mr. Falconer suggested that staff breakdown the funds that compile the
"revenue funds" and report back to the Board at the next scheduled meeting.
In response to Chairperson Spirtos, Mr. Falconer advised that the Information
Technology Fund (also listed within the City table) is a fund which pays for the
City's Information Technology Specialist as well as the City's servers,
equipment and internet. Mr. Falconer further advised that Council has
considered televising City Council meetings but due to the current economy,
they do not feel they should impose a fee to the residents of La Quinta to
televise the meetings at this time.
3
1.8 092
MOTION — It was moved by Board Members Mortenson/Donais to review,
receive, and file the Treasurers Report for November 2011. Motion carried
unanimously.
VI CORRESPONDENCE AND WRITTEN MATERIAL
A. Month End Cash Report — December 2011
Mr. Falconer presented and reviewed the month end cash report for the month
of December advising the Board that page 2 of the report reflects an increase in
LAIF in addition to a decline in the Bank of New York investments. LAIF still
remains at 38 basis points with thirteen week Treasury rates at .025% and a
one-year at 11 basis points. Mr. Falconer further advised that page 5 reflects
the note activity, with the two-year note currently at a .24 yield and the three-
year at .35 basis points.
Mr. Falconer commented to the Board that the short-term commercial paper
investment in Ricoh Financial yielded .25 basis points; due to the short-term
rate staff will consider commercial paper for any future investments.
In response to Board Member Mortenson, Mr. Falconer advised that average
money market balances are held in two sweep accounts, one account averaged
a balance of approximately $150,000 for any golf course expenses and
emergency checks; the second account held bond proceeds from Money Market
Mutual funds with a current balance of $16 million and was used for the City's
cash needs. Due to the abolishment of the RDA the bond proceeds account at
this time will remain suspended.
Board Member Mortenson advised that with the current money market
regulatory issues, that staff consider other alternatives in lieu of money market
funds. Chairperson Spirtos requested that the literature advising of the issues
with the money market funds be made available at the next scheduled meeting.
Noted and Filed
B. Pooled Money Investment Board Reports — October 2011 and November 2011
Noted and Filed
4
..4 : 093
VII BOARD MEMBER ITEMS
Chairperson Spirtos requested that the State Supreme Court's decision to
abolish all "Redevelopment Agencies" be discussed at this time.
General discussion ensued amongst the Board and staff regarding the State
Supreme. Court's decision to abolish all redevelopment agencies, the impact this
decision has on the City and the steps staff is taking to ensure the City is in
compliance with the State's ruling.
Chairperson Spirtos advised the Board that the City will be honoring Pillars of
the Community at 1 1:00 a.m. on January 12, 2012; this year's honorees will
include Tom Genovese and Stan Sniff. Chairperson Spirtos further advised that
she will not be in attendance at the February board meeting.
Vlll ADJOURNMENT
MOTION - It was moved by Board Members Park/Blum to adjourn the meeting at 4:59
p.m. Motion carried unanimously.
Vianka Orrantia
Senior Secretary
E
094
Department Report: D1 q
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Mark Weiss, Interim City Manager 01�
DATE: March 6, 2012
SUBJECT: La Quinta Chamber of Commerce Quarterly Report and
Annual Facilities Report
Per the City's contract with the Chamber of Commerce for Fiscal Year 201 1-2012,
the following reports are attached:
Quarterly Report for Period Ending December 2011
Annual Facilities Report for Period Ending December 2011
095
78-275 Calle Tampico #B, La Quinta CA 92253
Ph: (760) 564-3199 Fax: (760) 564-3111
February 15, 2012
To: Mark Weiss, City Manager, City of La Quinta
From: David S. Archer, President/CEO, La Quinta Chamber of Commerce
Re: Quarterly Report for Period Ending December 2011
The following is the required reporting for the second quarter of Fiscal Year 2011 — 2012
for the La Quinta Chamber of Commerce in accordance with our Contract for Services.
For your convenience we have included a brief Executive Summary on the highlights of
the current fiscal year.
