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2012 08 07 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 I La Quinta, California Regular Meeting TUESDAY, AUGUST 7, 2012 at 4:00 P.M. Beginning Resolution No. 2012-046 Ordinance No. 501 CALL TO ORDER Roll Call: Council Members: Evans, Franklin, Henderson, Osborne and Mayor Adolph CLOSED SESSION — NONE PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS 1. PRESENTATION TO FINANCE DIRECTOR WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF JULY 17, 2012 CITY COUNCIL AGENDA 1 AUGUST 7, 2012 001 CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED AUGUST 7, 2012 2. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 33076-1, THE MADISON CLUB, EAST OF MADISON, LLC 3. APPROVAL TO EXCUSE COMMISSIONER HEATHER ENGEL FROM THE SEPTEMBER 10, 2012 COMMUNITY SERVICES COMMISSION MEETING 4. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 500 AMENDING CHAPTER 2.60 SECTION 2.60.020 RELATING TO THE CITY OF LA QUINTA CONFLICT OF INTEREST CODE 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SERVICES RECREATION SUPERVISOR TO ATTEND THE AQUATIC FACILITY OPERATOR CERTIFICATION COURSE TO BE HELD OCTOBER 14-1.5, 2012 IN ANAHEIM, CALIFORNIA 6. ACCEPTANCE OF SENIOR CENTER HVAC UPGRADE PROJECT, PROJECT NO. 2011-13 7. RATIFICATION OF CITY MANAGER APPROVAL OF FIRST AMENDMENT AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF LA QUINTA FOR THE COACHELLA VALLEY VIOLENT GANG TASK FORCE 8. APPROVAL OF THE PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE, AND AUTHORIZATION TO ADVERTISE FOR BID, THE FRED WARING DRIVE MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2011-04 9. APPROVAL OF ASSIGNMENT AND ASSUMPTION AGREEMENTS FOR TRACT MAP 32879, GRIFFIN RANCH, IOTA GRIFFIN, LLC 10. ADOPTION OF RESOLUTION ACCEPTING A DONATION FROM PHYLLIS LEWIS 11. APPROVAL FOR A REQUEST FOR QUALIFICATIONS FOR REAL ESTATE ANALYSIS SERVICES AND AUTHORIZE STAFF TO CIRCULATE CITY COUNCIL AGENDA 2 AUGUST 7, 2012 '+ 002 BUSINESS SESSION 1. CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN FINANCIAL SERVICES FOR FEASIBILITY OF EITHER A CITYWIDE PARK, OPEN SPACE AND TRAIL ASSESSMENT DISTRICT OR SPECIAL TAX AND PREPARATION OF THE PRELIMINARY ASSESSMENT FORMATION REPORT FOR SEVERAL NORTH LA QUINTA SUBDIVISIONS CURRENTLY RECEIVING SPECIAL BENEFIT 2. CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH HENSON CONSULTING GROUP TO FACILITATE A MUNICIPAL SERVICES DELIVERY OPTION REVIEW, AND APPROPRIATION OF $125,000 OF UNUSED FISCAL YEAR 2011/12 LEGAL EXPENDITURE FUNDS TO THE CONTRACT SERVICES ACCOUNT 3. CONSIDERATION OF A CONTRACT TO CONSTRUCT THE PM-10 STABILIZATION OF CITY -OWNED PROPERTIES, PROJECT NO. 2011-12 4. CONSIDERATION OF FORMATION AND APPOINTMENT OF TWO MEMBERS TO AN AD HOC COMMITTEE TO REVIEW GRANT REQUESTS 5. CONSIDERATION TO APPOINT A REPRESENTATIVE TO THE COACHELLA VALLEY CONSERVATION COMMISSION'S TRAILS MANAGEMENT SUBCOMMITTEE 6. CONSIDERATION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 33076- 1, THE MADISON CLUB, EAST OF MADISON, LLC 7. CONSIDERATION OF AUTHORIZATION FOR THE CITY MANAGER AND CITY ATTORNEY TO TAKE ALL STEPS NECESSARY TO ENFORCE THE CITY'S RIGHTS UNDER THE BONDS, INCLUDING THE INITIATION OF LITIGATION AGAINST TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA AND LA QUINTA DEVELOPERS, LLC AS NECESSARY TO COMPLETE IMPROVEMENTS FOR TRACT MAP NO 30138, DIAMANTE STUDY SESSION 1. DISCUSSION OF THE CITY'S FINANCIAL STATUS AND MEASURES TO BALANCE MUNICIPAL REVENUES AND EXPENDITURES 2. DISCUSSION OF TAX SHARING REQUEST BY KENNY SOWELL TO FACILITATE EXPANSION PLANS FOR HYUNDAI AND DODGE, CHRYSLER, JEEP AND RAM TRUCKS CITY COUNCIL AGENDA 3 AUGUST 7, 2012 003 REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (FRANKLIN) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (OSBORNE) 5. C.V. CONSERVATION COMMISSION (EVANS) 6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT COX) 7. C.V. MOUNTAINS CONSERVANCY (FRANKLIN) 8. C.V.W.D. 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. GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU (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) DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE TO PUBLIC COMMENT B. UPDATE ON LA QUINTA CHAMBER OF COMMERCE NEW WEBSITE 2. CITY ATTORNEY 3. CITY CLERK - NONE 4. BUILDING & SAFETY DEPARTMENT REPORT - NONE 5. COMMUNITY SERVICES DEPARTMENT REPORT - NONE 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT - GENERAL PLAN MONTHLY UPDATE 8. PUBLIC WORKS DEPARTMENT REPORT - NONE 9. POLICE DEPARTMENT REPORT - NONE 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO THE MEETING OF THE CITY AS SUCCESSOR AGENCY TO THE DISSOLVED LA QUINTA REDEVELOPMENT AGENCY, FOLLOWED BY THE LA QUINTA HOUSING AUTHORITY MEETING RECONVENE AT 7:00 P.M. CITY COUNCIL AGENDA 4 AUGUST 7, 2012 ,4 004 PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS — NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING THE PLACEMENT OF PUBLIC NUISANCE ABATEMENT ASSESSMENTS ON THE 2012/2013 PROPERTY TAX ROLL ADJOURNMENT The regular meetings of August 21, 2012 and September 4, 2012 have been cancelled. The next regular meeting of the City Council will be held on September 18, 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, Yvonne Franco, Interim Deputy 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 111, on August 3, 2012. DA August 2,W YV NE FRANCO, Interim Deputy City Clerk City of La Quinta, California CITY COUNCIL AGENDA 5 AUGUST 7, 2012 ;, ' 005 Public Notices • The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty-four (24) hours in advance of the meeting and accommodations will be made. • If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777-7103. A one (1) week notice is required. • If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. • Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. CITY COUNCIL AGENDA 6 AUGUST 7, 2012 006 T ^ Di OF TttF MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Yvonne Franco, Interim Deputy City Clerk VIA: Frank J. Spevacek, City Manage DATE: August 7, 2012 SUBJECT: Conflict of Interest The following conflict(s) of interest due to the proximity of residence has been identified by staff for an item(s) on the June 5, 2012 City Council agenda. Council Member Franklin - Agenda Item: Consent Calendar 9 APPROVAL OF ASSIGNMENT AND ASSUMPTION AGREEMENTS FOR TRACT MAP 32879, GRIFFIN RANCH, IOTA GRIFFIN, LLC cc: City Manager City Attorney Department Directors w _. 007 CTTY AMANA MEETING DATE: Auqust 7, 2012 ITEM TITLE: Approval of Demand Register Dated August 7, 2012 RECOMMENDATION: Approve Demand Register Dated August 7, 2012 BACKGROUND AND OVERVIEW: Prepaid Warrants: 96542 - 96567 } 96568 - 96596 } Voids) Wire Transfers} P/R 36659 — 36666 } P/R Tax Transfers } Payable Warrants: 96597 - 96693} FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: j— STUDY SESSION: PUBLIC HEARING: $26,562.50 $100,193.92 $-246.00 $558,923.91 $193,967.60 $52,828.52 $1,562,873.34 $2,495,103.79 Demand of Cash City $2,495,103.79 Demand of Cash -Successor Agency of RDA $0.00 Demand of Cash — HA $0.00 .Respectfully submitted, t4v�� John M. Falconer, Finance Director 11: Approved for submission by: J. S¢dkacek, City Manager CITY OF LA QUINTA BANK TRANSACTIONS 7/11/12 - 7/24/12 07/18/12 WIRE TRANSFER - LANDMARK 07/19/12 WIRE TRANSFER - PIERS 07/20/12 WIRE TRANSFER - ICMA 07/20/12 WIRE TRANSFER - LQCEA 07/20/12 WIRE TRANSFER - CA JOINT POWERS 07/24/12 WIRE TRANSFER - TASC TOTAL WIRE TRANSFER OUT $101,822.55 $57,363.47 $10,100.29 $145.00 $388,160.00 $1,332.60 $558,923.91 " 010 PREPARED 07/12/2012, 10:44:16 EXPENDITURE APPROVAL LIST PAGE 1� PROGRAM: CITY OF GM339L - LA OUINTA, CALIFORNIA AS OF: 07/13/2012 CHECK DATE: 07/13/2012 ri ------------------------------------------------------------------------------------------------------------------------------------� VEND NO SE08 VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK EFT, EPAY OR HAND -ISSUED NO ------------------------------------------- NO NO DATE NO DESCRIPTION -AMOUNT ---------------------------------------------------------------------------------------- AMOUNT 1 0004905 00 CALIFORNIA BUILDING STANDARDS COMM APR-JUN 004122 00 07/13/2012 101-0000-203.06-00 ADMIN FEES APR-JUN- 004123 00 07/13/2012 101-5000-342.85-00 ADMIN FEES 0006706 00 CATYLIST CONSULTING INC VENDOR TOTAL * 7513 004121 00 07/13/2012 101-1003-413.53-04 SUBSCRIPTIONS 0004115 00 CHECKMATE TELEPHONE EXCHANGE VENDOR TOTAL * 120602190101 004132 00 07/13/2012 101-7003-431.56-52 ANSWERING SVC 0005969 00 COACHELLA VALLEY CONSERVATION VENDOR TOTAL * JUN'12 004125 00 07/13/2012 101-0000-203.10-00 MITIGATION FEE JUN'12 004126 00 07/13/2012 101-6000-343.98-00 MITIGATION FEE 0000189 00 DEPARTMENT OF CONSERVATION VENDOR TOTAL * APR-JUN 004119 00 07/13/2012 101-0000-203.08-00 MOTION/SEISMIC FEES APR-JUN 004120 00 07/13/2012 101-5000-342.81-00 MOTION/SEISMIC FEES 0005722 00 DORSEY, PAMELA J VENDOR TOTAL * JUN'12 004130 00 07/13/2012 241-9101-705.10-10 HOUSING COMM MTG JUN'12 004131 00 07/13/2012 242-9201-706.10-10 HOUSING COMM MTG 0000940 00 FUELMAN VENDOR TOTAL * NP34881544 004116 00 07/13/2012 501-0000-511.43-34 JUN-FUEL 0000136 00 GAS COMPANY, THE VENDOR TOTAL * 16568248591 004117 00 07/13/2012 101-5055-422.41-13 ST093 GAS SVC 0000036 00 HOME DEPOT CREDIT SERVICES VENDOR TOTAL * 9114498 004132 00 07/13/2012 101-3006-451.43-01 MUSEUM SUPPLIES 4113621 004132 00 07/13/2012 101-5008-419:43-88 FOUNTAIN PUMP 4024011 004132 00 07/13/2012 101-5055-422.43-61 ST032 MAINT 2024572 004132 00 07/13/2012 101-5055-422.43-61 ST870 SUPPLIES 1024678 004132 00 07/13/2012 101-5055-422.43-61 STk70 MAINT 9022719 004132 00 07/13/2012 101-7003-431.56-58 PAINT 9104690 004132 00 07/13/2012 101-7003-431.56-52 MATERIAL 8023019 004132 00 07/13/2012 101-7003-431.56-52 SUPPLY/MATERIAL 8052570 004132 00 07/13/2012 101-7003-431.56-52 SUPPLY/MATERIAL 4023956 004132 00 07/13/2012 101-7003-431.56-58 PAINT LEGENDS 3024252 004132 00 07/15/2012 101-7003-431.56-52 SUPPLY 5020252 004132 00 07/13/2012 101-7003-431.56-52, MATERIAL 1012391 004132 00 07/13/2012 101-7003-431.56-52 MATERIAL 733.00 30.00- 703.00 11550.00 1,550.00 119.33 119.33 6,270.00 62.70- 6,207.30 899.02 44.95- 854.07 25.00 25.00 50.00 1,486.16 1,486.16 74.96 74.96 26.36 90.13 14.33 105.60 6.44 237.05 84.49 32.20 88.09 363.66 12.19 18.20 51.32 PREPARED PROGRAM: 07/12/2012, 10:44:16 GM339L EXPENDITURE APPROVAL LIST. PAGE 2 CITY OF ------------------------------------------------------------------------------------------------------------------------------------ LA QUINTA, - CALIFORNIA AS OF: 07/13/2012 CHECK DATE: 07/13/2012 VEND NO SEQ# VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM EFT, EPAY OR NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION CHECK AMOUNT HAND -ISSUED AMOUNT N 0000036 00 HOME DEPOT CREDIT SERVICES CD 32484 484 004132 00 07/13/2012 101-7003-431.56-52 MATERIAL 10.74 4023844 004132 00 07/13/2012 004132 101-7004-431.56-37 GRAFFITI 213.35 3024105 00 07/13/2012 004132 101-7004-431.56-37 GRAFFITI MATERIAL 30.46 6032815 00 07/13/2012 004132 00 07/13/2012 101-7004-431.56-52 101-7004-431.56-52 IRRIGATION -ELECTRICAL MATERIAL 1.87 _ 2113931 004132 00 07/13/2012 101-7004-431.56-52 MATERIAL/SUPPLY 546.20 128.54 0000269 00 IMPERIAL IRRIGATION DIST VENDOR TOTAL r 2,061.22 50439675 004132 00 07/13/2012 101-5054-421.41-01 ELECTRIC SVC 329.73 50174303 004132 00 07/13/2012 101-5054-421.41-01 ELECTRIC SVC 309.03 0000863 00 IMPERIAL IRRIGATION DIST VENDOR TOTAL + 638.76 4014611 004133 00 07/13/2012 401-1870-551.45-01 CONNECTION FEES 1,315.61 0006718 00 INNOTECH PRODUCTS, LTD � VENDOR TOTAL ■ 11315.61- HMSQ4239 004134 00 017/13/2012 101-5056-425.56-31 SUPPLIES -MEALS 370.68 0005441 00 KELLEHER NAPPING INC VENDOR TOTAL * 370.68 2012030 004124 00 07/13/2012 101-1003-413.32-07 PCN11037 PARCEL MAP 750.00 0002076 00 KOCHELL, STEVE VENDOR TOTAL ■ 750.00 KOCHELL 000033 00 07/13/2012 101-1004-413.32-07 FITNESS CTR REIMB 40.00 0006431 00 LEAF - VENDOR TOTAL • 40.00 3937601 000033 00 07/13/2012 101-4002-415.56-29 WATER COOLER 263.99 0006569 00 -MCDONOUGH, MICHELE VENDOR TOTAL ■ 263.99 JUN'12 JUN'12 004128 00 07/13/2012 - 241-9101-705.10-10 HOUSING COMM MTG 25.00 004129 00 07/13/2012 242-9201-706.10-10 HOUSING COMM MTG 25.00 0000040 00 NEXTEL COMMUNICATIONS VENDOR TOTAL • 50.00 916525027119 004114 00 07/13/2012 101-4002-415.41-25 MOBILE PH 5/23-6/22 1,337.55 0006717 00 OFF THE GRID SURVIVAL STORE VENDOR TOTAL ■ 1,537.35 I3293 000030 00 07/13/2012 101-5056-425.56-31 EMERGENCY SUPPLIES 1,066.46 - 0004974 00 PALM SPRINGS MOTORS INC VENDOR TOTAL * 1,066.46 294541 004132 00 07/13/2012 218-0000-421.43-88 SWAT VEHICLE 1,338.52 0006070 00 PRECISION WALLDESIGN INC VENDOR TOTAL ■ 1,338.52 m PREPARED 07/12/2012, 10:44:16 EXPENDITURE APPROVAL LIST PAGE 3 .—1 PROGRAM: GH339L AS OF: 07/13/2012 CHECK DATE: 07/13/2012 O CITY OF LA OUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SE0O VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT -.. 0006070 00 PRECISION WALLDESIGN INC 1277 000029 00 07/13/2012 401-1863-551.45-01 DRYWALL/DOORS 575.00 0006716 60584 60584 2347 0000150 4280957 0005508 6451 0002290 771-3100 UHO-2778 00 SABALA, RACHEL 000032 00 07/13/2012 101-0000-228.30-00 REFUND 000031 00 07/13/2012 101-3000-342.60-00 REFUND 000033 00 07/13/2012 101-3000-342.60-00 REFUND 00 SPARKLETTS 004127 00 07/13/2012 00 SPEEDY AC & HEATING 004115 00 07/13/2012 00 VERIZON CALIFORNIA 004133 00 07/13/2012 004133 00 07/15/2012 0000068 00 VERIZON COMMUNICATIONS 1160767123 004133 00 07/13/2012 0000753 00 WIRELESS WATCHDOGS 105718 004132 00 07/13/2012 VENDOR TOTAL VENDOR TOTAL * 101-5054-421.41-16 WATER SVC VENDOR TOTAL * 401-1863-551.45-01 REHAB-NAVARRO VENDOR TOTAL x 101-3005-451.40-16 SPORTS COMPLEX 101-5054-421.43-62 DATA LINE VENDOR TOTAL ■ 101-4002-415.41-22 INTERNET 6/25-7/24 VENDOR TOTAL ■ 101-4002-415.41-25 MAINT 6/14-7/13 VENDOR TOTAL a TOTAL EXPENDITURES ■■ GRAND TOTAL *••...x 575.00 100.00 300.00 35.00 435.00 113.80 113.80 4,600.00 4,600.00 35.81 277.49 313.30 79.99 79.99 168.00 168.00 26,562.50 26,562.50 PREPARED 07/19/2012, 11:27:09 EXPENDITURE APPROVAL LIST PAGE 1 '--1 PROGRAM: CITY OF ________________________________________________________________________________________________________________ GM339L LA pUINTA, CALIFORNIA AS OF: 07/20/2012 CHECK DATE: 07/20/2012 O ND NO SEp# VENDOR NAME ____________________ INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM EFT, EPAYOR ' NO ____________________________________________________________________________________________________________________________________ NO NO DATE NO DESCRIPTION CHECK AMOUNT HAND -ISSUED AMOUNT •' 0006226 00 BIG BEAR LAKE, CITY OF 2471 004166 00 07/20/2012 101-3003-451.56-02 EXCURSION TKTS 608.00 0006474 00 BRAD'S GARAGE DOOR SERVICE VENDOR TOTAL ■ 608.00 353276 000049 00 07/20/2012 401-1863-551.45-01 REHAB-NAVARRO 100.00 0006669 00 CAHA, BECKV VENDOR TOTAL * 100.00 3 000047 00 07/20/2012 241-9101-705.32-10 7/115/12 HSNG PRGM 1,317.06 0000133 00 CALPERS LONG-TERM CARE PROGRAM VENDOR TOTAL ■ 1,317.06 20120720 PR0720 00 07/20/2012 101-0000-209:49-00 PAYROLL SUMMARY 106.00 0000268 00 COACHELLA VALLEY WATER DIST VENDOR TOTAL ■ 106.00 110521324960 004166 00 07/20/2012 101-3005-451.40-07 WATER SVC 994.54 VARIOUS 004166 00 07/20/2012 101-3006-451.41-16 WATER SVC 128.95 506321876120 004166 00 07/20/2012 101-7006-431.32-15 WATER SVC 1,791.16 0003044 00 COMMAND ONE SECURITY VENDOR TOTAL ■ 2,914.65 70953 000049 00 07/20/2012 218-0000-421.30-30 JUL-SEP MONITORING 66.00 0006506 00 DESERT BUSINESS MACHINES VENDOR TOTAL ■ 66.00 AR103208 004167 00 07/20/2012 218-0000-421.43-88 MAINT 8 REPAIR 113.05 0000211 00 DESERT SUN PUBLISHING CO VENDOR TOTAL • 113.05 1566 004164 00 07/20/2012 101-4001-415.55-01 ADS 183.12 1597 004165 00 07/20/2012 101-6001-463.55-01 ADS 208.74 0006244 00 DSW SHOE WAREHOUSE VENDOR TOTAL ■ 391.86 BL#102556 BUSINESS 003660 00 05/22/2012 101-1000-321.00-00 REFUND CHECK #: 95951 73.00- LIC 003680 00 05/22/2012 101-1000-321.00-00 REFUND CHECK #: 95951 173.00- 0000269 00 IMPERIAL IRRIGATION DIST VENDOR TOTAL • .00 246.00- VARIOUS 004157 00 07/20/2012 101-7004-431.41-04 ELECTRIC SVC 181.38 VARIOUS 004158 00 07/20/2012 101-7004-431.41-07 ELECTRIC SVC 47.44 0002958 00 IMPERIAL IRRIGATION -GANG TASK FORCE VENDOR TOTAL • 228.82 50206738 004167 00 07/20/2012 218-0000-421.40-15 ELECTRIC 5/31-6/28 457.36 0006431 00 -LEAF VENDOR TOTAL ■ 457.36 PREPARED 07/19/2012, 11:27:09 EXPENDITURE APPROVAL LIST PAGE 2 PROGRAM: GM339L AS OF: 07/20/2012 CHECK DATE: 07/20/2012 CITY OF ---------------------------.--------------------------------------------------------------------------------------------------------- LA OUINTA, CALIFORNIA VEND NO SEO# VENDOR NAME EFT., EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT - AMOUNT 0006431 00 LEAF 3954343 000047 00 07/20/2012 101-4002-415.56-29. WATER COOLER 52 80 0005775 7612003 7612004 7612005 0003694 AUG'12 0003021 21934 0000082 APR-JUN 0000045 640118 640119 640120 640121 640122 640124 640125 640126 640127 640128 640123 0005692 REIMB 00 MOYA, DANIEL VENDOR TOTAL * 000047 00 07/20/2012 101-5004-424.34-04 DWELLING ABATEMENT 000047 00 07/20/2012 101-5004-424.42-07 WEED ABATEMENT 000047 00 07/20/2012 101-5004-424.42-07 WEED ABATEMENT 00 PAUL, JAMES & SHARON VENDOR TOTAL * 000047 00 07/20/2012 101-5054-421.44-04 SUBSTATION RENT 00 POLAR BARR AIR CONDITIONING INC. VENDOR TOTAL * 004163 00 07/20/2012 401-1876-551.45-01 SR CTR HVAC 00 RIVERSIDE COUNTY VENDOR TOTAL * 004161 00 07/20/2012 101-5004-424.31-19 CITATION REV VENDOR TOTAL * 00 RUTAN & TUCKER 004175 00 07/20/2012 004175 00 07/20/2012 004175 00 07/20/2012 004175 00 07/20/2012 004175 00 07/20/2012 004175 00 07/20/2012 004175 00 07/20/2012 004175 00 07/20/2012 004175 00 07/20/2012 004175 00 07/20/2012 004175 00 07/20/2012 00 SMITH, REBECCA 004162 00 07/20/2012 0000150 00 SPARKLETTS 57070512 004156 32062212 004155 101-1001-411.32-01 GENERAL 101-1001-411.32-01 PERSONNEL GENERAL 101-1001-411.32-04 LITIGATON GENERAL 101-1001-411.32-01 CODE ENFORCEMENT 101-1001-411.52-04 LIG/PUBLIC WORKS 101-1001-411.32-01 SILVERROCK 101-1001-411.32-01 SRR TRADEMARK 101-1001-411.32-01 TELECOMMUNICAITONS 101-1001-411.32-01 ADAMS ST BRIDGE 101-1001-411.32-01 GRIFFIN RANCH 241-9101-705.32-01 HOUSING AUTHORITY VENDOR TOTAL * 101-5054-421.56-02 OFFICE SUPPLIES VENDOR TOTAL * 00 07/20/2012 101-5054-421.41-16 WATER 00 07/20/2012 101-7003-431.56-02 WATER 0002816 00 TIME WARNER -GANG TASK FORCE 7800317150 004167 00 07/20/2012 0006228 00 TOTALFUNDS BY HASLER VENDOR TOTAL * 218-0000-421.42-16 CABLE 6/29-7/28 VENDOR TOTAL * 52.80 11600.00 130.00 - 500.00 2,230.00 6,721.95 6,721.95 45,083.55 45,083.55 1,536.67 1,556.67 5,712.00 7,528.35 1,114.00 3,176.42 110.45 72.00 72.00 336.00 6,291.04 1,854.00 1,145.58 27,411.84 25.86 25.86 79.07 225.05 304.12 58.32 58.32 O C PREPARED 07/19/2012, 11:27:09 EXPENDITURE APPROVAL LIST cD PAGE 3 PROGRAM: GM339L AS OF: 07/20/2012 CHECK DATE: 07/20/2012 CITY OF LA ------------------------------------------------------------------------------------------------------------------------------------ QUINTA, CALIFORNIA -C) VEND NO SEQN VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND-ISSUEDr? ---NO--------------NO---NO DATE -------------------NO ----------------------------------- DESCRIPTION AMOUNT AMOUNT --------- , 0006228 00 TOTALFUNDS BY HASLER 8309 000047 00 07/20/2012 101-4002-415.51-31 CITY POSTAGE 4,000.00 0004621 00 TOWER ENERGY GROUP VENDOR TOTAL ■ 4,000.00 9749356IN 004160 00 07/20/2012 501-0000-511.43-34 FUEL 6/15-30/12 2,978.99 0006720 00 TYCO INTEGRATED SECURITY VENDOR TOTAL ■ 2,978.99 75582378 000048 00 07/20/2012 101-3002-451.41-30 AUG-ALARM 307.51 75582394 000048 00 07/20/2012 101-3005-451.43-59 AUG-LQ PARK 76.63 75582367 000047 00 07/20/2012 101-3006-451.41-30 AUG-MUSEUM 82.95 0000063 00 UNITED WAY OF THE DESERT VENDOR TOTAL * 467.09 20120720 PR0720 00 07/20/2012 101-0000-209.81-00 PAYROLL SUMMARY 68.68 0003892 00 USA MOBILITY WIRELESS, INC. VENDOR TOTAL ■ 68.68 V3393252G 000047 00 07/20/2012 101-4002-415.41-25 PAGES 77.14 VENDOR TOTAL r 77.14 0002956 00 VERIZON CA - GANG TASK FORCE - 345-6268 004167 00 07/20/2012 218-0000-421.41-22 PHONE SVC-6/22-7/21 429.80 0002290 00 YERIZON CALIFORNIA VENDOR TOTAL ■ 429.80 777-1222 000046 00 07/20/2012 101-4002-415.41-22 DSL 7/5-8/5 136.84 771-2109 004154 00 07/20/2012 101-7004-431.41-07 SIGNAL PH 6/25-7/24 44.95 VENDOR TOTAL * 181.79 0000068 00 VERI20N COMMUNICATIONS 1100796348 000048 00 07/20/2012 101-4002-415.41-22 INTERNET 7/10-8/9 79.99 VENDOR TOTAL * 79.99 0000274 00 WELLS FARGO BUSINESS CARD 4759 004168 00 07/20/2012 101-1001-411.51-01 VISA CARD PYMT 22.19 4759 - 000050 00 07/20/2012 101-1002-413.51-01 VISA CARD PYMT 475.00 4759 004169 00 07/20/2012 101-1002-413.51-01 VISA CARD PYMT 164.20 4759 004170 00 07/20/2012 101-1003-413.51-01 VISA CARD PYMT - 499.64 4759 004171 00 07/20/2012 101-1004-413.55-01 VISA CARD PYMT 375.00 4759 004172 00 07/20/2012 101-3003-451.56-01 VISA CARD PYMT 240.00 4759 004173 00 07/20/2012 101-5055-422.43-61 VISA CARD PYMT 81.86 4759 004174 00 07/20/2012 101-7002-431.53-04 VISA CARD PYMT 96.64 VENDOR TOTAL 1,954.53 0000753 00 WIRELESS WATCHDOGS 105974 004159 00 07/20/2012 101-4002-415.41-25 MOBILE PH MAINT 228.00 VENDOR TOTAL ■ 228.00 EI PREPARED 07/19/2012, 11:27:09 EXPENDITURE APPROVAL LIST PAGE 4 PROGRAM: GN339L CITY OF LA pUINTA, CALIFORNIA AS OF: 07/20/2012 CHECK DATE: 07/20/2012 VEND NO SEpO VENDOR NAME --------------------------------------------------- INVOICE NO --------------------------------------.---------------------------------------------------------------------------------------------- VOUCHER P.O. NO NO BNK CHECK/DUE DATE ACCOUNT NO ITEM DESCRIPTION EFT, EPAY OR CHECK HAND -ISSUED AMOUNT AMOUNT 0000753 00 HAND ISSUED TOTAL **x 246.00- TOTAL EXPENDITURES ■x■ GRAND TOTAL ■...*.** 100,193.92 246.00- 99,947.92 O PREPARED 07/25/2012, 16:28:03 EXPENDITURE APPROVAL LIST PAGE 1 PROGRAM: GM339L AS OF: 07/24/2012 CHECK DATE: 07/24/2012 CITY OF LA ________________________________________________________________________________________________________________ QUINTA, CALIFORNIA VEND NO SEQB VENDOR NAME __________ INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK EFT, EPAY OR HAND -ISSUED NO-___-____- DATE DESCRIPTION ___N-______________NO -________N-__________-__-- -------------------_____---AMOUNT -------------AMOUNT e -I 0000002 00 ACE HARDWARE 110788 004176 00 07/24/2012 101-5006-426.56-28 ANIMAL CNTRL SUPPLIES 10.00 107537 004177 00 07/24/2012 101-5008-419.56-02 MAINT SUPPLIES 13.99 110693 004177 00 07/24/2012 101-5008-419.56-02 PUBLIC BLDG SUPPLIES 5.26 .- 0005170 00 ALSCO INC VENDOR TOTAL ■ 29.25 - LYUH625359 000036 00 07/24/2012 101-7003-431.44-07 UNIFORM RENTAL 96.18 LYUM627414 000058 00 07/24/2012 101-7003-431.44-07 UNIFORM RENTAL 99.26 0005016 00 ALVAREZ, MARIA ISABEL VENDOR TOTAL ■ 195.44 VARIOUS 000058 00 07/24/2012 101-3002-451.33-43 INSTRUCTOR PYMT 425.60 0000296 00 AMERICAN FORENSIC NURSES INC VENDOR TOTAL • 425.60 61710 004178 00 07/24/2012 101-5054-421.36-31 BLOOD ALCOHOL 41.08 0000016 00 AMERIPRIDE UNIFORM SERVICES VENDOR TOTAL * 41.08 1400379870 000043 00 07/24/2012 101-3002-451.42-15 JANITORIAL 60.00 0003726 00 BANK OF NEW YORK MELLON VENDOR TOTAL ■ 60.00 2521639415 004152 00 07/24/2012 101-4001-415.31-13 ADMN FEE Q/E 6/30 11500.00 0000300 00 BIO-TO% LABORATORIES VENDOR TOTAL ■ 11500.00 25259 004178 00 07/24/2012 101-5054-421.36-31 BLOOD ALCOHOL 345.45 25260 004178 00 07/24/2012 101-5054-421.36-31 BLOOD ALCOHOL 1,367.80 0005788 00 BMW. MOTORCYCLES OF RIVERSIDE VENDOR TOTAL • 1,713.25 6004052/1 004209 00 07/24/2012 501-0000-511.43-50 MOTORCYCLE R&M 232.48 0003274 00 BODDEN, RENATE VENDOR TOTAL * 232.48 VARIOUS 000058 00 07/24/2012 101-3002-451.33-43 INSTRUCTOR PYMT 37.80 0002111 DO CALIFORNIA MUNICIPAL STATISTICS INC VENDOR TOTAL x 37.80 - 12071806 004206 00 07/24/2012 101-4001-415.30-01 6/30/12 DEBT STMT 450.00 0001378 00 CALIFORNIA PARKS & RECREATION VENDOR TOTAL * 450.00 110930 000038 00 07/24/2012 101-3002-451.53-03 MEMBERSHIP 160.00 0004675 00 CALPORTLAND VENDOR TOTAL * 160.00 91585627 004143 00 07/24/2012 101-7003-431.56-52 MATERIAL 230.81 PREPARED 07/25/2012, 16:28:03 EXPENDITURE APPROVAL LIST PAGE 2 PROGRAM: GM339L AS OF: 07/24/2012 CHECK DATE: 07/24/2012 CITY OF ------------------------------------------------------------- LA QUINTA, CALIFORNIA VEND NO SEQB VENDOR NAME - ---------------------------------------------------------------------- EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM - CHECK HAND -ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0004675 00 CALPORTLAND VENDOR TOTAL * 230.81 0003700 00 CARDIFF TRANSPORTATION 410365 000058 00 07/24/2012 101-3003-451.56-02 DODGERS EXCURSION 11380.00 VENDOR TOTAL * 11380.00 0000510 00 CLASSIC AUTO TRANSPORT 36834 004149 00 07/24/2012 501-0000-511.43-40 VEHICLE TOW 100.00 VENDOR TOTAL * 100.00 0000355 00 CLEAN STREET 67843 004148 00 07/24/2012 101-7003-431.44-10 ST SWEEPING 8,001.12 VENDOR TOTAL * 8,001.12 0006315 00 COACHELLA VALLEY ECONOMIC 2564 000058 00 07/24/2012 101-1003-413.53-03 CVEP INVESTMENT 50,000.00 VENDOR TOTAL * 50,000.00- 0000719 00 COACHELLA VALLEY WATER DIST 11-3318 004206 00 07/24/2012 101-7004-431.34-04 PLAN CK 2010-08 212.00 0003033 00 DATA TICKET, INC. VENDOR TOTAL * 212.00 41652 004151 00 07/24/2012 101-5004-424.31-19 MAY -CITATION SVC 729.38 41900 004209 00 07/24/2012 101-5004-424.31-19 JUN-CITATION FEES 955.00 0000112 00 DEPARTMENT OF JUSTICE VENDOR TOTAL * 1,684.38 915735 004142 00 07/24/2012 101-5054-421.36-31 BLOOD ALCOHOL 35.00 0000026 00 DESERT ELECTRIC SUPPLY VENDOR TOTAL * 35.00 S1912902001 000043 00 07/24/2012 101-7004-431.56-52 ELECTRIC 1,560.11 S1912224001 004178 00 07/24/2012 101-7004-431.56-52 MATERIAL/ELECTRIC 392.88 S1912238001 004178 00 07/24/2012 101-7004-431.56-52 MATERIAL/ELECTRIC 183.21 S1913871001 000057 00 07/24/2012 101-7004-431.56-52 ELECTRIC/MATERIAL - 259.57 S1913691001 000057 00 07/24/2012 101-7004-431.56-52 ELECTRIC/MATERIAL 112.80 0001286 00 DESERT FIRE EXTINGUISHER CO INC VENDOR TOTAL * 2,508.57 211381 004139 00 07/24/2012 101-3006-451.43-78 MUSEUM FIRE EXT 65.68 0001661 00 DESERT FOUNTAIN GAS SUPPLY VENDOR TOTAL* 65.68 142119 000038 00 07/24/2012 101-3003-451.51-33 HELIUM RENTAL 8.00 0003930 00 DSS CORPORATION VENDOR TOTAL * 8.00 12736 000058 00 07/24/2012 101-2001-411.32-10 MAINT AGREEMENT 494.00 I PREPARED 07/25/2012, 16:28:03 EXPENDITURE APPROVAL LIST PAGE 3 PROGRAM: GH339L _ AS OF: 07/24/2012 CHECK DATE: 07/24/2012 CITY OF ------------------------------------------------------------------------------------------------------------------------------------ LA QUINTA, CALIFORNIA VEND NO SEQ# VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0003930 00 DSS CORPORATION 0000121 00 ECS IMAGING INC VENDOR TOTAL 8833 000058 00 07/24/2012 101-2001-411.32-10 LSAP RENEWAL 0004783 00 ENTERPRISE RENT -A -CAR VENDOR TOTAL 16172532UA 004210 00 07/24/2012 101-5054-421.36-34 SEF 16172032UA 004210 00 07/24/2012 101-5054-421.36-34 SEF 0001474 00 6123007 0004899 00 2999 2997 3001 0000031 00 508197 946443 946426 508196 0000239 00 48374 0005606 00 VARIOUS 0002300 00 9867175235 0000075 00 306253 306239 0001188 00 61011 0006724 VENDOR TOTAL ESGIL CORPORATION _ 004150 00 07/24/2012 101-5002-424.33-28 JUN-PLAN CHECK VENDOR TOTAL ■ FG CREATIVE INC 000043 00 07/24/2012 101-1003-413.55-07 JUL-MEDIA BUY 004178 00 07/24/2012 101-1003-413.55-07 MEDIA BUYS 004178 00 07/24/2012 101-1003-413.55-07 MEDIA BUYS VENDOR TOTAL FIRST CHOICE SERVICES 000038 00 07/24/2012 101-4002-415.56-27 COFFEE SUPPLIES 000038 00 07/24/2012 101-4002-415.56-27 COFFEE SUPPLIES 000058 00 07/24/2012 101-4002-415.56-27 COFFEE SUPPLIES 000058 00 07/24/2012 101-4002-415.56-27 COFFEE SUPPLIES VENDOR TOTAL GARZA TURF & POWER EQUIPMENT 004182 00 07/24/2012 101-7003-431.56-52 SAW REPAIR VENDOR TOTAL GOLDNER, ELISE 000058 00 07/24/2012 101-3003-451.33-43 INSTRUCTOR PYMT VENDOR TOTAL GRAINGER 000058 00 07/24/2012 101-7004-431.56-52 MATERIAL VENDOR TOTAL GRANITE CONSTRUCTION COMPANY 004210 00 07/24/2012 101-7003-431.56-52 MATERIAL 004210 00 07/24/2012 101-7003-431.56-52 MATERIAL VENDOR TOTAL ■ GRAPHIC IMPRESSIONS 004210 00 07/24/2012 101-5054-421.36-34 JUN-SEF VENDOR TOTAL * 00 HALL, JUDITH 494.00 7,740.00 7,740.00 96.98 96.98 193.96 1,711.54 1,711.54 1,226.80 6,344.10 61091.55 13,662.23 161.58 7.68 49.95 403.00 622.21 76.15 76.15 291.90 291.90 577.01 577.01 188.29 161.63 349.92 66.25 66.25 a) N O PREPARED 07/25/2012, 16:28:03 EXPENDITURE APPROVAL LIST PAGE 4 PROGRAM: GM339L AS OF: 07/24/2012 CHECK DATE: 07/24/2012 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0006724 00 HALL, JUDITH ANIMAL LIC 000059 00 07/24/2012 101-5000-322.20-00 REFUND 8.00 VENDOR TOTAL * 8.00 0000454 00 HIGH TECH IRRIGATION INC 268367 004144 00 07/24/2012 101-7004-431.56-52 IRRIGATION 83.19 269185 004145 00 07/24/2012 101-7004-431.56-52 IRRIGATION 54.31 269097 004146 00 07/24/2012 101-7004-431.56-52 IRRIGATION 175.70 VENDOR TOTAL * 313.20 0000035 00 HOARD INC, HUGH 63816 004177 00 07/24/2012 101-3004-451.43-52 LIBRARY AC R&M 566.38 63638 004177 00 07/24/2012 101-3004-451.43-52 LIBRARY AC R&M 1,105.85 VENDOR TOTAL ■ 1,672.23 0006341 00 HONDA YAMAHA OF REDLANDS 123293 004141 00 07/24/2012 501-0000-511.43-50 MOTORCYCLE R&M 708.49 121230 004180 00 07/24/2012 501-0000-511.43-50 MOTORCYCLE R&M 1,051.08 121199 004181 00 07/24/2012 501-0000-511.43-50 MOTORCYCLE R&M 1,410.72 VENDOR TOTAL ■ 3,170.29 0006728 00 J P COOKE CO 187764 000059 00 07/24/2012 101-5001-424.56-01 OFFICE SUPPLIES 84.09 VENDOR TOTAL * 84.09 0001238 00 JERNIGAN'S, INC 9091 000058 00 07/24/2012 101-7006-431.56-40 BOOTS-VALENZUELA 172.38 VENDOR TOTAL ■ 172.38 0004314 00 JTB SUPPLY CO., INC. 94820 000039 00 07/24/2012 101-7006-431.56-02 ST NAME SIGN PANELS 1,379.20 VENDOR TOTAL ■ 1,579.20 0000865 00 KRIBBS CONSTRUCTION, BRUCE 1018 004182 00 07/24/2012 101-7004-431.32-07 ELECTRIAL REPAIR 450.00 1017 004182 00 07/24/2012 101-7004-431.32-07 ELECTRIAL REPAIR 350.00 1016 004182 00 07/24/2012 101-7004-431.32-07 ELECTRIAL REPAIR 800.00 1019 004182 00 07/24/2012 101-7004-431.32-07 FOUNTAIN FILTER 200.00 1022 004182 00 07/24/2012 101-7004-431.34-04 R&R SUMP PUMP - 675.00 1020 004182 00 07/24/2012 101-7004-431.34-04 PUMP REPAIR 650.00 1021 004182 00 07/24/2012 101-7004-431.34-04 FOUNTAIN REPAIR 825.00 VENDOR TOTAL ■ 3,950.00 0003498 00 L & L AUTOMOTIVE 8996 000058 00 07/24/2012 501-0000-511.43-40 VEH#51 REPAIR 122.91 VENDOR TOTAL • 122.91 0005714 00 LA QUINTA FARMS LLC 585 004185 00 07/24/2012 101-7006-431.32-15 SRR PM10 26,958.84 VENDOR TOTAL ■ 26,958.84 0002182 00 LASR-INK PALM SPRINGS .- f N O PREPARED 07/25/2012, 16:28:03 EXPENDITURE APPROVAL LIST PAGE 5 PROGRAM: GM339L AS OF: 07/24/2012 CHECK DATE: 07/24/2012 CITY OF LA QUINTA, CALIFORNIA ---------------------------------------- VEND NO SEQ# VENDOR NAME 7------------------------------------------------------------------------------------------- EFT, EPAY OR INVOICE VOUCHER P.D. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0002182 00 LASR-INK PALM SPRINGS 10287 000058 00 07/24/2012 101-4001-415.56-01 OFFICE SUPPLIES 73.39 0005705 19613 0000080 66096 0004425 320710-7 00 LIN LINES INC 004209 00 07/24/2012 101-5054-421.36-34 SEF 00 00 0000221 00 20106317 0004874 00 877 875 876 VENDOR TOTAL * VENDOR TOTAL r LOCK SHOP INC, THE 000057 00 07/24/2012 101-5054-421.51-20 LQ POLICE VOLUNTEERS VENDOR TOTAL ■ MARTIN, PANDARA 000058 00 07/24/2012 101-3003-451.33-43 INSTRUCTOR PYMT VENDOR TOTAL ■ MCDOWELL AWARDS 004137 00 07/24/2012 101-6001-463.53-01 NAME BADGE-MORRIS VENDOR TOTAL * MCKINZIE ELECTRICAL CONTRACTORS INC 000058 00 07/24/2012 101-3004-451.43-01 LIB -LIGHT REPAIR 004206 00 07/24/2012 101-3004-451.43-01 LIBRARY -LIGHTS 000039 00 07/24/2012 101-5008-419.43-88 BALLAST RPLCMNT VENDOR TOTAL ■ 0006723 00 MILLER, PATTI & RICK ANIMAL LIC 000059 00. 07/24/2012 101-5000-322.20-00 REFUND VENDOR TOTAL ■ 0001032 00 MOTION PICTURE LICENSING CORP 503786622 000038 00 07/24/2012 101-3002-451.53-03 MEMBERSHIP VENDOR TOTAL r 0002624 00 MOWERS PLUS INC 85977 004209 00 07/24/2012 101-7003-431.56-55 EQUIPT RENTAL 85958 004209 00 07/24/2012 101-7003-431.56-52 EQUIPT REPAIR 0006505 00 NI GOVERNMENT SERVICES INC VENDOR TOTAL 2060616229 004206 00 07/24/2012 101-5056-425.41-25 SATELLITE PH VENDOR TOTAL 0001065 00 NIETO, RUBEN 80 000037 00 07/24/2012 501-0000-511.43-43 CAR WASH 0002750 00 MPG CORPORATION VENDOR TOTAL ■ 1110988 004183 00 07/24/2012 101-7003-431.56-49 ASPHALT PAVEMENT 1110988 004184 00 07/24/2012 101-7003-431.56-52 ASPHALT PAVEMENT O N N 73.39 1,188.00 11188.00 98.70 98.70 294.00 294.00 30.71 30.71 112.50 1,375.00 175.50 1,665.00 9.00 9.00 249.97 249.97 377.02 88.44 465.46 301.32 301.32 541.00 541.00 4,000.00 1,745.00 PREPARED 07/25/2012, 16:28:03 EXPENDITURE APPROVAL LIST PAGE 6 PROGRAM: GM339L AS OF: 07/24/2012 CHECK DATE: 07/24/2012 CITY OF LA GUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT - ITEM CHECK HAND -ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0002750 00 MPG CORPORATION 0005770 00 OAKES, JOSEPH A 310129-3 000058 00 07/24/2012 0000041 00 OFFICE DEPOT 6147277064001 004178 00 07/24/2012 616515368001 000058 00 07/24/2012 616695286001Q 000058 00 07/24/2012 615602103001 000057 00 07/24/2012 615481252001 004178 00 07/24/2012 615551043001 004178 00 07/24/2012 0000130 00 ON-TRAC 'A 7453275 004210 00 07/2442012 0006680 00 PACIFIC WEST INDUSTRIES 15555 000039 00 07/24/2012 15556 000039 00 07/24/2012 15533 000039 00 07/24/2012 0000322 00 PARKHOUSE TIRE INC 2030098857 004147 00 07/24/2012 0000186 00 PITNEY BOWES 300307 000058 00 07/24/2012 0005653 00 PIZZA HUT 81612 000067 00 07/24/2012 0005614 00 PRESTIGE CHEMICALS INC 3106 000058 00 07/24/2012 0000043 00 PRINTING PLACE, THE 121391 000058 00 07/24/2012 0004303 13466IN '0004293 00 RAIN DROP PRODUCTS, LLC 004138 00 07/24/2012 VENDOR TOTAL * 101-3002-451.33-43 INSTRUCTOR PYMT VENDOR TOTAL * 101-2001-411.56-01 OFFICE SUPPLIES 101-2001-411.56-01 OFFICE SUPPLIES 101-2001-411.56-01 OFFICE SUPPLIES 101-4002-415.56-07 PAPER 502-0000-512.56-22 OFFICE SUPPLIES 502-0000-512.56-22 OFFICE SUPPLIES VENDOR TOTAL * 101-4002-415.51-31 OVERNIGHT MAIL VENDOR TOTAL * 101-5008-419.43-88 AC ACTUATORS R&M 101-5008-419.43-88 AC ACTUATORS R&M 101-5008-419.43-88 COMPRESSOR #1 VENDOR TOTAL * 501-0000-511.43-46 TK#64 SWEEPER TIRES VENDOR TOTAL * 101-4002-415.43-16 CONT/FOLDING MACHINE VENDOR TOTAL * 101-3002-451.56-02 B&G PROGRAM VENDOR TOTAL * 101-7004-431.56-37 GRAFFITI MATERIAL VENDOR TOTAL * 101-5002-424.53-01 JOB CARDS VENDOR TOTAL * 101-3005-451.56-52 WATER FT PARTS 00 REPUBLIC INTELLIGENT TRANSPORTATION VENDOR TOTAL 5,745.00 252.00 252.00 6.14 71.14 21.94 926.43 70.18 67.48 1,163.51 14.26 14.26 2,142.00 771.00 61000.00 81913.00 1,215.72 1,215.72 1,216.88 1,216.88 264.74 264.74 976.70 976.70 189.64 189.64 99.00 99.00 PREPARED 07/25/2012, 16:28:03 EXPENDITURE APPROVAL LIST PAGE 7 PROGRAM: GM339L AS OF: 07/24/2012 CHECK DATE: 07/24/2012 CITY OF LA QUINTA, CALIFORNIA --- ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQB VENDOR NAME EFT, EPAY OR INVOICE - VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION - AMOUNT AMOUNT 0004293 00 REPUBLIC INTELLIGENT TRANSPORTATION RI131075 004182 00 07/24/2012 101-7006-431.32-20 SIGNAL SERVICES 737.00 VENDOR TOTAL x 0004583 00 RIVERSIDE COUNTY SHERIFF DEPT SH0000019189 004186 00 07/24/2012 101-5054-421.36-01 POLICE RATE ADJ SH0000019189 004187 00 07/24/2012 101-5054-421.36-03 POLICE RATE ADJ SH0000019189 004188 00 07/24/2012 101-5054-421.36-23 POLICE RATE ADJ SH0000019189 004189 00 07/24/2012 101-5054-421.36-22 POLICE RATE ADJ SH0000019189 004190 00 07/24/2012 101-5054-421.36-04 POLICE RATE ADJ SH0000019189 004191 00 07/24/2012 101-5054-421.36-19 POLICE RATE ADJ SH0000019189 004192 00 07/24/2012 101-5054-421.36-13 POLICE RATE ADJ SH0000019189 004193 00 07/24/2012 101-5054-421.36-15 POLICE RATE ADJ SH0000019189 004194 00 07/24/2012 101-5054-421.36-07 POLICE RATE ADJ SH0000019189 004195 00 07/24/2012 101-5054-421.36-25 POLICE RATE ADJ SH0000019420 004196 00 07/24/2012 101-5054-421.36-01 APR -POLICE SVC SH0000019420 004197 00 07/24/2012 101-5054-421.36-03 APR -POLICE SVC SH0000019420 004198 00 07/24/2012 101-5054-421.36-23 APR -POLICE SVC SH0000019420 004199 00 07/24/2012 101-5054-421.36-22 APR -POLICE SVC SH0000019420 004200 00 07/24/2012 101-5054-421.36-04 APR -POLICE SVC SH0000019420 004201 00 07/24/2012 101-5054-421.36-19 APR -POLICE SVC SH0000019420 004202 00 07/24/2012 101-5054-421.36-13 APR -POLICE SVC SH0000019420 004203 00 07/24/2012 101-5054-421.36-15 APR -POLICE SVC SH0000019420 004204 00 07/24/2012 101-5054-.421.36-07 APR -POLICE SVC SH0000019420 004205 00 07/24/2012 101-5054-421.36-25 APR -POLICE SVC VENDOR TOTAL r 0001290 00 RIVERSIDE COUNTY SHERIFF'S DEPT SH0000019671 004210 00 07/24/2012 101-5054-421.36-25 MILEAGE - VENDOR TOTAL ■ 0006246 00 ROJAS TKD VARIOUS 000058 00 07/24/2012 101-3003-451.33-43 INSTRUCTOR PYMT VENDOR TOTAL ■ 0006727 00 ROSENBERG, BOB 464301 000059 00 07/24/2012 101-5056-425.43-90 CABINET LATCHES VENDOR TOTAL * 0002039 00 SAM'S FENCE COMPANY 13553 000039 00 07/24/2012 101-3005-451.56-37 LQ PARK VANDALISM VENDOR TOTAL 0006729 00 SANTA FE BUILDING MAINTENANCE 11344 000063 00 07/24/2012 101-3002-451.42-15 JANITORIAL SVC 11344 000065 00 07/24/2012 101-3004-451.42-15 JANITORIAL SVC 11344 000064 00 07/24/2012 101-3005-451.42-15 JANITORIAL SVC 11344 000066 00 07/24/2012 101-3006-451.42-15 JANITORIAL SVC 11.t44 000060 00 07/24/2012 101-5008-419.42-15 JANITORIAL SVC 11*544 000061 00 07/24/2012 101-5054-421.42-15 JANITORIAL SVC O N .A 737.00 55,098.38 5,899.46- 11,965.17 18,033.96 12,544.79 6,932.85 3,683.07- 4,088.70- 7,774.14 9,674.24 536,541.12 29,705.65 16,964.80 29,564.80 129,781.76 