Items Discussed Below in detail:
Contract for Services
1. Business Retention and Promotion
2. The GEM Community Newsletter
3. The Visitor's Center
4. Annual Financial Review
I look forward to continuing to build on our great working relationship between the City
and the Chamber and do not hesitate to contact me if you have any questions or further
requirements.
Respectfully,
David S. Archer
President/CEO
La Quinta Chamber of Commerce
Cc: Maria Casillas - City of La Quinta
David Howard
Chairman of the Board
La Quinta Chamber of Commerce
reception a(�lgchamber.com • www.lachamber.com The Voice of Business
1. it.-. U9b
Executive Summary
Key Items of note are:
Business Retention/Promotion and Economic Development
The Chamber continues to reach out to all the businesses in the Village area and through the
&h Quarter of last Fiscal year had contacted 100% per the Contract for Services. Events are
being planned and include the 6'h Annual Car Show and 3`' Annual Taste of La Quinta both of
which had outstanding attendance and feedback last year.
On a Previous Fiscal Year and on a Current Year to Date basis the Chamber continues to
progress on adding and retaining members. This continues to be a positive sign that the
business environment may be improving ever so slightly. Additionally, two "Board" driven
Membership Drives yielded 30 new members.
Member Communication
The Chamber has negotiated a website agreement and will be revamping its website in the
coming months and evaluating other business systems such as computers and Chamber
Software.
In addition the Chamber is in the process of creating and delivering another issue of the La
Quinta map featuring members, local events, and points of interest in and around La Quinta.
The Map project is anticipated to be completed by the beginning of January 2012 and 12,000
will distributed to the participants and community. Maps continue to be the number one
requested item by visitors to the Chamber.
Events
The Chamber continues to refine events and add others as appropriate. Most recently the
Chamber initiated a "Lunch Mob" whereby members are notified via social networking means to
be at a designated Member location to network with other members and potential members.
Community/Charity
The Chamber continues to support local Charities and will be presenting Martha's Village &
Kitchen with a check for a portion of the proceeds from the Mayor's Cup Golf Challenge held in
September. In addition, the Chamber has established a "Calendar" of charities whereby a
charity will be chosen per month to be connected to the Chamber and any event held in that
month.
Financial
Currently the Chamber is operating at a Year to Date Net Profit and ended the previous fiscal
year with a Net Profit. Additionally, the Chamber has completed the current Financial Review in
accordance with the Contract for Services and will file the current Tax Return as appropriate.
Additional detail can be found in the following pages.
.a"- 091
Key Statistics:
96o
qe
ever
2-ao�' ae�e
\ca�aory\°
Retail
Icot
Retta_. _..._
29%
Chamber Members by City
December 2011
Total 434
New Members Fiscal YTD
December 2011
Automotive New Members 48
0% Education Financial/Real Estate Hospitality
Service 0% 4% Medical
IRO/
Kazan
24%
Non -Profit
16%
Other
4%
Restaurants Frotessional Services
12% 0 °
Dropped Members Fiscal-YTD
December 2011
Dropped 64
Service
18%
N. 098 t
Business Retention/Promotion and Economic Development
There are several key areas that The Chamber will focus on as it pertains to Business
Retention/Promotion and Economic Development; Village Businesses, Member
Retention, New Members, Member Communications, and Events.
Village Businesses
Village Re ortin 2"d Qtr YTD
Total
Businesses
Contacted
this Qtr
Percentage
Contacted
Contacted
YTD
Percentage
Contacted
Chamber
Members
197
52
26%
96
49%
85
Concerns/Comments:
❑ Why is code enforcement coming out at the beginning of"Season" and
disallowing "sandwich boards?"
❑ When will the Street Fair be brought back?
❑ Rents seem too high!
❑ Our move to "the Village" was a good move
❑ The Taste of La Quinta was a great day for business
❑ Old Town does not seem to be friendly to new business
❑ At the Landlord's mercy
❑ Business is not picking up and costs are too high
Action Taken:
❑ Events continue to be discussed for the Village Area
❑ The Chamber continues to perform numerous Ribbon Cuttings for Village
Businesses and will continue as appropriate.