52,065.60 9,243.20 9,243.20 32,177.78 38,473.44 992,111.65 2,927.05 2,927.05 2,110.50 2,110.50 216.00 216.00 2,400.00 2,400.00 1,605.00 2,516.00 1,263.00 757.00 2,825.00 140.00 PREPARED 07/25/2012, 16:28:03 EXPENDITURE APPROVAL LIST PAGE 8 PROGRAM: GM339L AS OF: 07/24/2012 CHECK DATE: 07/24/2012 CITY OF LA OUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ---------- __________________________________________________________________________________________________________________________ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0006729 00 SANTA FE BUILDING MAINTENANCE 11344 000062 00 07/24/2012 101-7003-431.42-15 JANITORIAL SVC 406.00 VENDOR TOTAL • 9,492.00 0006044 00 SHARK POOLS 12110701 000058 00 07/24/2012 101-5008-419.43-81 JUL-CITY HALL FOUNTAIN 90.95 VENDOR TOTAL * 90.95 0005798 00 SHARK POOLS INC 12220704 000058 00 07/24/2012 101-3001-451.33-13 FB POOL SVC 225.00 1260703 000043 00 07/24/2012 101-3005-451.43-59 TANK CLEANING 1,375.00 1260702 000043 00 07/24/2012 101-3005-451.43-59 WATER SYS R&M 2,059.85 VENDOR TOTAL * 3,659.85 0002011 00 SHEA HOMES TM35996 000058 00 07/24/2012 101-0000-228.10-00 11-004 DEV DEP 267,527.00 VENDOR TOTAL * 267,327.00 0001292 00 SIMPLEXGRINNELI LP 75327078 000041 00 07/24/2012 101-3004-451.41-30 AUG-JUL'13 FIRE ALARM 846.00 75327078 000042 00 07/24/2012 101-3006-451.41-30 AUG-JUL'13 FIRE ALARM 895.00 75327774 000039 00 07/24/2012 101-5008-419.34-04 AUG-JUL'13 ALARM SVC 955.00 75327078 000040 00 07/24/2012 101-5008-419.34-04 AUG-JUL'13.FIRE ALARM 5,139.00 VENDOR TOTAL * 7,835.00 0004975 00 SOUTH VALLEY ELECTRIC 846 000058 00 07/24/2012 101-3005-451.56-37 PIONEER VANDALISM 11015.19 847 000058 00 07/24/2012 601-0000-451.43-60 PUMP REPAIR 282.50 VENDOR TOTAL * 1,297.69 - 0000749 00 SOUTHWEST NETWORKS INC 126142 004178 00 07/24/2012 502-0000-512.33-52 NETWORK SUPPORT 47.50 VENDOR TOTAL * 47.50 0004791 00 SOUZA, DEBRA A FEDOR VARIOUS 000058 00 07/24/2012 101-3002-451.33-43 INSTRUCTOR PYMT 137.20 VENDOR TOTAL * 137.20 0000048 00 STAPLES ADVANTAGE 3177720129 004178 00 07/24/2012 101-3001-451.56-01 OFFICE SUPPLIES 62.18 3177123220 004178 00 07/24/2012 101-3001-451.56-01 OFFICE SUPPLIES 46.21 3177123219 004178 00 07/24/2012 101-3001-451.56-01 OFFICE SUPPLIES 214.98 3177125221 004178 00 07/24/2012 101-4001-415.56-01 OFFICE SUPPLIES 30.58 3177123218 004178 00 07/24/2012 101-4002-415.56-07 OFFICE SUPPLIES 138.73 3175171328 004178 00 07/24/2012-101-5054-421.56-02 RETURN CREDIT 82.59_ 3174572294 004178 00 07/24/2012 101-5054-421.56-02 RETURN CREDIT 9.69- 3174536476 004178 00 07/24/2012 101-5054-421.56-02 RETURN CREDIT 82,59_ 3173574026 004178 00 07/24/2012 101-5054-421.56-02 RETURN CREDIT 34.31- 3177720128 004178 00 07/24/2012 101-6001-463.56-01 RETURN CREDIT 70,82_ 3174898829 004178 00 07/24/2012 101-6001-463.56-01 OFFICE SUPPLIES 338.48 O N CJI PREPARED 07/25/2012, 16:28:03 EXPENDITURE APPROVAL LIST PAGE 9 PROGRAM: GM339L AS OF: 07/24/2012 CHECK DATE: 07/24/2012 CITY OF LA OUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SE00 VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000048 00 STAPLES ADVANTAGE 3177783997 000058 00 07/24/2012 101-6001-463.56-01 OFFICE SUPPLIES 118.50 3177720150 004178 00 07/24/2022 101-7001-431.56-01 OFFICE SUPPLIES 278.56 3177720132 004178 00 07/24/2012 101-7001-431.56-01 OFFICE SUPPLIES 20.24 3177720133 004178 00 07/24/2012 101-7001-431.56-01 OFFICE SUPPLIES 18.94 3177720131 004178 00 07/24/2012 101-7001-431.56-01 OFFICE SUPPLIES 1,048.96 3177720134 004178 00 07/24/2012 101-7001-431.56-81 nFFTrr SUPPLIES VENDOR TOTAL ■ 0002912 00 STOWELL, ZEILENGA, RUTH, VAUGHN & 25938 004206 00 07/24/2012 101-0000-228.10-00 EMBASSY AGREEMENT VENDOR TOTAL ■ 0000179 00 SUNGARD PUBLIC SECTOR INC, 52272 000058 00 07/24/2012 502-0000-512.43-13 HTE MAINT AGREEMENT VENDOR TOTAL 0002827 00 SWANK MOTION PICTURES RG1700748 000058 00 07/24/2012 101-3001-451.35-62 OUTDOOR MOVIE RG1696754 004206 00 07/24/2012 101-3003-451.56-02 OUTDOOR MOVIE VENDOR TOTAL ■ 0006722 00 SYL DINING GROUP INC BL0108827 000059 00 07/24/2012 101-1000-321.00-00 REFUND - 0003552 00 TESERRA 35106 004182 00 07/24/2012 35107 004182 00 07/24/2012 0000057 00 TOPS'N BARRICADES INC 1027722 004178 00 07/24/2012 1027721 004178 00 07/24/2012 1027827 000057 00 07/24/2012 1027835 000057 00 07/24/2012 VENDOR TOTAL * 101-7004-431.34-04 JUN-LANDSCAPE SVC 101-7004-431.56-02 PLANT REPLACEMENT VENDOR TOTAL 101-7003-431.56-46 SIGNS 101-7003-451.56-43 BARRICADES/SIGNS 101-7003-431.56-46 SIGNS 101-7003-431.56-46 SIGNS VENDOR TOTAL ■ 0000060 00 TRULY NOLEN INC 660045488 000043 00 07/24/2012 101-3005-451.43-65 SPORTS COMPLEX 66001407 000058 00 07/24/2012 101-5054-421.42-20 PEST CONTROL VENDOR TOTAL * 0001777 00 VALLEY ANIMAL MEDICAL CENTER 45578 004209 00 07/24/2012 101-5006-426.33-25 VET SVC 123567 45001 004209 00 07/24/2012 101-5006-426.33-25 VET SVC 123275/447612 0006726 00 VERMILLION ENVIRONMENTAL VENDOR TOTAL 121L710 000059 00 07/24/2012 101-5004-424.42-07 HUMMINGBIRD STAB O N, 60.23 2,096.59 1,377.50 1,377.50 60,441.82 60,441.82 196.00 196.00 392.00 15.00 15.00 39,232.63 700.00 39,932.63 70.68 228.21 84.85 116.15 499.89 364.80 387.60 752.40 85.00 231.00 316.00 900.00 PREPARED 07/25/2012, 16:28:03 EXPENDITURE APPROVAL LIST PAGE 10 PROGRAM: GM339L AS OF: 07/24/2012 CHECK DATE: 07/24/2012 CITY OF LA GUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SE0O VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0006726 00 VERMILLION ENVIRONMENTAL 0002431 00 VINTAGE ASSOCIATES SI117040 000058 00 07/24/2012 SI116806 004178 00 07/24/2012 SI116863 004178 00 07/24/2012 0000256 00 WARD, LARRY W - ASSESSOR JUN'12 004208 00 07/24/2012 JUN'12 004207 00 07/24/2012 0006135 00 WELLNESS WORKS 15 004178 00 07/24/2012 VENDOR TOTAL * 101-3005-451.56-37 PIONEER IRRIG VANDALISM 101-7004-431.56-52 IRRIGATION 101-7004-431.56-02 PLANT RPLCMNT VENDOR TOTAL * 101-5004-424.54-04 RECORDING FEES 101-7002-431.53-01 RECORDING FEES VENDOR TOTAL * 101-1004-413.32-07 MAY-EAP VENDOR TOTAL * 0006725 00 WHITE SANDS MANAGEMENT & REAL ESTAT BLI08898 000059 00 07/24/2012 101-1000-321.00-00 REFUND 0004401 00 WILLDAN FINANCIAL SERVICES 1017925 004178 00 07/24/2012 0000753 00 WIRELESS WATCHDOGS 105789 004178 00 07/24/2012 VENDOR TOTAL * 101-4001-415.31-13 SERIES 02 ARBITRAGE VENDOR TOTAL * 101-7001-431.32-07 MOBILE PH SUPPLIES 0000853 00 ZUMAR INDUSTRIES, INC VENDOR TOTAL 139177 000058 00 07/24/2012 101-7003-431.56-46 SIGNS 0000813 00 4IMPRINT VENDOR TOTAL 2477645 004140 00 07/24/2012 101-5054-421.36-34 SEF VENDOR TOTAL ■ TOTAL EXPENDITURES **** GRAND TOTAL ******************** O N 900.00 103.90 479.14 48.49 631.53 91.00 37.00 128.00 172.00 172.00 7.00 7.00 2,000.00 2,000.00 1,289.65 1,289.65 432.24 432.24 3,448.13 3,448.13 1,562,873.34 1,562,873.34 PREPARED 07/13/2012, 9:33:14 CITY OF LA QUINTA, CALIFORNIA PROGRAM: G4313U ACCOUNTS PAYABLE UPDATE LIST PAGE 1REPORT NUMBER 5 GROUP NUMBER 00057 VOID CHECK GROUP ACCOUNTING PERIOD: 01/2013 GROUP USER ID SMANCILLA GROUP CREATED BY SMANCILLA GROUP UPDATED BY SMANCILLA -------------------------------------------------------------------------------------------------- TRANS# TRANS DATE DESCRIPTION-,1 VOUCHER SK ACCOUNT NUMBER DESCRIPTION 2 PROJ P.O. VENDOR SEQ VENDOR NAME INVOICE NUMBER AMOUNT -------------------------------------------------------------------------------------------------------------------- WORK ORDER JOB# FACILITIES DUE DATE CHECK# ID CHECK DATE TYPE LAST TRANS DISC/RETAINAGE 100 07/15/2012 REFUND 003660 00 101-1000-321.00-00 0006244 00 DSW SHOE WAREHOUSE BLk102556 73.00- 00/00/0000 0095951 05/22/2012 N 200 07/15/2012 REFUND 003680 00 101-1000-321.00-00 0006244 00 DSW SHOE WAREHOUSE BUSINESS LIC 173.00- 00/00/0000 0095951 05/22/2012 N GROUP TOTALS COUNT: 2 AMOUNT: 246.00- CITY SA / HA / FA MEETING DATE: August 7, 2012 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 33076-1, The Madison Club, East of Madison, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 2- STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to February 7, 2013 for Tract Map No. 33076-1, The Madison Club, East of Madison, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Madison Club (Tract Map No. 33076-1) is located south of Avenue 52, east of Madison Street, and west of Monroe Street (Attachment 1). On September 9, 2005, East of Madison, LLC entered into a SIA for Tract Map No. 33076-1, The Madison Club. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the improvements. 029 To date, the City Council has granted the following extensions: • September 19, 2006 extended to September 9, 2007 • November 20, 2007 extended to September 9, 2008 • February 16, 2010 extended to June 30, 2010 • October 18, 2011 extended to June 30, 2012. In a letter dated July 24, 2012 (Attachment 2), the developer requests a one year time extension. The on -site improvements have been completed. The developer will need to complete items for the final acceptance of the on -site improvements. These items include preparing record drawings, setting survey monuments, and correcting any punch list items resulting from a final inspection. These tasks typically take several months to complete. Staff has prepared the attached resolution which provides for approval of the fifth time extension of the SIA for six months to February 7, 2013. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved SIA for six months to February 7, 2013 for Tract Map No. 33076-1, The Madison Club, East of Madison, LLC.; or 2. Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved SIA for one year to August 7, 2013 for Tract Map No. 33076-1, The Madison Club, East of Madison, LLC.; or 3. Place the developer in default and direct the City Attorney to pursue the developer's bonds for these improvements; or 3. Provide staff with alternative direction. Respectfully submitted, 4w o�thyJRnass P.E. Public Works Direc or/City Engineer 030 Approved for submission by: Attachments: 1. Vicinity Map 2. Letter from East of Madison, LLC dated July 24, 2012 031 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO FEBRUARY 7, 2013 FOR TRACT MAP NO. 33076-1, THE MADISON CLUB WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 33076-1, The Madison Club, on September 9, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by June 30, 2012, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved SIA is extended to February 7, 2013. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on February 7, 2013. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. 032 Resolution No. 2012- Tract Map No. 33076-1, The Madison Club Adopted: August 7, 2012 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 71h day of August 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SUSAN MAYSELS, Interim City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California E 033 ATTACHMENT 1 TM 33076-1 THE MADISON CLUB w z o w TRACT Nc - 33076 VICINITY MAP NOT TO SCALE It 034 ATTACHMENT 2 — THE — MAJUISON CLVB July 24, 2012 Amy Wu City of La Quinta Public Works/Engineering Dept. PO Box 1504 78-495 Calle Tampico LA Quinta, CA 92247-1504 RE: Madison Club —Time extension for completion of improvements for Tracts 33076-1; 33076-2; 34968; & 34969 On -site and Off -site. Amy: Due to economic conditions and slower than expected lot sales, East of Madison, LLC (EOM) is requesting a one year extension for the completion of on -site and off -site work associated with Tracts 33076-1; 33076-2; 34968; & 34969. EOM will continue to work diligently to complete Site Improvements throughout the community, and address the interests of its neighbors, local municipalities and other governing agencies. We have commenced the final punch list of all in -tract improvements, and are establishing milestones by which to implement the remaining off -site improvements. EOM proposes to commence the off -site landscape work along Avenue 53 within one (1) year of the requested extension and will then continue to work through the balance of the off -site landscape based on the City of La Quinta's desired sequence of work. Thank you for considering our request for a time extension. EAST OF VP DevelopjWt Madison Club DISCOVERY D COMPANY (602)920-7183 iarevostOd iscovervlandco.com DEVELOPMENT OFFICE M...C.o A .... I.! PO Box 1482, LA QUINT., CA 92247 S,.t.TA .x... : 80-965 AVENUE 52, LA QvIMTA, CA 92253 T... q8o 391-5ogz FA. ry6o 398-5788 3 35 COUNCI SA/HA/FA MEETING DATE: August 7, 2012 ITEM TITLE: Approval to Excuse Commissioner Heather Engel from the September 10, 2012 Community Services Commission Meeting RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: Approve a request for Commissioner Heather Engel to be excused from attending the September 10, 2012, Community Services Commission meeting. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Municipal Code, Section 2.06.020(B) includes the statement: "A board or commission member may request advance permission from the City Council to be absent at one or more regular meetings due to extenuating circumstances. If such permission or excuse is granted by the City Council, the absence shall not be counted toward the above -stated limitations on absences." Commissioner Engel has requested to be excused from the September 10, 2012 Community Services Commission meeting. The request is being made prior to the meeting, as noted in Attachment 1.. 036 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Commissioner Engel's request to be excused from the September 10, 2012, Community Services Commission meeting; or 2. Provide staff with alternative direction. submitted, Edie Hylton Community Services Director Approved for submission by: Aan4ek, City Manager Attachment: 1. Request from Commissioner Engel " " 037 ATTACHMENT 1 From: Heather Engel [mailto:hlbolinq@hotmail.com] Sent: Monday, July 23, 2012 1 1:20 AM To: Angela Guereque Subject: RE: Oath Angela, Unfortunately, I have a scheduling conflict that will prevent me from attending the September meeting of the Community Services Commission. I apologize for any inconvenience this may cause the commission or staff. Thank you, Heather 038 I � or c s CITY SA / HA / FA MEETING DATE: August 7, 2012 ITEM TITLE: Approval of Second Reading and Adoption of Ordinance No. 500 Amending Chapter 2.60 Section 2.60.020 relating to the City of La Quinta Conflict of Interest Code RECOMMENDATION: Adopt Ordinance No. 500 on second reading. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: /' CONSENT CALENDAR: `7 STUDY SESSION: PUBLIC HEARING: The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially. No later than October 1 of each even -numbered year, each agency must submit to the code reviewing body (City Council) a notice indicating whether or not an amendment is necessary. Review of the City's Conflict of Interest Code has resulted in the following recommended changes to Section 2.60.020 of the Municipal Code: Add the following Designated Positions: Members of the Housing Authority Members of the Oversight Board Members of the Successor Agency 039 Update the titles of the following Designated Positions: Economic Development Project Manager to Economic Dev./Housing Manager Personnel/Risk Manager to Human Resources/General Services Manager Senior Engineer to Principal Engineer Delete the following Designated Positions: Assistant City Manager Community Development Director Members of the Cultural Arts Commission Members of the Project Area Committee On July 17, 2012, the City Council moved to take up Ordinance No. 500 by title and number only and waive further reading. The City Council further moved to introduce Ordinance No. 500 on first reading. Both, motions were unanimously approved. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt Ordinance No. 500 on second reading; or 2. Provide staff with alternative direction. Respectfully submitted, Susan Maysels, Interim ity Clerk Approved for submission by: P" 040 ORDINANCE NO. 500 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.60 SECTION 2.60.020 RELATING TO THE CITY OF LA QUINTA CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes; and WHEREAS, the Fair Political Practices Commission (the "FPPC") has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard conflict of interest code which can be incorporated by reference; and WHEREAS, the City of La Quinta (the "City") has adopted by reference the FPPC's regulation as well as a list of designated employees as Chapter 2.60 of the La Quinta Municipal Code (the "Code"); and WHEREAS, the City desires to make changes to the list of designated employees and disclosure categories to reflect the current classifications/positions within the City; and; WHEREAS, the place of filing of the Statements of Economic Interests shall be in accordance with Government Code Section 87500; and WHEREAS, Statements of Economic Interest are public documents available from the City Clerk of the City of La Quinta; and .WHEREAS, the City believes these changes are in the best interests of the citizens of the City of La Quinta. NOW THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. AMENDMENT OF CHAPTER 2.60: Section 2.60.020 of the La Quinta Municipal Code is amended to read as follows: 2.60.020 DESIGNATED POSITIONS, DISCLOSURE CATEGORIES A. Full disclosure on Form 700, Statement of Economic Interest, shall be required from the following positions pursuant to Government Code Section 87200: Designated Positions Assistant City Attorney Assistant City Engineer City Attorney City Manager ° 041 Ordinance 500 Amending Section 2.60.020 of the Municipal Code Re: Conflict of Interest Code Adopted: August 7, 2012 Page 2 Finance Director Mayor Members of the City Council Members of the Housing Authority Members of the Oversight Board to the Successor Agency Members of the Planning Commission Members of the Successor Agency to the Dissolved Redevelopment Agency Candidates for any of the positions above B. Limited disclosure on Form 700, Statement of Economic Interest, shall be required from the following positions pursuant to Government Code Section 87302: Designated Positions Accounting Manager Building and Safety Director Building and Safety Manager City Clerk Community Safety Manager Community Services Director Deputy City Attorney Economic Development / Housing Manager Golf and Parks Landscape Manager Human Resources / General Services Manager Maintenance Manager Management Analyst Members of the Community Services Commission Members of the Historic Preservation Commission Members of the Housing Commission Members of the Investment Advisory Board Museum Services Manager Planning Director Planning Manager Principal Engineer Principal Planner Public Works Director / City Engineer C. Limiteddisclosure on Form 700, Statement of Economic Interest, shall be required from the following positions pursuant to Government Code Section 82019(a) and FPPC Regulation 18701, except that the city manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of the disclosure requirements. The city manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. t ' 042 Ordinance 500 Amending Section 2.60.020 of the Municipal Code Re: Conflict of Interest Code Adopted: August 7, 2012 Page 3 Designated Positions Consultants DEFINITIONS OF DISCLOSURE CATEGORIES Full Disclosure — All investments, business positions, and interests in real property held on the date of assuming office and income received during the 12 months immediately preceding assuming office. In accordance with Government Code Section 87500, filers shall submit one original to the City Clerk who shall make and retain a copy and forward the original to the FPPC which shall be the filing officer. Limited Disclosure - All investments, business positions, and income from sources located in or doing business in the city and any interests in real property located in the city, property located not more than two miles outside the boundary of the city or property located within two -miles of any property owned or used by the city. In accordance with Government Code Section 87500, filers shall submit one original to the City Clerk who shall be the filing officer on behalf of the City of La Quinta, which shall be the code reviewing body. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty days (30) days after its adoption. SECTION 3. POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED, and ADOPTED this 7T" day of August 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California to';; 043 Ordinance 500 Amending Section 2.60.020 of the Municipal Code Re: Conflict of Interest Code Adopted: August 7, 2012 Page 4 ATTEST: SUSAN MAYSELS, Interim City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA 1 I, SUSAN MAYSELS, Interim City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. _, which was introduced at a regular meeting on the 171" day of July 2012, and was adopted at a regular meeting held on the day of 2012, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution No. 2006-115. SUSAN MAYSELS; Interim City Clerk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, Interim City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on 2012, pursuant to Council Resolution. SUSAN MAYSELS, Interim City Clerk City of La Quinta, California 044 COUNCIL/RDA MEETING DATE: August 7, 2012 ITEM TITLE: Authorization for Overnight Travel for the Community Services Recreation Supervisor to Attend the Aquatic Facility Operator Certification Course to be Held October 14 - 15, 2012 in Anaheim, California RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize overnight travel for the Community Services Recreation Supervisor to attend the Aquatic Facility Operator Certification Course to be held October 14 - 15, 2012 in Anaheim, California. FISCAL IMPLICATIONS: The costs associated with this workshop will be funded through the Community Services Administration Travel, Training and Meetings Account No. 101-3001-451.51- 01. The estimated expenditures are as follows: Aquatic Facility Operator Course and Exam = $275 Mileage ($0.555 x 70 miles each way) _ $ 78 Meals ($75/day x 2 days) = $150 Lodging ($150/day x 1 days) _ $150 TOTAL = $653 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Aquatic Facility Operator (AFO) Certification Course is designed for those who are responsible for operating clean, safe, and efficient aquatic facilities. The course offers in-depth instruction on filtration, disinfection, water testing and treatment, design considerations, facility management, risk management, and facility troubleshooting. 4 045 The AFO Certification Course is a training program specifically intended to meet the needs of those working in public recreation pool or waterpark facilities. The AFO program offers a unique discussion of risk management, not usually offered to operations personnel. Upon successful completion of the AFO course and exam, participants will be officially certified by the National Recreation and Park Association (NRPA) Certification Board. Certification is valid for five years and is renewable. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize overnight travel for the Community Services Recreation Supervisor to attend the Aquatic Facility Operator Certification Course to be held October 14 - 15, 2012 in Anaheim, California; or 2. Provide staff with alternative direction. Respectfully submitted, ti4 Edie Hylton Community Services Director Approved for submission by: 2 f�. AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: August 7, 2012 ITEM TITLE: Acceptance Of Senior Centel HVAC BUSINESS SESSION: Upgrade Project, Project No. 2011-13 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Accept the HVAC Upgrade Project as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $6,522 thirty-five (35) days after the Notice of Completion is recorded. FISCAL IMPLICATIONS: This action will release the remaining $6,522 of retention funds. CHARTER CITY IMPLICATIONS: The project is partially funded with Federal Energy Efficiency and Conversation Formula Block Grant funds. As such, the project was advertised with prevailing wage requirements. BACKGROUND AND OVERVIEW: On March 20, 2012, City Council awarded a construction contract to Polar Barr Air Conditioning, Inc., in the amount of $119,808.00 to implementthe HVAC Upgrade Project. The HVAC systems at both the La Quinta Senior Center and City Hall were in need of replacement due to their age (Attachment 1). On April 30, 2012, a Notice to Proceed was issued with a Forty -Five (45) working day contract completion time starting May 7, 2012, and ending on July 10, 2012. The project was deemed substantially complete on July 2, 2012. As per project specifications no liquidated damages or early completion incentives are recommended. 10 047 During the project, staff and the contactor determined that through the installation of control wiring, CO2 Sensors, and Variable Frequency Drive Controls the efficiency of the new equipment would be increased thus reducing electrical power consumption. Annual savings are estimated to be $7,500. These improvements were incorporated into the existing contract. The project budget was $141,503. The original construction contract amount was 119,808; the additional cost of the efficiency improvements were $10,626 for a total project construction cost of $130,435. The project's construction effort is now deemed to be 100% complete and is in compliance with the plans and specifications. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to approve this project as 100% complete and authorize. the City Clerk to file a Notice of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Accept the HVAC Upgrade Project as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $6,522, thirty-five (35) days after the Notice of Completion is recorded; or 2. Provide staff with alternative direction. Respectfully submitted, 4othy R. o ass E. Public Works irec /City Engineer Approved for submission by: Attachment: 1. Vicinity Mal 048 ATTACHMENT PROPOSED IMPROVEMENTS LA QUINTA LIBRARY TRADITION GOLF COURSE VICINITY MAP Not to Scale CITY COUNCIL MEETING: August 7, 2012 LA QUINTA CITY HALL ITEM TITLE: Acceptance of Senior Center Upgrade Project, Project No. 2011-13 DEPT. DIRECTOR: Timothy R. Jonasson, P.E., Public Works Director/City Engineer STAFF CONTACT: Bryan McKinney, P.E., Principal Engineer `'P . 049 Tur444.ar„ MEETING DATE: August 7, 2012 ITEM TITLE: Ratification of City Manager Approval of First Amendment Agreement between the County of Riverside and the City of La Quinta for the Coachella Valley Violent Gang Task Force RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Ratify City Manager Approval of First Amendment Agreement between County of Riverside and the City of La Quinta for the Coachella Valley Violent Gang Task Force for reimbursement for supplies and expenses incurred by the Task Force. FISCAL IMPLICATIONS: The Sheriff's Department shall reimburse the City in an amount not to exceed $31,756 ($35,084 less 10% cash match of $3,508 required by the Juvenile Accountability Block Grant (JABG)), through this grant amendment (Attachment 1). Reimbursement shall cover allowable expenses that include a vehicle purchase, janitorial supplies, general supplies, trash collection, communications, travel and uniforms. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City joined the Task Force in 2001, which was formed to address gang related activity on a multi -jurisdictional basis. The salaries of the Task Force members are paid for by the jurisdiction they represent; however, other expenses such as office supplies, rent, utilities, special training and special equipment, such as a vehicle are paid through grants obtained by the County or through other member contributions. 050 Beginning January 1, 2012 the City commenced providing accounting services consisting of depositing and tracking revenues and processing invoices approved by the Task Force, preparing grant reimbursement claims, preparing financial reports and signing agreements. The original agreement (Attachment 2) funding was for $8,755 and previously signed by the Interim City Manager. The amendment increases the funding to $31,756. The County of Riverside has previously approved this amendment and is requesting the City's approval so the Task Force may be reimbursed primarily for the purchase of a much needed van to transport team members with grant funds. The City is being asked to ratify this agreement at this meeting in order for the County to request reimbursement of grant funds. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Ratification of City Manager Approval of First Amendment Agreement between the City of La Quinta and Coachella Valley Violent Gang Task Force; or 2. Provide staff with alternative direction. espectfully submitted, John M. Falconer, Finance Director Approved for submission by: 4G k pe cek, y Manager Attachments: 1. First Amendment to Agreement between the County of Riverside and the City of La Quinta for the Coachella Valley Violent Gang Task Force. 2. Operational Agreement between the County of Riverside and the City of La Quinta for the Coachella Valley Violent Gang Task Force. C51 ATTACHMENT 1 Riverside County Sheriffs Department 4095 Lemon Street, Riverside, CA 92501 First Amendment to Agreement Between the County of Riverside and City of La Quinta For the Coachella Valley Violent Gang Task Force It is MUTUALLY AGREED that the Agreement between the County of Riverside and the City of La Quinta approved by the Board of Supervisors on February 28, 2012 for services effective January 1, 2012 through June 30, 2012, is hereby amended in the following respects, and all other terms and conditions of the Agreement remain in full force and effect: I. IV. FUNDING is amended to read as follows: IV. FUNDING The Sheriffs Department shall reimburse the City in an amount not to exceed $31,576 ($35,084, less 10% cash match of $3,508 required by the JABG). Reimbursement shall cover supplies and expenses incurred on behalf of the CVVGTF. Examples of allowable expenses are vehicle purchase, janitorial services, alarm services, electricity, trash collection, communications, general supplies, travel and uniforms. The source of funding is the JABG #CSA 155-11. The City agrees that the County's obligation to pay any sum under this Agreement is contingent upon the availability of sufficient JABG funds. In the event that JABG funding is suspended prior to the end of the one year grant period, funding for the City will be suspended, or prorated, accordingly. We, the undersigned, as authorized representatives of the County of Riverside and the City of La Quinta, do hereby execute this document. COUNTY OF,,RIVERSIDE By: R Title: Date: CITY OF LA JJ 0y:04Fr#Spevacek ' Title: ager Date: FOR P R CON CO CSI 3 -L BY: AL R 1PN1 �/ A E ,o , 052 ATTAGHMftN If Riverside County Sheriffs Department 4095 Lemon Street, Riverside, CA 92501 Operational Agreement Between the County of Riverside and City of La Quinta For the Coachella Valley Violent Gang Task Force TERM: January 1, 2012 through June 30, 2012 MAXIMUM REIMBURSABLE AMOUNT: $8,755.00 I. PARTIES TO THE AGREEMENT This Agreement is entered into by and between the County of Riverside (hereinafter "County") by and on behalf of the Sheriffs Department, and the City of La Quinta (hereinafter "City"). II. PURPOSE The State Corrections Standards Authority (CSA) has allocated funding to the County under the Federal Juvenile Accountability Block Grant (JABG) 2011/2012 Program. This agreement establishes the procedures for the Sheriffs Department to provide JABG funding for reimbursement to the City for expenses incurred during fiscal year 2011-2012 on behalf of the Coachella Valley Violent Gang Task Force (CVVGTF) for supplies and services. III. TERM The term of this Agreement shall commence on January 1, 2012, upon approval by both parties, and shall remain in effect for six months. IV. FUNDING The Sheriffs Department shall reimburse the City in an amount not to exceed $8,755 ($9,728, less 10% cash match of $973 required by the JABG). Reimbursement shall cover supplies and expenses incurred on behalf of the CVVGTF. Examples of allowable expenses are janitorial services, alarm services, electricity, trash collection, communications, general supplies, travel and uniforms. The source of funding is the JABG #CSA 155-11. The City agrees that the County's obligation to pay any sum under this Agreement is contingent upon the availability of sufficient JABG funds. In the event that JABG funding is suspended prior to the end of the one year grant period, funding for the City will be suspended, or prorated, accordingly. V. RESPONSIBILITIES A. City of La Quinta: The City shall comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. I. Sections 1 through 10, Grant Agreement CSA 155-11 (4 pages); I M 053 a Riverside County Sheriff's Department 4095 Lemon Street, Riverside, CA 92501 if. Exhibit A — Juvenile Accountability Block Grants Agreement Standard Conditions (7 pages); III. Exhibit B — Federal Assurances (3 pages); and IV. Exhibit C — General Terms and Conditions. The City agrees to bill the Sheriffs Department on a quarterly basis. Each invoice must be certified by the City as a valid CVVGTF expense and include source documentation that supports the billed costs. Travel vouchers detailing the purpose, time, and destination must be submitted to support travel claims; and purchase orders, invoices, etc., must be submitted to support operating expense claims. Invoices are due fifteen days after the last business day of the month. Reporting Period: January 31, 2012 February 29, 2012 March 31, 2012 April 30, 2012 May 31, 2012 June 30, 2012 Invoices Due No Later Than: February 15, 2012 March 15, 2012 April 15, 2012 May 15, 2012 June 15, 2012 July 15, 2012 Invoices should be mailed to the following address: Riverside County Sheriffs Department Attn: Grants Unit P.O. Box 512 Riverside, CA 92502 Sheriff's Department: The Sheriffs Department will process all reimbursement claims within thirty (30) days of receipt of the invoice. VI. BOOKS AND RECORDS The City shall maintain adequate fiscal books, records, documents and other evidence pertinent to the Agreement in accordance with generally accepted accounting principles, and maintain adequate accounting records in support of its claims. The City assumes responsibility for any disallowances which may arise as a result of audit exceptions. The City further agrees to make records and supporting documentation available to the Corrections Standards Authority or designees, and State or Federal auditors during the course of this Agreement and for a minimum of three years after final grant project audit. The City shall provide suitable facilities for access, monitoring, inspection, and copying of books and records relating to the grant funded project. VII. NONDISCRIMINATION The City shall not discriminate in its recruiting, hiring, promoting, demoting, or terminating practices on the basis of race, religious creed, color, national origin, 2 „ 0,54 Riverside County Sheriffs Department 4095 Lemon Street, Riverside, CA 92501 ancestry, physical handicap, medical condition, marital status, age, or sex in the performance of this Agreement, and to the extent they shall apply, with the provisions of the California. Fair Employment Practices Act (commencing with Section 1410 of the Labor Code), and the Federal Civil Rights Act of 1964 (P. L. 88-352). Vill. LIABILITY County and City, to the extent that liability may be imposed on the parties by the provision of Government Code Section 895.2, shall be liable for their own acts or omissions, including all claims, liabilities, injuries, suits, and demands and expenses of all kinds which may result or arise out of any alleged malfeasance or neglect, caused or alleged to have been caused by either County or City, their officers, directors, employees or representatives, in the performance or omission of any act or responsibility of their party under this Agreement. In the event that a claim is made against both the County and City, it is the intent of both parties to cooperate in the defense of said claim and to cause their insurers to do likewise. The terms of this section shall survive the termination of the Agreement. IX. SIGNATURES We, the undersigned, as authorized representatives of the County of Riverside and the City of Indio, do hereby execute this document. C/��I �ERSIDE CITY OF LA�INTA VA ` 9 By: Rodney i ue By: Mark Weiss Title: Chie D uty Title: Interim City Manager Date: Date: F Jr :o" Ar ROV, D C t NTY coUN BY n.