❑ Meeting with the businesses and discussing ways to enhance business
❑ Continue to work with businesses on Co-op opportunities between members
❑ The La Quinta Chamber of Commerce Village Sign Program continues to be
offered to Chamber and non Chamber members.
❑ The Chamber Team will continue to contact the 100% of the "Village"
Businesses.
❑ Continue utilizing radio and other media to promote events in the "Village" as
appropriate
Events in Process/Proposed
❑ The 6`" Annual Car Show is being planned for January 29, 2012. Last year's
show was a huge success from a vendor and attendee perspective. The
Riverside County Sheriff working the event estimated over 5,000 were in
attendance and for the first time local car Dealers participated in the event.
❑ A Taste of La Quinta 2012, our 3`d Annual event is planned for March 17,
2011 — in Old Town - wine and food festival. Each year has been very
successful and well received by the merchants and participants. The event in
March featured 22 Restaurants and 13 Wineries. Participants were again
treated to great food, wine, and a large commemorative wine glass!
" 099
Member Retention
Summary
For the first quarter of the Fiscal Year of 2011 — 2012 the member retention at 50%
and reduced from the FY-10-11 of 74% due to the timing of past due renewals and
being the "Summer" months. While "New Members" were less than the "Non
Renewal" members, 25 to 28 respectively, New Members on the rise and retention
continues to be an area of focus for the Chamber Team.
Retention Re ortin
Renewals
�4397
FY-10-11
1st Qtr
2nd Qtr
3rd Qtr
4th Qtr
YTD
Available
375
144
120
264
Actual
272
278
72
82
154
Retention %
62%
74%
50%
68%
58%
Drops
245
109
28
36
64
Adds
110
129
25
17
48
Ending
416
455
453
434
434
Comments:
❑ Sign issues still concern many members such as Janice Hall Art Gallery
❑ Businesses' needs a reprieve in the summer months.
❑ Can't the City provide additional monetary support to struggling local
businesses
❑ Dropping all Chamber memberships until begin making money
❑ Business is slow and can not afford the membership
❑ Why are all events in Old Town?
❑ It was commented that GEM advertising was more effective than other
publications
❑ While December was slow it is picking up noted a business on Highway I I I
❑ Business is good not great was indicated by a new member
Action Taken
❑ Discussions with City Staff regarding the "sign" concerns from Members
❑ Implemented two Board driven membership drives that yielded approximately
30 new members
❑ Reviewing a IT Support program to benefit Chamber members
❑ Continue to add value through strategic partnerships such as Office Depot and
offering additional benefits for members
❑ Implemented a "Spending Time ON Your Business" Business to Business
Symposium to assist local businesses, feature members and enhance business
to business activities.
❑ The Chamber Team has increase to contacting 30 businesses a day
❑ President/CEO making face to face calls with existing and new members
❑ Proactively working with the City on signage issues
❑ Developing new events/programs to assist local businesses
❑ Consulting with businesses on ways to enhance their business'
1', 0
New Members
Summary
For the Fiscal Year 2010-2011 new member gains of 129 averaged 11 members per
month and continue to show signs of improving. The Chamber added 19 more than
the previous Fiscal Year. The Chamber continues to work with the City regarding the
new permit reports and continually seeks to improve the process.
New Members
FY 09-10
FY-10-11
Oct
I Nov
I Dec
2nd Qtr
YTD
Total
1 110
129
10
7
0
17
48
Action Taken
❑ New members have slowed down during the holiday season and should begin
to improve through the next two quarters. The Chamber is reviewing an
additional Board of Directors "Membership" drive in the future.
❑ The Chamber Team continues contacting approximately 25 businesses a day
❑ All New Members are invited to the Mayor's Lunch and the Member Forum
as appropriate.
❑ Individual meetings are held to discuss member needs and expectations as
appropriate.