� KlKIPNIf> ANT 3 p 055 Riverside County Sheriff's Department 4095 Lemon Street, Riverside, CA 92501 ancestry, physical handicap, medical condition, marital status, age, or sex in the performance of this Agreement, and to the extent they shall apply, with the provisions of the California Fair Employment Practices Act (commencing with Section 1410 of the Labor Code), and the Federal Civil Rights Act of 1964 (P. L. 88-352). Vill. LIABILITY County and City, to the extent that liability may be imposed on the parties by the provision of Government Code Section 895.2, shall be liable for their own acts or omissions, including all claims, liabilities, injuries, suits, and demands and expenses of all kinds which may result or arise out of any alleged malfeasance or neglect, caused or alleged to have been caused by either County or City, their officers, directors, employees or representatives, in the performance or omission of any act or responsibility of their party under this Agreement. In the event that a claim is made against both the County and City, it is the intent of both parties to cooperate in the defense of said claim and to cause their insurers to do likewise. The terms of this section shall survive the termination of the Agreement. IX. SIGNATURES We, the undersigned, as authorized representatives of the County of Riverside and the City of Indio, do hereby execute this document. OF Title: Date: FORN`IY GOUN KIPN By, l� CITY OF LA QUINTA SIGNED IN COUNTERPART By: Mark Weiss Title: Interim City Manager Date: 056 FA MEETING DATE: August 7, 2012 ITEM TITLE: Approval of the Plans, Specifications and Engineer's Estimate, and Authorization to Advertise for Bid, the Fred Waring Drive Median Island Landscape Improvements, Project No. 2011-04 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: Q_ CONSENT CALENDAR: 0 1.1 t1i i]Y.1 *X1 [IMF PUBLIC HEARING: Approve the plans, specifications and engineer's estimate, authorize staff to advertise for bid, the Fred Waring Drive Median Island Landscape Improvements, Project No. 2011-04, and authorize the City Manager to execute all necessary agreements and/or documentation approved by the City Attorney to obtain the participatory funding from the adjacent developers and/or their sureties. FISCAL IMPLICATIONS: This action will result in a projected expenditure of $1,015,240. The engineer's estimate of the construction costs is $649,269, the total project budget is as follows: Construction: $649,269 Design: $70,767 Professional: $51,000 Inspection/Testing/Survey: $68,998 Administration: $35,384 Contingency: $139,822 Total: $1,015,240 This project will be funded through a combination of Development Impact Fee (DIF) and anticipated developer/surety contributions. The exact amount of developer/surety contributions has not get been finalized. Both staff and the City Attorney have been in discussions with the developers and/or bonding companies i 057 of the Mayer Villa Capri, Bella Vista and Starlight Dunes projects. The City has received commitments from the bonding companies for Starlight Dunes in the amount of $102,000, which is the full amount of the bonds. Negotiations are on- going with the remaining two developers, but are expected to be completed shortly. Staff will report back on the outcome efforts at the time of project award. CHARTER CITY IMPLICATIONS: The project is 100% funded with locally generated funds (either developer fees or bonds). Therefore, because of the City's status as a Charter City, the City is not mandated to pay prevailing wage rates. BACKGROUND AND OVERVIEW: The project is located on Fred Waring Drive between Washington Street and Adams Street (Attachment 1). The proposed improvements include the installation of plants, irrigation, and low level lighting within the existing median islands. The landscape palette will be the approved "desertscape" theme for primary image corridors. On April 5, 2011, the City Council adopted Resolution 201 1-026 approving the Fiscal Year 2011/2012 through 2015/2016 Capital Improvement Program (CIP). The Fred Waring Drive Median Island Landscape Improvements were included within the adopted CIP and scheduled for funding during Fiscal Year 2011/2012. The project specifications and bid documents are now complete and available for review within the City's Public Works Department. In order to complete the process of obtaining the required participatory funding from the adjacent developers or their sureties, staff is also requesting that the City Council authorize the City Manager to execute all necessary agreements and/or documentation approved by the City Attorney to obtain that funding. Contingent upon the City Council's approval and authorization to advertise for bid on August 7, 2012, the following is the project schedule: City Council Authorization to Advertise for Bid Project Advertisement Project Award Sign Contract/Mobilize Construction (45 working. days) Accept Improvements August 7, 2012 August 8 - September 6, 2012 September 18, 2012 September 19 - October 15, 2012 October 2012 to December 2012 January 2013 058 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the plans, specifications and engineer's estimate (PS&E), authorize staff to advertise for bid, the Fred Waring Drive Median Island Landscape Improvements, Project 2011-04, and authorize the City Manager to execute all necessary agreements and/or documentation approved by the City Attorney to obtain the participatory funding from the adjacent developers and/or their sureties; or 2. Provide staff with alternative direction. Respectfully submitted, thy R. Joi son, Public Works Director ty Engineer Approved for submission by: Attachment: 1. Vicinity Map 059 ATTACHMENTI CITY OF PALM DESERT Colonel Mitchell Paige School Legend ® LA QUINTA PALM DESERT INDIAN WELLS Horizon High School APROPOSED IMPROVEMENTS BERMUDA DUNES (UNINCORPORATED) VICINITY MAP Not to Scale CITY COUNCIL MEETING: August 7, 2012 L- ITEM TITLE: Approval of the Plans, Specifications and Engineer's Estimate, and Authorization to Advertise for Bid, the Fred Waring Drive Median Island Landscape Improvements, Project No. 2011-04 DEPT. DIRECTOR: Timothy R. Jonasson, P.E., Public Works Director/City Engineer STAFF CONTACT: Bryan McKinney, P.E., Principal Engineer n 060 T-4f 4 4 a" COUNCIL SA / HA / FA MEETING DATE: August 7, 2012 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Approval of Assignment and Assumption Agreements for Tract Map No. 32879, Griffin Ranch, CONSENT CALENDAR: IOTA Griffin, LLC STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the assignment and assumption agreements for Tract Map No. 32879, Griffin Ranch, IOTA Griffin, LLC and authorize the City Manager to execute the agreements subject to revisions approved by the City Manager and City Attorney. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Griffin Ranch (Tract Map No. 32879) is located south of Avenue 54, north of Airport Boulevard, east of Madison Street, and west of Monroe Street (Attachment 1). On January 16, 2006, the City and Griffin Ranch, LLC and McComic-Griffin, LLC entered into subdivision improvement agreements for Griffin Ranch (Attachment 2). IOTA Griffin, LLC is acquiring the project interests from Griffin Ranch, LLC and IOTA Griffin, LLC desires to accept the subdivision improvement obligations. IOTA Griffin, LLC will be the new owner of the majority of the property covered by the agreements and has requested the City Council's approval of the assignment and assumption agreements now (before the Council's summer recess) due to IOTA's desire to continue the successful resolution of the settlement agreement among IOTA, 061 the Griffin Ranch Homeowner's Association (HOA), the previous developer and the previous developer's bonding company as well as the recordation of the foreclosure. It has been represented that the HOA has been very patient during this complicated process and is hoping that the process can continue forward now rather than waiting six weeks for the next Council meeting. Capstone Advisors is the owner of about 30 lots that are also covered by these agreements. Staff is still working with both Capstone Advisors and IOTA Griffin LLC for IOTA Griffin LLC to secure rights of entry to construct improvements on Capstone Advisor owned property. This effort will likely result in revisions to the standard Assignment and Assumption Agreement (Attachment 3), which will be used to prepare both the on and offsite agreements. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the assignment and assumption agreements for Tract Map No. 32879, Griffin Ranch, IOTA Griffin, LLC and authorize the City Manager to execute the agreements subject to revisions approved by the City Manager and City Attorney; or 2. Provide staff with alternative direction. Respectfully submitted, n T' othy on ss n, P.E. Public Wo s Di for/City Engineer Attachments: 1 2 3 Approved for submission by: Vicinity Map Subdivision Improvement Agreements Standard Assignment and Assumption Agreement ;a C. 62 ATTACHMENT 1 TM 32879 GRIFFIN RANCH w u~i AVENUE 54 w cn V) w ow 0 Z (n O ZO z O cn AIRPORT BLVD Y Q o :INITY MAP NOT TO SCALE :o C63 ATTACHMENT 2 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 32879 OFF -SITE IMPROVEMENTS THIS S,.TgWIjVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this i ft day of � D L(o'4 20 E kt by and between GRIFFIN RANCH and MCCOMIC-G IFFIN, both California Limited Liability Companies hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 32879 (the "Tract") pursuant to the provisions of Section 66410, at sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Securitv. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter refereed to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 064 QTILESIPROJECTSGRIFFIN RANCMPROJECT AMN,IGEME4T\Bond9Wnpmvement BondsIOFFSITE SIA GRR_MCG.da I are B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued .by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different forth and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty GARLESPRGJECTSGRIFFIN RANCNIPROJECT MANAGEMENTZonds\Mprove t Sonds\OFFSITE SIA GRR MCG.dw ' 10 . , - G 65 2 of 8 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution; the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider; or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty GIFRESIPROJECTS\GRIFFIN RANC"ROJECT MANAGEMENT\Bonds\Improvement BmdMOFFSRE SIA GRR_MCGdoC r� 3 of 8 .4 r 66 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Reguired. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdividers obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Sonds\OFFWE SIA GRR_MOG.da ' u \ r1 G % G:\FILES\PROJECTS\GRIFFIN RANCH\PROJECT MANAGEMENPon BdsWprwmme�I _ C 4 d V 1 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. G68 GinLESJ'ROJECTSIGRIFFIN RANCMPROJECT MANAGEMENTBonOs\snprowment Ba stOWSITE SIA GRR_MCG. x 5 Of B C. Neither parry to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-707 Thomas P. Genovese, City Manager ATTFRT Developer Address -51S ZIJc G Date Griffin Ranch, LLC and McComic-Griffin, LLC 9968 Hib rt St, Ste 102 San Di , CA 92131 ( to J m Wait, C.O.O./Treasurer) By:_ Date Title: R. Ge cCCooJmlc, Sgeretary, Trans West Housing Inc., Manager Date* Title: James Wait, Treasurer, Trans West Housing, Inc., Manager G.IFILESTROJECT&GRIFFIN RANCMPNOJECT MANAGEMEtTBond$*W cement Bond&\OFFSITE SA GRR_MCG.doc It C. 69 B W S Developer Address McComic-Griffin, LLC 9968 Hibert St, Ste 102 San Diego, CA 92131 (Atten R. Geoffrey McComic, V.P. / Secretary) Date Title: R. Geoffrey By: Trans West Housing, Inc., Manager Date Title: James Wait, Treasurer, Trans West Housing, Inc., Manager Reviewed and Approved: 41neerO- Date % Approved as t��n: it A torn Date GAFILESIPROJECTSZFBFFIN RANCFfPROJECT MANAGEMENTSWftMmpro fill Bm SIOFFSITE SIA GRR_MCG.dw - If 010 T of e Exhibit A OFF -SITE SECURITY - TRACT MAP NO. 32879 Improvements designated as 'Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Ave 54 & Madison Street $ 1,122,689 $ 1,122,689 Storm Drain $ 167,040 $ 167,040 Signing and Striping $ 120,133 $ 120,133 Totals $ 1,409,862 $ 1,409,862 Standard 10% Contingency $ 140,986 $ 140,986 Total Construction Cost $ 1,550,848 $ 1,550,848 Professional Fees, Design 5% S 77,542 $ 77,542 Professional Fees, Const 10% $ 155,085 $ 155,085 Bond Amount $ 1,783,475 $ 1,783,475 Equestrian Trait $ 121,000 $ 121,000 Totals $ 121,000 $ 121,000 Standard 10% Contingency $ 12,100 $ 12,100 Total Construction Cost $ 133,100 $ 133,100 Professional Fees, Design 5% $ 6,655 $ 6,655 Professional Fees, Const 10% $ 13,310 $ 13,310 Bond Amount $ 153,065 $ 153,065 Domestic Water $ 380,008 $ 380,008 Sanitary Sewer $ 156,773 $ 156,773 Totals $ 536,781 $ 536,781 Standard 10% Contingency $ 53,678 $ 53,678 Total Construction Cost $ 590,459 $ 590,459 Professional Fees, Design 5% $ 29,523 $ 29,523 Professional Fees, Const 10% $ 59,046 $ 59.046 Bond Amount $ 679,028 $ 679,028 WFILESTROJECTSIGRIFFIN RANCMPRGJECT MANAGEMENnllondsftprove t BondWFFSITE SAGRR_MCG.d= '. 'a . J oil 8 of a State of California County of San Diego On January 16, 2006 before me, Jenna B. McFarland, Notary Public, personally appeared James Wait, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature li /V � ' G (Seal) r W i 072 State of California County of San Diego On January 16, 2006 before me, Jenna B. McFarland, Notary Public, personally appeared James Wait, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. JENNA 8. MCfARIAND WITNESS my hand and official seal. Commisslon # 15J2255 @,My Notary Public . CaliforniaSan Diego county Comm. EVIM Dec 5. 20013 Signature U ,r cY �/; IC�,r/ir l--'(Seal) ,, 073 State of California County of San Diego On January 16, 2006 before me, Jenna B. McFarland, Notary Public, personally appeared R. Geoffrey McComic, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. JENNA B. MCF RED Commbslan ,y 1532265 }� -s Notary pabryo • Capfomla 7 Son Signature u'. {t71�'LL<i (Seal) Mrcomm.- cis2a 074 State of California County of San Diego On January 16, 2006 before me, Jenna B. McFarland, Notary Public, personally appeared R. Geoffrey McComic, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. JEN14A9. nncrnauwo Commbalon # 1531265 -s NotaryPublic - Cailtol ( - Son Diego Counly / (, My Comm. Expires Dec 5, 2008 Signature �i!(/� %� ��; 1;; t (Seal) .11 075 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 32879 ON -SITE IMPROVEMENTS THIS SUBDI.VI I?N IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 14 day of ._VLrji.(&CL1 20 �by and between GRIFFIN RANCH and MCC0MIC-GRrftPIN, both California Limited Liability Companies hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 32879 (the 'TRACT') pursuant to the. provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1.. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing the obligations thereby secured. G:T1LESPR0JECMGRIFFIN RANCIRPROJECT MANAGEMENTO=ds\ftp m BondSONSITE SIA GRR_MCGAm it 076 1of9 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 . (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or TRACT map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty G]FILESIPROJECT%GRIFFIN RANCMFROJECT MANAGEMENT nds\Improve t BmdMONSITE SIA GRR_MCG.d . it , 077 2 of 9 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without his authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty G:T1LES\PR0JEGTS\GRIFFIN RANCMPROJECT MANAGEMENT\Bonds\Impm'~t BaldMONSITE SIA GRR_MCG.da 3 � 07 8 3 019 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. S. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survev Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, at sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. QTILES\PROJECTS\GRIFFIN RANCNWROJECT MANAGEMENT\Sontls\Inprovemo�t Bantle\ONSITE SIA GRR_MCG.tla 079 40f9 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its'officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. G:IFIIESPROJECTS\GRIFFIN RANCRIPROJECT MANAGEMENnBondsXh pV ema t SonftONSITE SIA GRR_MCOAM It 0 8 0. 5 of 9 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 i 2 0 -ere Thomas P. Genovese, City Manager Dalh ATTEST: Developer Address Griffin Ranch, LLC 9968 Hibert St, Ste 102 San Diego, CA 9 131 (Atten: JamesL f.0.0. I Treasurer) Title: R. Geoffrey, omic, Secretary, Trans West Housing, Inc., Manager � It � By. Date Tide: James Wait, Treasurer, Trans West Housing, Inc., Manager GARLESPROJECT&GPURN RANCHIPRGJECT MANAGEMENnBWdsu PMMW B&WSkONSITE SIA GRR_MCG.d it ' ' . 081 6 of 9 Developer Address McComic-Griffin, LLC 9968 Hibert St, Ste 102 - San Diego, CA 92131 (Atten: R. Geoffre cComic, V.P. / Secretary) Date Title: R. Geoffrey McComic, Secretary, Trans West Housing, Manager 7 By: 4 Date Title: James Wait, Treasurer, Trans West Housing, Inc., Manager Reviewed and Ap roved: 3 �Io(o Ci Weer Date App v d as toF' torn Date .Fe., 082 70(9 G'.\FILES\PROJECTS\GRIFFIN RANCMPROJECT MAN4GEMENT\BanCs\ImO�'emenl Bales\ONSITE SIA GRR_MCG.Cx Exhibit A SECURITY — TRACT MAP NO. 32879 ON -SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the TRACT and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required TRACT improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading Totals Standard 10% Contingency Total Construction Cost Professional Fees, Design 5% Professional Fees, Const 10% Bond Amount Street Improvements Storm Drainage Totals Standard 10% Contingency Total Construction Cost Professional Fees, Design 5% Professional Fees, Const 10% Bond Amount Sanitary Sewer Domestic Water Totals Standard 10% Contingency Total Construction Cost Professional Fees, Design 5% Professional Fees, Const 10% Bond Amount $ 270,682 $ 2,706,818 $ 270,682 $ 2,706,818 $ 27,068 $ 270,682 $ 297,750 S 2,977,500 $ 14,888 $ 148,875 $ 29,775 $ 297,750 $ 342,413 $ 3,424,125 - $ 3,425,664 $ 3,425,664 $ 1,624,740 $ 1,624,740 $ 5,050,404 $ 5,050,404 $ 505,040 $ 505,040 $ 5,555,444 $ 5,555,444 $ 277,772 $ 277,772 $ 555,544 $ 555,544 $ 6,388,760 - $ 6,388,760 $ 1,268,432 $ 1,268,432 $ 1,347,302 $ 1,347,302 $ 2,615,734 $ 2,615,734 $ 261,573 $ 261,573 $ 2,877,307 $ 2,877,307 $ 143,865 $ 143,865 $ 287,731 $ 287,731 $ 3,308,903 $ 3,308,903 G:TILESTROJECTSIGRIFFIN RANCNWROJECT LW AGEMENT WUNIrtprolement OWdsONSITE SIA GRR_MCG.d= 1� �, 083 8 019 Improvement Description Performance Labor & Materials Dry Utilities $ 727,200 $ 727,200 Totals $ 727,200 $ 727,200 Standard 10% Contingency $ 72,720 $ 72,720 Total Construction Cost $ 799,920 $ 799.920 Professional Fees, Design 5% $ 39,996 $ 39,996 Professional Fees, Const.10% $ 79,992 $ 79,992 Bond Amount $ 919,908 - $ 919,908 Landscaping $ 2,829,200 $ 2,829,200 Totals $ 2,829,200 $ 2,829,200 Standard 10% Contingency $ 282,920 $ 282,920 Total Construction Cost $ 3,112,120 $ 3,112,120 Professional Fees, Design 5% $ 155,606 $ 155,606 Professional Fees, Const 10% $ 311,212 $ 311,212 Bond Amount $ 3,578,938 / $ 3,578,938 Monumentation $ 45,000 $ - Totals $ 45,000 $ - Standard 10% Contingency $ 4,500 $ - Total Construction Cost $ 49,500 $ - Professional Fees, Design 5% $ 2,475 $ - Professional Fees, Const 10% $ 4,950 $ - Bond Amount $ 56,925 - $ - Ik , 084 RANQMROJECT MANAGEMENnBmdMI nprovemsnl BcndsIONSITE SIA GRR MCO.dx 9 M 9 State of California County of San Diego On January 16, 2006 before me, Jenna B. McFarland, Notary Public, personally appeared James Wait, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature ', /T_;'.� l�Y2 �hLLZLC (Seal) =COnmWo�Ccc gNp 015J2265bec • c ftMj0 Docs.2WO �1. 085 State of California County of San Diego On January 16, 2006 before me, Jenna B. McFarland, Notary Public, personally appeared James Wait, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) ------------ ass State of California County of San Diego On January 16, 2006 before me, Jenna B. McFarland, Notary Public, personally appeared R. Geoffrey McComic, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. JENNA B. MCOMLAND _ _ — ' Comm # 1532� NoMry Publb - Ca9MmM Signature cry s�' �f "#'l;1,..; (Seal) Son gegocounry My Comm. Expkes Dec 5, 2008 F 087 State of California County of San Diego On January 16, 2006 before me, Jenna B. McFarland, Notary Public, personally appeared R. Geoffrey McComic, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ANT e. MCFARLAND CommWbn # 15J2265 .� ^ Notary Publb • Ca9romla San Diego County My Comm. Exp1m Dec 5, 2008 Signature 'if 1 %)/I: Ile (Seal) 088 ATTACHMENT ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT This ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT ("Assignment & Amendment") is made and entered into as of the day of 20 , municipal corporation of the State of California ("Assignor"), and by and among the CITY OF LA QUINTA, a ("City"), ,a _ ("Assignee"). RECITALS A. City and Assignor entered into that certain Subdivision Improvement Agreement, dated 20_ ("SIA"), pursuant to which Assignor, as the "Subdivider" defined in the SIA, agreed to plan for, install, and construct certain public and/or private improvements on Tract No. ("Tract"), as more fully described in Exhibit "A" of the SIA ("Improvements"). B. [Assignor desires to sell its interest in the Tract to Assignee. -In conjunction with such transfer,] Assignor desires to assign the SIA, and all of Assignor's rights and obligations thereunder, to Assignee and Assignee desires to assume Assignor's position with respect to the SIA and of Assignor's rights and obligations under the SIA subject to the terms of this Assignment & Amendment. C. In connection with the foregoing described assignment and assumption, the City and Assignee have agreed to certain modifications to the SIA as set forth herein to be effective upon full execution of this Assignment & Amendment by all the parties hereto. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Assignment and Assumption. Assignor hereby transfers and assigns to Assignee all of the Assignor's rights, title, and interest in and to, and obligations under, the SIA, and Assignee hereby assumes all rights, title, and interest in and to, and obligations under, the SIA. City hereby consents to the foregoing assignment and assumption. 2. Replacement of Improvement Security. Pursuant to the SIA, Assignor has furnished the City security for the Improvements in the form of: (a) A Faithful Performance Bond in the amount of for the following improvements: 975/015610-0002 311653.01 a12/27/04 089 (b) A Labor and Material Bond in the amount of improvements: (c) Other (Specify type and amount): for the following For purposes of this Assignment & Assumption, such security in the aggregate shall be hereinafter referred to as "Improvement Security." Assignee hereby warrants that within five (5) days of this executed Assignment and Amendment, it shall replace, Assignor's Improvement Security with security of its own in an amount equal to the Improvement Security, unless the City otherwise determines at its discretion and in writing that such security can be issued at a lesser amount. Assignee's security shall be in full compliance with the terms and conditions stated in the SIA for such security. The City agrees that upon receipt of evidence that Assignee has obtained such new security in a form satisfactory to the City, the City shall release the Original Subdivider's Improvement Security. 3. Incorporation of SIA Provisions. The SIA, and each provision therein, unless otherwise modified in writing, is incorporated in this Assignment & Amendment in its entirety and Assignee agrees and warrants that it assumes and is bound by each obligation found in the SIA in the same manner as Assignor prior to this assignment. [Signature On Following Page] 975/01561M002 8 090 311653.01 a1227/04 -2- IN WITNESS WHEREOF, the parties hereto have executed this Assignment & Amendment on _ day of 20 . CITY: City of La Ouinta 78-495 Calle Tampico La Ouinta, CA 92253 (760)777-7075 Its: ATTEST: City Clerk ASSIGNOR: Its: ASSIGNEE: Its: Date Date Date 975/015610-0002 ' 311653 01 a12/27/04 -3- 11.:) _ 091 CITY SAIHAXA MEETING DATE: August 7, 2012 AGENDA CATEGORY: BUSINESS SESSION: j CONSENT CALENDAR: { O ITEM TITLE: Adoption of a Resolution Accepting a STUDY SESSION: Donation from Phyllis Lewis PUBLIC HEARING: RECOMMENDATIONS: Adopt a Resolution accepting a donation from Phyllis Lewis to pay for an additional dog drinking fountain at Pioneer Park. FISCAL IMPLICATIONS: Per City policy, the City will pay the cost associated with installing a donated item. Mrs. Lewis is donating $1,500 and the total cost of the drinking fountain with installation is $1,668.28. The City will pay the remaining $168.28 to complete the installation from the Parks Maintenance Account No. 101-3005-451.56-52. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Pioneer Park was open to the public on January 1, 2008. The facility is located at the southeast corner of Miles Avenue and Seeley Drive. Currently, there are three shaded seating areas in the large dog park with dog drinking fountains next to two of them. Mrs. Lewis has requested that the City provide an additional drinking fountain next to the third shaded seating area because many facility users gather at that location. She has offered to donate $1,500 to fund a majority of the cost to install said fountain. 092 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution accepting a donation from Phyllis Lewis to pay for an additional dog drinking fountain at Pioneer Park; or 2. Provide staff with alternative direction. Respectfully submitted, Edie Hylton Community Services Director Approved for submit by: City Manager Attachment: 1. Adopt -A -Park Application from Phyllis Lewis 093 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A DONATION FROM PHYLLIS LEWIS WHEREAS, on July 30, 2012, Phyllis Lewis offered a donation to pay for an additional dog drinking fountain at Pioneer Park.; and WHEREAS, the donation was offered to the City of La, Quinta and was not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest of the City of La Quinta to accept the donation; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: The City of La Quinta hereby accepts the donation of approximately $1,500 for a dog drinking fountain at Pioneer Park. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 7Lh day of August, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 094 Resolution No. 2012- Lewis Donation Adopted: August 7, 2012 Page 2 ATTEST: SUSAN MAYSELS, Interim City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California W91 ATTACHMENT 1 CITY OF LA QUINTA - COMMUNITY SERVICES ADOPT -A -PARK PROGRAM APPLICATION Adopting Organization Information Park Adopting: Organization Name: Pr�s��/S L� i✓is Contact Person: Contact Address: 7�>-BOO �/roLG7" 177-: l.v 42611111m <f� �i�szJ3 Contact Email: Contact Phone Number: Approximate Size of Organization: Services/Donations Providing: OLIAIX770AI per" �/, SOO ,-VIE A ODG O/LN/G11V6 A:;VUN_7X/N Statement of Agreement The Adopting Organization shall have no power to incur any debt, obligation, or liability on behalf of the City. Adopting Organization shall not at any time or in any manner represent that it or any of its members are agents or .employees of City. In addition, participants in the Adopt -A -Park program are volunteers of the Adopting Organization and are not volunteers of the City of La Quinta. F- 096 Indemnification. To the fullest extent permitted by law, Adopting Organization shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents (collectively the "Indemnified Parties") from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, Adopting Organization's participation in this Adopt -A -Park program or by any of Adopting Organization's members or volunteers, including any non-members who are participating in the Adopt -A -Park program on behalf of Adopting Organization. All obligations under this provision are to be paid by Adopting Organization. Covenant Against Discrimination. Adopting Organization covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in Adopting Organization's participation in the Adopt -A -Park program. City reserves the right to terminate this Agreement at any time without reason. It is the responsibility of the Adopting Organization to maintain records of volunteers, their services, and hours of service. Printed Name: Signature: Date: 7—.30—/aZ 091 FA MEETING DATE: August 7, 2012 ITEM TITLE: Approval for a Request for Qualifications for Real Estate Analysis Services and Authorize Staff to Circulate RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Request for Qualifications for real estate and financial analysis services; authorize staff to circulate; and appoint a selection committee. FISCAL IMPLICATIONS: There are no funds budgeted in Fiscal Year 2012/2013. Staff will request an appropriation when the Council reviews/approves a professional services agreement. The anticipated budget is $50,000. BACKGROUND AND OVERVIEW: Upon hiring RSG's principal as City Manager, RSG's contract was terminated. However, the need for real estate and fiscal consulting services still exists. Upcoming projects and programs that will require these services include, but are not limited to, SilverRock Resort development; Village properties development and disposition; and the Housing Authority properties disposition and development. Staff has prepared a draft Request for Qualifications ("RFQ") which is included as Attachment 1. Staff is seeking firms or individuals with municipal experience to provide the following services: Real estate analysis; property acquisition and disposition assistance Project proposal and pro -forma analysis Developer negotiations Development agreement structuring Financial analysis Related services as needed es8 Statements of Qualifications are due on August 22, 2012. The City Manager intends to appoint the following staff to the selection committee: Les Johnson, Planning Director Debbie Powell, Economic Development/Housing Manager Staff will evaluate the Statements of Qualifications based on demonstrated municipal experience, expertise, and cost. Staff will then negotiate a Professional Services Agreement and schedule the final contract for Council consideration in the Fall 2012. Respectfully submitted, Debbie Powell Economic Development & Housing Manager Approved for submission by: Frank 4ApevaNk, Executive Director Attachment: 1. Request for Qualifications 099 ATTACHMENT City of La Quinta Request for Qualifications to Provide Professional Real Estate Analysis Services The City of La Quinta seeks Statements of Qualifications from Professional Real Estate and Financial Analysis firms with proven municipal experience to provide services. SERVICES REQUESTED, BUT ARE NOT LIMITED TO: • Economic Development. Real Estate analysis; financial analysis, property acquisition and disposition services; assist with implementation of the City's Economic Development Plan* and strategies; project proposal and pro -forma analysis; assist with developer negotiations and agreement structuring. • Affordable Housing. Real estate analysis; property acquisition and disposition; structuring and implementing the Housing Authority's affordable housing strategies; project proposal and pro -forma analysis; assist with developer negotiations and agreement structuring: *The City's Economic Development Plan is available on the City's website (www.la-quinta.org - business page). Proposal format Statements of Qualifications must be mailed to the City along with a letter of interest. Packages are to be submitted to the .City on or before 5:00 p.m. Wednesday, August 22, 2012. Proposals received after the deadline shall not be accepted. Qualification packages including a letter of interest shall be delivered to: Debbie Powell, Economic Development/Housing Manager City of La Quinta, City Manager's Office 78-495 Calle Tampico La Quinta, CA 92253 A proposal outlining the consultant's fee schedule shall be submitted with the Statement of Qualifications. 10 100 Consultants are encouraged to keep their qualifications brief and relevant to the specific work required.. 1. Statement of Qualifications (a) A listing of proposed project personnel, including resumes for principals. (b) Consultant's experience with similar work, including names and current phone numbers of reference for listed projects. (c) Specific experience with municipal government. 2. Fee Schedule The consultant is to submit a detailed fee schedule. and identify the non -personnel expenses that you seek reimbursement for. Selection Process The Statement of Qualifications and letter of interest will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants and may or may not elect to interview the candidates. The City will conduct contract negotiations with the top ranked firm. The successful consultant will be expected to enter into the attached Professional Services Agreement. Anticipated Schedule ■ Issue Request for Proposals August 8, 2012 ■ Qualification Statements Due August 22, 2012 ■ City Council Consideration of Professional Services Agreement City Rights and Options September 18, 2012 or October 2, 2012 The solicitation does not commit the City to award a contract, to pay any cost incurred with preparation of the proposal, or to procure or contract for services or supplies. The City reserves the right to accept or reject any or all submittals received in response to this request, to negotiate with any qualified source, or cancel in whole or part this process in its sole and absolute discretion. Subsequent to negotiations, prospective consultants may be required to submit revisions to this 2 1F 101 submittal. All, person or entities responding to this Request for Qualifications should note that any contract pursuant to this solicitation is dependent upon the recommendation of the City staff and the approval of the City Council. The City reserves the right to postpone selection for its own convenience, to withdraw this Request for Qualifications at any time, and to reject any and all submittals without indicating any reason for the rejection. As a function of this Request for Qualifications process, the City reserves the right to remedy any technical errors in the response to this Request for Qualifications and modify the published requested services. The City reserves the right to request that specific personnel with specific expertise be added to the project team, if the City determines that specific expertise is lacking. Qualification statements and other information (except for proprietary financial information) shall not be returned. The City reserves the right to abandon this Request for Qualifications process and/or change its procurement process for the contract at any time if it is determined that abandonment and/or change would be in the City's best interest. The City will not be liable for any costs or damage arising out of its response to this Request for Qualifications 3 102 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to , Project No. , as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). a 103 Last revised 7-3-12 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services ("Additional Services") when directed to do so by the Contract Officer. Consultant shall not perform any Additional Services until receiving prior written authorization from the Contract Officer. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforeceable. Failure of Consultant to secure the Contract Manager's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time due, whether by way of compensation, restitution, quantum meruit, etc. for Additional Services provided without the appropriate authorization from the Contract Manager. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.2 of this Agreement. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Last revised 7-3-12 2 104 Compensation") in a total amount not to exceed Dollars ($) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional Services." 2.2 Compensation for Additional Services. Additional services approved in advance by the Contract Manager pursuant to Section 1.6 of this Agreement, "Additional Services," shall be paid for in an amount agreed to in writing by both City and Consultant in advance of the Additional Services being rendered by Consultant. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for additional services must be approved by the La Quinta City Council. Under no circumstances shall Consultant receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of this Agreement. 2.3 Method of Billing. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. Last revised 7-3-12 3 105 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit C (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Extensions to the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Consultant to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with Sections 8.7 or 8.8 of this Agreement, the term of this agreement shall commence on , _, 20_ and terminate on _ 20_(initial term). This agreement may be extended for additional years) upon mutual agreement by both parties (extended term). 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. b. C. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. Last revised 7-3-12 4 - ...� 106 The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with, any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain Last revised 7-3-12 5 - O a a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's.performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured (on the Commercial. General Liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. The following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -:VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a Last revised 7-3-12 6 108 it provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.3 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. Last revised 7-3-12 7 .0 . 109 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. Last revised 7-3-12 8 110 u 9. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. Last revised 7-3-12 9 �� i 15. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant, expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 17. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 20. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to.charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 INDEMNIFICATION. Last revised 7-3-12 10 112 6.1 General Indemnification Provision.. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 6.2 Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these Last revised 7-3-12 11 it 113 requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. a. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 6.2(b). Notwithstanding Section 6.