❑ Chamber Board Members continue to assist in the sales process by providing
leads and in some instances going on calls with the Sales Team
Member Communications
Methods of Communication — Email Blasts, The GEM, www.kgchamber.com, City
Map and Business Directory, The Desert Radio Group, Time Warner Cable. -
Web Site
❑ The Chamber is currently revising its website and integrating other
technologies. At the Board Retreat in August the Board has given a higher
priority to updating the website and is anticipated to be complete in February
of 2115.
Web Site
2nd Qtr
Rolling 4
Quarters
Visits
686
2,872
Page Views
1,086
4,433
Page Visits
1.58
1.55
Avg. Time on Site
1.39
1.25
New Visits
84%
82%
Map
❑ The Chamber is currently in production of the latest version and will be
distributed in January 2012.
N 4
101
facebook
❑ The Chamber continues to utilize facebook as a means of communicating with
its members and has invited all members to be "friends" of the Chamber.
Chamber "friends" list continues to grow and is now up to 1,736.
Twitter/E-vite
❑ While the Chamber has discontinued the use of E-vite, it has begun
advertising events on Twitter with noticeable success. The "Lunch Mob"
event has been developed specifically for advertising on Social Media.
Constant Contact
❑ There are weekly email blasts sent out by the chamber to all existing and
former members, approximately 1,600, to promote upcoming Chamber,
Community, and City events. Additionally, members can utilize this service
for a nominal fee.
Events
Events Summary — The Chamber continues to focus on its current lineup of events
and while the economic times have proven to be a challenge for event attendance,
attendance on a percentage of total members is consistent year over year and the
Flash Lunch Mob has focus on "Social Media" and attracting attendees through
facebook, Twitter, and email. The Mayor's Cup Golf Challenge was held at
Mountain View Country Club and back to its traditional date in September.
Events for 2012 include the 6« Annual Car Show is being planned for January
29, 2012 and the Humana Challenge "Kickoff' Breakfast is scheduled for January 17,
2012. Additionally, the Chamber procured a table in the "Champions Lounge" for
members to bring in guests and entertain them for a nominal fee.
While the 2011 "Taste of La Quinta" event in Old Town La Quinta, featuring
22 local restaurants and 13 wineries, drawing hundreds of participants into the
Village area was a great success, the 2012 Taste planes to be even better.
300
250
200
150
100
50
LQCC Event Attendance
Jan 07 - Dec 11
1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5
'07'07'07'07'07'07'08'08'08'08'08'08'09'09'09'09'09'09'10'1 o'1 o't o'1 o't o' 11'11'11'11'11
o Breakfast Network
102
The GEM Newsletter
The GEM ad sales income continues to be favorable to the expense to produce
and deliver the GEM as visible in the charts/graphs below. As you are aware the
GEM is the only Chamber/City newsletter in the Valley distributed to each resident,
Chamber member, and non -Chamber business in La Quinta and equates to
approximately 21,000 depending upon the time of year. Several members report that
their advertisements through the Chamber and specifically the GEM bring in the most
business of any other advertising methods. Additional distribution channels are being
investigated to further the placement of the GEM and our advertisers' visibility in the
community. The Chamber has the ability to print up to 40 pages without an increase
in expense. Currently the GEM has 36 pages.