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 6.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. Last revised 7-3-12 12 •' 114 7.0 RECORDS AND REPORTS. 7.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 7.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 7.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required bylaw or as authorized by City. Last revised 7-3-12 13 115 8.0 ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.7. 8.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or Last revised 7-3-12 14 116 0 different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 8.3. 8.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 8.3. 8.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 9.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. Last revised 7-3-12 15 i , 9.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 10.0 MISCELLANEOUS PROVISIONS 10.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: To Consultant: CITY OF LA QUINTA Attention: Frank Spevacek, City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 10.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 10.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 10.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be Last revised 7-3-12 16 a 118 declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 10.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Frank J. Spevacek, City Manager ATTEST: Susan Maysels, Interim City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Date Last revised 7-3-12 17 - n -..IF J CONSULTANT: Title: Date: Last revised 7-3-12 18 120 Exhibit A Scope of Services Last revised 7-3-12 19 @ , 121 21 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.2 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement is ($ 1 ("Contract Sum"). The Contract Sum shall be paid to Consultant in installment payments made on a monthly basis and in an amount identified in Consultants Schedule of Compensation attached hereto for the work tasks performed and properly invoiced by Consultant in conformance with Section 2.2 of the Agreement. Last revised 7-3-12 20 16 122 Exhibit C Schedule of Performance Consultant shall complete all services identified in the Scope of Services, Exhibit "A" of this Agreement in accordance.with the attached Project Schedule, attached hereto and incorporated herein by this reference. Last revised 7-3-12 21 ' i1 • � _. 123 Exhibit D Special Requirements Last revised 7-3-12 22 '0�� • J CITY SA / HA / FA MEETING DATE: August 7, 2012 AGENDA CATEGORY: ITEM TITLE: Consideration of a Professional Services BUSINESS SESSION: Agreement with Willdan Financial Services for Feasibility CONSENT CALENDAR: — of Either a Citywide Park, Open Space and Trail STUDY SESSION: Assessment District or Special Tax and Preparation of the Preliminary Assessment Formation Report for Several PUBLIC HEARING: _ North La Qhints SiihrliN/icinnc C:tirrently Receivinn Sna_r-.ial Benefit — RECOMMENDATION: Direct staff to prepare a Professional Services Agreement with Willdan Financial Services for feasibility of either a citywide park, open space and trail assessment district or special tax, and preparation of the preliminary assessment formation report for several north La Quinta subdivisions in an amount not to exceed $27,295 and authorize the City Manager to execute the agreement subject to modifications as deemed necessary by the City Attorney. FISCAL IMPLICATIONS: This action will result in the expenditure of $27,495. The cost proposal does not include consultant and sub -consultant's travel expenses, which staff has estimated at $1,000. These expenses will be billed at cost by the consultant. The total amount budgeted for these two activities is $225,000. A budget of $1.50,000 for the feasibility study of either an assessment or special tax measure is contained in the Community Services Department - Park Maintenance Division (101- 3006-451.32-07). A budget of $75,000 for the assessment district formation for the North La Quinta sub -divisions is contained in the Public Works Department - Landscape Maintenance Division (101-7004-431.34-04) CHARTER CITY IMPLICATIONS: None at this time. ° 125 BACKGROUND AND OVERVIEW: In 2008 City approved a Professional Services Agreement (PSA) with Willdan Financial Services to prepare a feasibility analysis of forming a citywide park improvement and maintenance district. In 2009 the City Council reviewed a technical memorandum (Attachment 1) that recommended that a citywide district could be formed and a portion of park and trail improvement and maintenance cost could be funded. No further action was taken until February 2012. At the April 17, 2012 the City Council adopted the Fiscal Year 2012/2013 Engineer's Annual Levy Report (Attachment 2) which showed an estimated deficit for parks maintenance of $1,536,050 as well as an estimated deficit of $196,709 for right-of- way landscape maintenance. Staff also presented information that identified several north La Quinta subdivisions (Acacia, Cactus Flower, La Quinta Del Oro, La Quinta Highlands, Rancho Ocotillo, Topaz, Marbella, Quinterra, Century Homes/Siena Del Rey, and Inco/Desert Pride) that receive special benefit of having their perimeter, entrance and retention basin landscaping maintained. In particular, the City provides flowers at each of the entrances twice per year, decomposed granite to the flower beds as needed, and tree trimming annually similar to the maintenance that is normally provided by a homeowners association. The above mentioned subdivisions were not required to form homeowners associations (HOA's) or maintenance organizations when they were entitled but were instead incorporated into the City's landscape and lighting district. Table 3 of the Engineer's Report presented an estimated cost of $140,282 for the maintenance and administration of the north La Quinta subdivisions in Fiscal Year 2012/2013. Since these improvements benefit the adjacent subdivisions only this cost could be considered a special benefit and therefore the property owners who benefit could be assessed these costs. This would require evaluation in an Engineer's Report. No action was taken on either the formation of a parks assessment district or a perimeter landscape maintenance district at the July 3, 2012 City Council meeting but instead staff was directed to. bring back both items as two of the potential revenue options for consideration by the City Council. Willdan will only prepare the preliminary analysis for a parks assessment district and parks special tax as well as the preliminary analysis for a perimeter landscape maintenance district(s) for the north La Quinta subdivisions. Based upon this information staff will then make a recommendation as to which alternatives were suitable for a survey of the affected residents; this would occur in December 2012 or January 2013. The City Council would then determine how to proceed. The cost to conduct the preliminary analysis is $27,495. 126 Because Willdan Financial Services prepared the initial analysis and is intimately familiar with the City's needs, staff recommends that the City Council select this consultant to conduct the work. The City Council may authorize award and execution of service contracts with no competitive proposals where experience with the proposed service provider has demonstrated competence and satisfactory performance or in the renewal or renegotiation of existing contracts for continuing services. Staff believes that Willdan Financial Services' price to be competitive and that their demonstrated knowledge of the City's parks operations and budgets not likely to be matched by a local firm or out of the area consultant. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Direct staff to prepare a Professional Services Agreement with Willdan Financial Services for feasibility of either a citywide park, open space and trail assessment district or special tax, and preparation of the preliminary assessment formation report for several north La Quinta subdivisions in an amount not to exceed $27,295 and authorize the City Manager to execute the agreement subject to modifications as deemed necessary by the City Attorney; or 2. Provide staff with alternative direction. Respectfully submitted, T othy R J as o , P.E. Public Wor Dir r/City Engineer Approved for submission by: , City Manager Attachments: 1 . Willdan Financial Technical Memorandum 2. Fiscal Year 2012/2013 Engineer's Annual Levy Report " 127 May IZ2009 ATTACHMENT 1 Page 1 of 19 Memorandum To: Tun Jonasson and Ann Weaver, City of La Quinta From: Jim McGuire, Jennie Carter, Willdan Financial Services Date: May 12, 2009 Re: La Quinta Proposed Park Maintenance District Preliminary Rate Structure Summary of Findings On behalf of the City of La Quinta ("City' , Willdan Financial Services ("Willdan'� has conducted a preliminary analysis of the City's park, open space and trail improvements to evaluate the feasibility of establishing a district to provide a revenue source (funding) to support the maintenance and enhancement of the City's recreational improvements for the properties within the City. Over the recent months, Willdan has worked closely with City staff gathering relevant information regarding the City's park and recreational improvements and developing the parameters for establishing a possible Citywide Assessment District ("District") to fund the ongoing operational and maintenance costs of the parks, trails and open spaces (collectively referred to as "maintenance'D, as well as the long term repairs, renovations and rehabilitation costs associated with those improvements and facilities (collectively referred to as "capital costs"). While this memo identifies an estimate of the possible assessments that may be associated with this District, these assessments are only a preliminary estimate of those possible assessments based on some basic assumptions regarding the overall cost of providing the improvements, cost allocations and the method of apportionment. Ultimately, the various preliminary findings and factors that are outlined in this memo will require further analysis and refinement (particularly the budgeted, costs and method of apportionment) if the City decides to move forward with the possible formation of the District. This additional analysis and refinement of the costs and assessments would be addressed in the development of an Engineer's Report that is required pursuant to the Landscaping and Lighting Act of 1972 and the California Constitution (Proposition 218). As part of this evaluation, Willdan has reviewed the improvements and budget information provided by the City and has researched parcel data and factors that support the formation of an assessment district within the boundaries of the City. Secured roll data, including parcel numbers, acreage, ownership, and land use codes were analyzed against and united with current geographic information system data in an effort to determine a basic method of apportionment and rate structure for an assessment district. While our evaluation concludes that an assessment district is a feasible approach for the City to consider, such a district would require the establishment of benefit zones which would reflect differences in special benefits and assessments within the City (Zones of Benefit). Although approximately 83% of the parcels within the City could be assessed for special benefits received from all park and recreational improvements, approximately 15% would be subject to special benefit assessments for trail maintenance and capital costs only and the remaining properties (less than 20/6) io 128 1 May 12, 2009 _ Page 2 of 19 have been identified as receiving no measurable special benefits and would not be assessed for existing improvements. Although our evaluation has determined that an assessment district with zones of benefit is a viable approach to creating a revenue source to support the City's recreational improvements, such an assessment district requires that general benefits be separated from special benefits and the District may only assess for special benefit. Our analysis of the improvements and associated costs suggests that approximately fifty-five percent (559/6) of the regular annual maintenance costs would be considered special benefit, but capital costs, such as enhancement, renovation and rehabilitation of the improvements would be largely considered special benefits and recovered through the assessments, but such projects and costs need to be clearly identified and evaluated further as part of developing an Engineer's Report for the District. As outlined in this memo, we estimate that the City could recover approximately $1,268,500 of the $2,190,200 estimated to fully fund the maintenance and long term needs of the City's current park, open space and trail system infrastructure. The following provides a more detailed analysis of our findings and identifies key elements for the City to consider. Method of Apportionment Based on the provisions of the 1972 Act and the California Constitution, this section of the memo summarize an analysis of the benefits associated with the City's existing park, open space and trail improvements that may be incorporated into a citywide special benefit assessment district (both general and special); the resulting district structure (zones of benefit); and the formulas used to calculate potential proportional special benefit assessments based on the entirety of the cost to provide the improvements (method of assessment). Benefit Analysis The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include but are not limited to the construction, maintenance, operation, and servicing of park and recreational improvements. The 1972 Act requires that the cost of these improvements be levied according to benefit rather than assessed value: "Tbe net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method wbicb fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each sucb lot or parrel from the improvements. " In conjunction with the provisions of the 1972 Act, the California Constitution Article XIIID addresses several key criteria for the levy of assessments, notably: Article XIIID Section 2d defines District as: `District means an area determined by an agency to contain all parcels which will receive a special benft fmm a proposed public improvement or property -related service'; 129 2 May 12, 2009 Page 3 of 19 Article XIIID Section 2i defines Special Benefit as: `Special benefit" means a particular and distinct benefit over and above general benefits confemd on real property located in the distract or to the public at large. General enhancement of property value does not constitute "special benefit. " Article XIIID Section 4a defines proportional special benefit assessments as: An agency which proposes to levy an assessment shall identib, all parcels wbich will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each tdentied parcel shall be determined in relationship to the entirely of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shalt be imposed on any parcel which exceeds the reasonable cost of theprotortional special benefit confined on that parcel. " The method of apportionment (cost allocation) established for an assessment district requires that each assessed property receives special benefits from the improvements and services that are funded by such assessments, and the assessment obligation for each parcel reflects that parcel's proportional special benefits as compared to other properties that receive special benefits as outlined in the preceding definitions of the 1972 Act and the California Constitution.. In reviewing the location and extent of the City's parks, open spaces and trail system (Please refer to Diagram I — Improvement Details for an overview of the City's park, open spaces and trails) and the relationship these improvements have to properties within the City, it has been determined that all properties in the City (with the exception of the small area east of Monroe Street) are within one and a half miles (1 '/z miles) of an existing park and/or open space area, which is well within what would typically be considered the average service area for local parks and open spaces. (Please refer to Diagram 2 —1.5 Mdle Park and Open Space Radius for an overview of the sphere of influence of the City's park based on a 11/2 mile radius). Furthermore, these parks and open spaces can be easily accessed by the City s interconnecting trail system that is immediately adjacent to all but approximately two percent (2%) of the City's properties and/or developments. While this would suggest that collectively, the City's parks, open spaces and trails provide a direct and local benefit to the properties within the City, it is also reasonable to conclude that the use and accessibility to these improvements is not limited to the properties and the owners of such properties and therefore provide some identifiable general benefit. In our evaluation of the City's trail system it was determined that the City has an extensive trail system that extends throughout most of the City and these various trail segments provide direct access to the City's parks and open spaces as well as other trails, of which approximately twenty percent (20%) of these trail segments provide access points to and from areas outside the City. This accessibility from outside the City suggests potential use by the, general public and a measurable degree of general benefit. Similarly, consideration must be given to the likely or potential use of the City's parks by the general public to establish a level of general benefit for those improvements. Although actual park usage is often times difficult to quantify, in our research, the City's Community Services Department provided policy guidelines that the City has followed for a number of years that has limited non- resident participation in various recreational leagues to be no more than 25%. Clearly this indicates that the City (at least from a policy perspective) has limited or attempted to limit the general public's to 130 My 12, 2009 Page 4 of 19 use of the City's recreational improvements which in turn enhances a special benefit nexus to properties within the City. Collectively, trail accessibility from outside the City and limits on non- resident league participation strongly suggests that less than twenty-five percent (approximately 22.59/6) of these combined improvements and their associated maintenance costs would be quantified as general benefit to the public at large. In conjunction with the measure of general benefit to the public at large, it is also recognized that because these improvements are collectively associated with the entire