Gem Metrics
Distribution
FY-10-11
Oct
Nov
Dec
2nd Qtr
YTD
Residents
17,848
17,424
17,424
19,863
18,237
17,819
Members /
Businesses
1,764
2,377
2,388
1,625
2,130
2,235
Total
19,612
19,801
19,812
21,488
20,367
20,053
Expenses
Postage
37,518
3,085
3,123
3,323
9,531
18,859
Printing
64,682
5,417
5,417
5,417
16,250
32,500
Fulfillment
20,201
1,803
1,770
1,773
5,347
10,686
Total
122,401
10,305
10,310
10,512
31,127
62,045
70,000
60,000
50,000
40,000
30,000
20,000
10,000
0
LQCC GEM Ad Revenue
Jul 06 - Dec 11
Jul - Oct Jan Apr Jul - Oct Jan Apr Jul - Oct Jan Apr Jul - Oct Jan Apr Jul - Uct Jan Apr JUI - va
Sep - - - Sep - - - Sep - - - $ep - - - $ep - - - $ep -
06 Dec Mar Jun 07 Dec Mar Jun 08 Dec Mar Jun 09 Dec Mar Jun 10 Dec Mar Jun 11 Dec
06 07 07 07 08 08 08 09 09 09 10 10 10 11 11 11
103
The Visitor's Center
The Visitor Center, located within the Chamber office, continues to draw
people down Washington Street from Highway 111. Folks are encouraged to visit
with the Chamber Team and have a cup of coffee or on occasion have home baked
cookies on Friday. We strive to make the center as user-friendly as possible with
brochure racks and business card racks. We continue to receive well over 5,000
phone calls and approximately 800 visitors per year and the #1 request is for a local
map.
Legislative Items
Legislative items/actions taken by the Chamber were numerous letters of
support for propositions such as Proposition 22. In the most recent months the
Chamber "Supported" keeping the Redevelopment Agencies (RDA's) intact and sent
letters to the Legislators, including the Governor, accordingly. Similarly, the
Chamber Board voted to support the Enterprise Zones which are being scrutinized as
well for State Budget purposes. The Chamber continues to be proactive from a
Legislative perspective and will support/oppose items appropriately.
Annual Financial Review -
The Chamber understands the importance of its fiscal responsibility and is
working constantly to ensure our books are in order. The Chamber has completed the
"Review" process in accordance with our agreement and is in the process of
completing our current tax returns. As a course of business the Chamber proactively
evaluates our processes and procedures to ensure the receipt of fees in a timely
manner and payables are filled as appropriate.
Community/Charity Other
On a Fiscal Year Ending June 2011 the Chamber has provided approximately
$15,000 in direct donations, fund raising, and free advertising, for numerous Valley
Charities and continues to "tie" local Charities to each "Major" Event. In September
the Chamber donated a portion of its Mayor's Cup Golf Challenge to Martha's
Village with the ceremony being held at the December 2011 Mayor's Lunch.
In September the Board voted to become the FIRST HEALNet Chamber in
the Valley and will continue to support healthy lifestyles and choices.
104
78-275 Calle Tampico #B, La Quinta CA 92253
To: Mark Weiss, City Manager, City of La Quinta
Ph: (760) 564-3199 Fax: (760) 564-3111
February 15, 2012
From: David S. Archer, President/CEO, La Quinta Chamber of Commerce
Re: Annual Facilities Report for Period Ending December 2011
The following is the required Annual Facilities Report for the Year ending December
2011 for the La Quinta Chamber of Commerce in accordance with our Contract for
Services.
We appreciate being located in the Library building and look forward to securing a
permanent location for the Chamber Offices.
Do not hesitate to contact me if you have any questions or further requirements.
Respectfully,
l
David S. Archer
President/CEO
La Quinta Chamber of Commerce
Cc: Maria Casillas - City of La Quinta
Chairman of the Board
La Quinta Chamber of Commerce
recection(ciDlgchamber.com - w .lgchambeccom The Voice of Business
..rr 105
Facilities Report
In accordance with the Contract for Service Agreement the Chamber is providing this
Annual update as it pertains to its activities to secure a permanent location. Currently
the Chamber has a Facilities Task Force, consisting of the Chairman of the Board and
two other Executive Committee Members, that meets on a quarterly basis and is
devoted to securing a permanent location for the Chamber.
From a strategic perspective, the Chamber has established a stronger financial base by
utilizing cost cutting measures, revenue enhancements, and focusing on members, to
better position the Chamber for a move to a permanent location.
Additionally, the Task Force is in the process of researching retail space in both the
Village area and the Highway 111 corridor regarding rents and potential locations. An
analysis, prepared by the Task Force, will be completed and presented at the May 2012
Chamber Board meeting.
Discussions with strategic partners, such as the Desert Recreation District, are also
being held concerning synergy, facilities required, and cooperative uses as appropriate.
Items being considered by the Task Force include:
• Location — Village Area, Highway 111 corridor, SilverRock, others
• Rent/Own/Build/Buy — Pricing — Tenant Improvements
• Funding — The Chamber has a "Facilities" fund at a local bank and is utilizing a
portion of "Special Event" income to grow the fund. Other sources such as a
"Building Campaign" could be utilized to raise additional capital as necessary.
• Economic Conditions
The Chamber doesn't anticipate a move sooner than eighteen months or longer than
the current lease agreement, ending November 30, 2014, with the City of La Quinta and
will continue to pursue a permanent location for its offices and operations.
..a 106
DEPARTMENT REPORT: 5A
La Quinta Public Library Quarterly Report
October 2011—December 2011
Circulation
The La Quinta Public Library circulated 61,249 items in the Second Quarter of
2011-2012. During this three month period the library was open 705 hours with
an average hourly circulation of 87 items
Public Computer Usage
During this quarter, 9,473 computer sessions were logged on the library's 28
public access computers. Public computers are used by all ages: students use the
computers for both recreation and their school work; tourist and short-term visitors
keep in touch with work, family, or check travel arrangements; and, people who
know nothing about computers come to the library for computer classes. The
library also provides free Wi-Fi access for residents and visitors with laptop
computers.
Door Count
This quarter 51,721 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 October 1 and December 31 library staff issued 519 new
library cards and replaced 398 lost cards. As of December 31, 2011, La Quinta
Library had 39,388 registered borrowers.
Weekly Programming
A Preschool Storytime for children 3y: to 5 years old was held ten Tuesday
mornings during the quarter. A total of 299 children attended.
A weekly On -the -Lap Storytime Program for parents with babies and toddlers was
held prior to the Preschool Storytime. Ten programs were attended by 500
participants.
The weekly Conversational Spanish Class is held Monday evenings in the Library
Classroom. The seven sessions were attended by 148 adult students. This is
more than double the attendance for the same session last year.
Special Programs
On October 30, 2011, the library held its second Day of the Dead. This cultural
event was celebrated with music, food, crafts for children and altars honoring the
lives of musicians. Over 250 people attended this Sunday afternoon program.
107
Special No -School -Today Movies occur on weekdays when the library is open and
students are out of school. The whole movie experience is replicated from picking
up a ticket, getting popcorn, and watching a new release movie on the big screen
(Classroom wall). Attendance for the two movie days this quarter was 110 people.
Evening with Friends programs were held on the third Thursday of October and
November. One hundred twenty people attended the two programs.
Volunteers
During this quarter 56 volunteers donated 570 hours of time. Volunteers worked
in the book store, shelved returned books in the library, helped with programs, and
performed a myriad of other tasks.
Friends of the Library
The La Quinta Friends of the Library continue to offer support in all areas. This
quarter they paid for the library's movie licensing agreement, purchased
refreshments for programs, and provided incentives for the 2012 Summer Reading
Program. Without the help of the Friends, programs such as the Day of the Dead
and Evening with Friends would not be possible.
Outreach to Schools
Seven classes from local elementary schools visited the library during the Second
Quarter. The 252 students heard seasonal stories and toured the library. The
tours introduced the children to the variety of books and subjects in the nonfiction
section of our library. The library also took story programs to three elementary
school 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 joint Library and Senior Center mystery book club that began in September
continued through November. The library provided books and discussion topics
while the Senior Center provided speakers to give background on the subjects.
The library taught a three -session series of Beginning Beginner Computer Classes.
This is a program that ties into the classes taught by Andy Lorenz at the Senior
Center. The library classes teach basic skills needed to move on to the more
advanced classes. The class covers mouse skill, an introduction to the keyboard,
the desk top, and maneuvering about a web page. All three session were filled to
capacity.
41 108
La Quinta Library Expenditures
July 1, 2011 — December 31, 2011
Library Contract
ExpenditureslLSSI)
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
Labor & Benefits
$98,947.18
$97,192.94
$196,140.12
Materials, Net of
Donations
$1,236.67
$1,236.67
La Quinta
Collection/Books
$ 54,969.89
$ 54, 969.89
Utilities
$149.96
$149.96
Automation & Courier
$16,278.01
$16,320.92
$32,598.93
Other Direct Costs
$1,263.30
$3,023.56
$4,286.86
Zone Administration
$6,751.33
$6,839.34
$13,590.67
Shared Costs
$9,072.28
$9,190.55
$18,262.83
Library Contract
Expenditures
$132,462.06
$188,773.87
$321,235.93
County Expenditures
7/1/11 to
9/30/11
10/1/11 to
12/31/11
1/1/12 to
3/31112
4/1/12 to
6/30/12
Total Year to
Date
Personnel
$396.71
$5.05
$401.76
Insurance
$13,097.96
$777.48
$13,875.44
Miscellaneous
Expenses
$3,782.11
$27.45
$3,809.56
Miscellaneous
Maintenance Charges
$189.39
$210.98
$400.37
Special Program
Expenses
$8,575.02
$6,590.95
$15,165.97
Accounting Costs
$80.03
$55.42
$135.45
Travel and Conferences
0
Support Services
$20,490.25
$68,134.62
$88,624.87
County Expenditures
$46,611.47
$75,801.95
$122,413.42
TOTAL EXPENDITURES $179,073.53 $262,575.82 1 1 $443,649.35
109
La Quinta Museum Quarterly Report
October 2011—December 2011
Visitors
The 1,044 people who visited the museum this quarter to view the exhibits and
special mural in the meeting room ranged from preschoolers with their parents to
adults of all ages.
Exhibits
The two exhibits on display this quarter were California Pioneers and Gold Fever!
The Untold Stories of the California Gold Rush. Transforming the Museum's upper
galleries in September, the California Pioneers features a working telegraph system,
a life-size covered wagon, and Civil War artifacts. Gold Fever!, a traveling exhibit
on loan from California Exhibition Resource, showcases the remarkable stories of
individual Californians, women, Native Americans, and gold -seekers emigrated from
across the globe during the tumultuous Gold Rush era.
Programming
Three sessions of the Preschool Story Time for children ages 3-5 were held on the
first Wednesday of each month. A total of 75 children attended these programs.
The story time program is a successful collaboration between the La Quinta
Museum and the La Quinta Library.
The 201 1-2012 start of the popular First Friday series of the evening program
came in November with a concert by country music performer Daymor Moses and
the Highway 111 Band. A total of 76 people turned out for the show. There was
no First Friday event at the Museum in December because it would have been in
conflict with the City's special "Tree Lighting" event.
A special Western Film Festival was held at the La Quinta Library on Thursday
afternoons during the month of October. Each of these film showings, a
programmatic offshoot of the California Pioneers exhibit, were attended by more
than 40 people.
Another special event included a lecture on California's connection to the Civil War
in conjunction with the La Quinta Historical Society. Thirty-one people attended
that program.
The Civil War Re-enactment which commemorated the 1501" Anniversary of the
Civil War drew a crowd of more than 3,000 to Lake Cahuilla Park! The event,
which also referenced the Civil War artifacts in the California Pioneers exhibit, was
presented in cooperation with Riverside County Regional Parks and Open -Space
District, the American Civil War Society, and the City of La Quinta.
110
The La Quinta Museum also hosted several field trips from local elementary schools
as well as a group of homeschoolers during this quarter bringing 143 children to
visit the facility.
Gift Shop
Total sales in the gift shop this quarter was $1,034.76. The museum had added
special merchandise such as cowboy hats, Civil War bullets, and train whistles
during the last quarter to coincide with the museum's California Pioneers exhibit.
La Quinta Museum Expenditures
July 1, 2011 — December 31, 2011
Museum Personnel
Costs
7/1/11 to
9130/11
10/1/11 to
12/31/11
111/12 to
3/31/12
4/1112 to
6130/12
Total Year to
Date
Salaries
$29,625.00
$29,625.00
$59,250.00
Total Personnel Costs
$29,625.00
$29,625.00
$59,250.00
Museum
Programming 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
Special Speaker
$5,548.50
$5,550.00
$11,098.50
Printing
$1,392.56
$1,882.47
$3,275.03
Total Programming
Costs
$6,941.061
$7,432.471
$14,373.53
Other Costs
7/1111 to
9/30/11
10/1/11 to
12/31/11
1/1/12 to
3/31/12
4/1112 to
6/30/12
Total Year to
Date
Travel
$ 82.14
$ 82.14
Supplies
$14,043.37
$4,043.22
$18,086.59
Miscellaneous
$4,416.81
$689.77
$5,106.58
Total Other Costs
$18,542.32
$4,732.99
$23,276.31
OTAL
EXPENDITURES
$55,108.38
$41,790.46
$96,898.84
112
Department Report:
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y OF T 9
TO: The Honorable Mayor and Members of the City Council
FROM: Les Johnson, Planning Direct
DATE: March 6, 2012
SUBJECT: Department Report - Indio Polo Fields Goldenvoice Concerts — Status
Update
Since the last Council update on February 7, 2012, staff attended follow-up
Homeowners' Association (HOA) meetings on February 9 and February 15 with
Rancho Santana, Carmela, La Quinta Polo Estates, Estancia, and La Cantera.
Representatives from Goldenvoice and the Cities of Indio and La Quinta discussed
mitigation measures addressing concerns raised from previous meetings with
regards to dust control, noise, traffic, access control, security and pedestrian
traffic. Comments provided by the HOA representatives, during these meetings
were positive and supportive of the efforts made to mitigate the concerns raised.
Representatives from both cities and Goldenvoice also indicated that key staff will
be available during all three concert weekends to receive and respond to any issues
that might arise. Contact information will be provided prior to the concerts.
Staff also attended the Concerts general operations meetings held on February 16
and March 1, 2012. The meetings focused on shuttle service (22,000 shuttle
tickets sold to date), further review of the parent/taxi drop-off area to be located at
the northeast corner of Avenue 52 and Madison, and a brief review of the Media
Plan. The next general operations' meeting is scheduled for March 15, 2012.
The Media Plan is scheduled to go into effect starting the third week of March and
will intensify leading up to and during the three weekends. The Plan calls for
utilizing local TV stations, The Desert Sun, The Indio/La Quinta Sun, local radio
stations, as well as other La Quinta resources (Chamber of Commerce, LQYSA,
Community Services e-newsletter, Facebook, Tourism website, etc.). The media
blast will focus upon ingress/egress routes and times, alternate routes, road
closures, taxi and parent drop off and pick-up locations, and the concert hotline.
to 113
Department Report: I g
� T•n C
i
U ~i
OF T1
TO: The Honorable Mayor and Members of the City Council
FROM: Les Johnson, Planning
DATE: March 6, 2012
SUBJECT: General Plan Monthly Update
Staff recently received the draft results of the revised Traffic Impact Analysis and
is currently reviewing the data. Inaccurate build -out assumptions in the
unincorporated area within and near Vista Santa Rosa from earlier County -supplied
data resulted in inflated traffic count projections. These projections were recently
revised to more accurately estimate future traffic impacts based upon current
County General Plan land use designations for the subject unincorporated area.
A number of elements in the General Plan rely on data from the Traffic Impact
Analysis including noise, air quality, land use and environmental review. These
items cannot be completed until the Traffic Impact Analysis and accompanying
model is accepted. Upon acceptance, staff will complete reviewing and editing the
draft Environmental Impact Report (DEIR) and the remaining elements, the last
major tasks involved in the process before the public review period can begin.
Staff is still preparing to bring forth, for preliminary discussion and consideration,
key land use and traffic items to the Planning Commission and City Council
sometime later this spring. Once the draft Environmental Impact Report and
General Plan are completed, staff will resume its public outreach program.
N 114