City and are not necessarily specific to a particular development or developments (which is often times the case with assessment districts), clearly there is some measure of general benefit to the properties within the City as well as the general public. Therefore, in addition to those costs attributable as general benefit to the public at large, it is reasonable to conclude that an additional percentage of the annual maintenance costs for parks, open spaces and trails should be considered general benefit to properties within the City (District). For purposes of this preliminary evaluation, the general benefit to properties within the City has been estimated to be approximately twenty percent (20%) based on two considerations: 1.) If such improvements (park and recreation improvements) provide a certain degree of general benefit to the public at large, properties within the district and the owners of those properties should reasonably have a similar level of general benefit from those improvements (22.5% based on the previous discussion); 2.) Although it is certainly reasonable to conclude that parcels within 1 '/2 miles of the City's various parks and open spaces each benefit from such improvements and the trail system clearly enhances that benefit nexus, it is also reasonable to assume that a measure of special benefit requires a more direct local nexus. Therefore, utilizing a reduced park radius of between '/2 of a mile and '/4 of a mile (which would be considered reasonable walking distance and clearly a direct local association between the various park sites and the surrounding developments and subdivisions), it has been determined that only about seventeen percent (17%) of the developments, subdivisions and properties within the City would be outside this more closely defined park radius. (Please refer to Diagram 3 — Special Bene& Park Radius for an overview of the sphere of influence of the City's parks based on a radius of less than of a mile). Together these two considerations would suggest an average general benefit percentage of 20% to properties within the District. Based on the preceding discussion, collectively it is reasonable to conclude that approximately forty- three percent (42.5 %) of the City's annual maintenance cost for the existing parks, open spaces and trails should be considered general benefit (22.5 % to the public at large and 20% to properties within the City). However for purposes of this preliminary evaluation, the following discussion regarding budgets and assessments assumes a more conservative estimate of general benefit (Forty- five percent [45%1). This general benefit allocation would be applicable to the regular annual maintenance costs and incidental expenses associated with the improvements. Conversely, the costs to maintain various quasi -park improvements such as City Hall and the Civic Center Campus are considered to be entirely general benefit costs, while capital costs (excluding City Hall and the Civic Center Campus) are considered to be entirely special benefit because such efforts are for enhancement or expansion of the existing improvements which is entirely for the special benefit of properties in the City. ,p a 1.31 May 12, 2009 Page S of 19 Assessment Methodology In order to calculate and identify the proportional special benefit received by each parcel and their proportionate share of the improvement costs, it is necessary to consider not only the improvements and services to be provided, but the relationship each parcel has to those improvements as compared to other parcels in the District. Article XIIID Section 4a reads in part ":..The proportionate special benSt derived by each identfied parcel sball be determined in relationship to the entirety of the capital cart of a public improvement or the maintenance and operation expenses of a public impmvement or for the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the pmportional special here fit conferred on tbat parcel. " Parks, open spaces and trails, like most public improvements, provide varying degrees of benefit (whether they be general or special) based largely on the extent of such improvements, the location of the improvements in relationship to the properties, and the reason or need for such improvements as it relates to individual properties. In this analysis of a possible citywide district these issues are each considered in determining the proportional special benefit to each parcel by the use of benefit zones that reflect the extent and location of the improvements in relationship to the properties, as well as the specific use and size of each property which reflects each parcel's need for such improvements and its reasonable cost of the proportional special benefit as compared to other properties that benefit from those improvements. Zones ofBene6t In an effort to ensure an appropriate allocation of the estimated annual cost to provide the improvements based on proportional special benefits, this potential citywide assessment district would likely be established with benefit zones ("Zones") as authorized pursuant to Chapter 1 Article 4, Section 22574 of the 1972 Act: `The diagram and assessment may classi# various areas witbin an assessment district into different , s where, by reason of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of benet from the improvements. A tione shall consist of all territory which will receive substantially The same degree of benefilfrom the improvements. " While the California Constitution requires that "the pmportionate ipecral bent derived by each ideated Parcel shall be determined in relationship to the entirety of the capital cost of a public improvement or the maintenance and operation expenses of a public improvement...", it is reasonable to conclude that the location and extent of the specific improvements in relationship to those neighborhoods or groups of parcels immediately adjacent or in close proximity to those improvements must be considered. In reviewing the location and extent of the various park, open space and trail improvements and the relationship these improvements have to properties within the City, it has been determined that these improvements are clearly local amenities that are directly associated with or desired for the development of such properties to their full and best use. As such, these local improvements have a direct and particular special benefit to the properties within close proximity to such improvements, which enhance their access or use of such improvements and provide a level of service and amenities that are not directly associated with other properties. ..16 132 5 May 12, 2009 Page G of 19 As previously noted, with the exception of a small percentage of the parcels along the eastern boundary of the City, generally parcels within the City are located within a 1'/2- mile radius of an existing park or open space, and have direct and/or easy access to a park or open space via the City's existing trail system. In narrowing this radius to '/a mile, each parcel's proportional special benefit from the parks and trails is further clarified. In recognition of these differences, the District would initially be established with three (3) Zones to reflect the proportional special benefits that various properties receive from the various improvements and associated costs. The following provides a description of the three Zones: Zone 01 Zone 01 incorporates and includes those developments and properties in the City that are within '/<. of a mile (radius) of a park and/or open space, and is adjacent to or in close proximity to one of the City's trail segments that provide direct and easy access to those parks and open spaces. Accordingly, parcels within this Zone would be assessed for their proportional share of the costs to maintain these parks, trails and open spaces, as well as their proportionate share to fund related capital improvements, replacements, expansion and renovation of these improvements. Zone 02 Zone 02 incorporates and includes those developments and properties in the City that are more than '/e of a mile (radius) from an existing park and/or open space, but is adjacent to or in close proximity to one of the City's trail segments that provide direct and easy access to those parks and open spaces. Accordingly, parcels within this Zone would be assessed for their proportional share of the annual costs to maintain the trails but not the parks and open spaces. However, because of their easy access to the parks and open space areas via the rail system it has been determined that these properties should be assessed for their proportionate share to fund related capital improvements, replacements, expansion and renovation of not only the trails, but the park and open space improvements. Zone 03 Zone 03 incorporates and includes those parcels within the City that are not included in Zones 01 or 02. These developments and properties are more than '/, of a mile (radius) from an existing park and/or open space, and are not currently adjacent to or in close proximity to one of the City's existing rail segments. Accordingly, parcels within this Zone would not be assessed for the annual costs to maintain the rails, parks or open spaces. While a case could be made that these parcels would receive special benefits from various capital improvement, replacement, expansion and renovation projects associated with the City's parks, trails and open spaces, those special benefits would likely depend on the specific projects. Therefore, for purposes of this preliminary analysis, it is assumed that properties within Zone 03 would have limited or no special benefit from these projects and would be exempt from special benefit assessments until such time that trails and/or parks are expanded so that these properties have a direct local presence from those improvements. Although our analysis suggests that three Zones of benefit would be initially established for a citywide assessment district based on the current improvement infrastructure, these Zones could potentially be consolidated into two Zones and possibly a single Zone if the City were to add additional trails within Zone 03 and/or construct one or more parks in the eastern area of the City. 133 6 May 1 Z 2009 Page 7 of 19 Please refer to Diagram 4 — Zone and Improvement Detail for an overview of the three Zones and the relationship to the various improvements. For clarity purposes, Diagram 5 — Zone Detail provides an overview of the Zones without the improvement overlay. Equivalent Benefit Units In addition to the use of Zones, the method of apportionment established for an assessment district should reflect the proportional special benefit of each parcel utilizing a weighted methodology of apportionment. For purposes of determining an appropriate cost allocation, in this preliminary analysis we have utilized a weighted methodology typically referred to as an Equivalent Benefit Unit (EBU) methodology. This method of apportionment establishes the typically detached single-family home site as the basic unit of assessment. A single-family residential unit is assigned one (1.0) Equivalent Benefit Unit (EBU) and other property types (land uses) are proportionately weighted (weighted EBU) based on a benefit formula that equates each property's specific characteristics and special benefits to that of the single-family residential property. This proportional weighting may be based on several considerations that may include, but are not limited to: the type of development (land use), development -status (developed versus undeveloped), size of the property (acreage or units), population densities or other property related factors including any development restrictions or limitations; as well as the property's location and proximity to the improvements (which is addressed by its Zone designation). For the improvements and assessments outlined in this memo, it has been determined that the most appropriate proportional special benefit calculation for each parcel is reasonably determined by three basic property characteristics: • Location — as previously noted, each parcel in the District shall be identified and grouped into one of three Zones based on each parcel's proximity and relationship to the District improvements. • Land use — for purposes of this analysis, we have classified and grouped various land uses into a few basic categories including. Developed Non -Residential Properties (various commercial, industrial, institutional and other non-residential properties' including government owned properties); Residential Properties (Single-family, Multi- family, condominiums and timeshares); and Vacant land (undeveloped properties that may be zoned for either residential or non-residential use). • Property Size — Acreage for non-residential properties; Units for residential properties. Property size (acreage or units) provides a definable and comparative representation of each parcel's proportional special benefit not only to similar types of properties but to other properties as well. The following is a summary of the property types and Equivalent Benefit Unit assignments utilized for this preliminary analysis. The method of special benefit allocation to each parcel type shown below is based on typical industry standards, but adjusted to reflect the City's overall development characteristics including comparable residential density statistics from the U.S. Census Bureau from the years 2005-2007, and other documentation provided by the City. If the City chooses to move forward with the formation of an assessment district, it is likely that this basic allocation by land use 1. it - 134 7 May 12, 2009 Page 8 aj 19 may be expanded or modified to more accurately reflect the proportional special benefits to various property types. 0.75 Vacant I 0.50 per Unit IM. No Umits Acne I Minimum of 1 EBU, Maximum of 5 EBUs Based on the preceding method of special benefit allocation to each parcel type shown above and the parcel land use information from the most recent County secured roll data and the County's geographic information system ("GIS'), the following provides a summary of the number of parcels and Equivalent Benefit Units for each land use classification applied in this assessment analysis. Vacant Cost Allocations 8.00 959.25 Pursuant to the provisions of the. California Constitution, the proportionate special benefit derived by each parcel within an assessment district and its corresponding assessment obligation shall be determined in relationship to the entirety of the capital cost of a public improvement or the maintenance and operation expenses of a public improvement. The following formulas are used to calculate each parcel's Levy Amount (proportional assessment obligation): Step 1: Based collectively on the preceding discussion and findings, the estimated annual cost to provide the various District improvements have been identified as either general benefit or special benefit. Those improvement costs determined to be of general benefit shall not be assessed to properties within the District and these costs are deducted from the total budget to establish the improvement costs determined to be of special benefit. Total Budget — General Benefit Costs = Total Special Benefit Costs Step 2: Those improvement costs determined to be of special benefit are apportioned to each of the three Zones established, in proportion to the cost of providing the improvements for that Zone. As previously noted, it has been determined that 135 8 May 12, 2009 Page 9af19 properties within Zone 03 do not receive identifiable local special benefits from the City's existing improvements and receive only general benefit from those improvements and facilities. Therefore, no costs are budgeted as special benefit in this Zone and the properties therein are not assessed. Zone Specific Special Benefit Costs = Total Zone Budget Step 3: The Total Zone Budget minus any additional contributions from the City or other revenue sources establishes the `Balance to Levy" for that Zone. This Balance to Levy amount is proportionately allocated to each parcel within the Zone based on their calculated EBU. Total Zone Budget — Additional City,Contribution = Balance to Levy (Zone) Step 4: Each parcel's proportional special benefit is calculated based on the Equivalent Benefit Unit rationale previously discussed: Parcel's Land Use Benefit x (Acreage or Units) = Parcel's EBU Step 5: The total number of Equivalent Benefit Units for each Zone is determined by the sum of all individual EBU(s) applied to parcels that receive a special benefit from the improvements. An assessment amount per EBU (Assessment Rate) for each Zone is established by taking the Balance to Levy in that Zone, and dividing that amount by the total number of EBU(s) for that Zone. 1 Total Balance to Levy/Total EBU = Assessment Rate (Calculated per Zone) Step 6: This Assessment Rate is then applied back to each parcel's individual EBU to determine the parcel's proportionate benefit and assessment obligation. Rate per EBU x Parcel EBU = Parcel Levy Amount The potential costs (budgets) that would be used to establish the assessment rate for each Zone are outlined in the following section. Budget (Cost) Assumptions In this analysis, Willdan has utilized budget details provided by the City for fiscal year 2008/2009, as displayed in the following table, to establish an estimate. of expenses to properly maintain the improvements: w ^ 136 9 May 12, 2009 Page 11 of 19 Based on the cost assumptions and calculations described in the preceding table, it is estimated that approximately 2.19 million dollars ($2,190,200) is required to maintain the City's current park, open space and trail system infrastructure of which approximately $542,600 is budgeted for the City's long term repairs, renovations and capital improvement projects. However, only about $1,268,500 of these costs have been identified as special benefit costs, with approximately $1,194,100 being associated with Zone 01 properties; approximately $74,400 associated with Zone 02 properties; and no costs being associated with Zone 03 properties. Utilizing these cost estimates, a preliminary estimate of proposed assessments -for properties within the City has been developed based on the equivalent benefit units referenced in the preceding discussions. The following tables provide a summary of the special benefit cost allocations to the various Zones and land use types within those Zones. Total Cost Allocation Zone I CostAllocat ons Based on the preceding tables, a single-family residential property in Zone 01 would have an annual assessment of approximately $46.30, which would be the assessment rate per EBU for that Zone. Zone 2 Cost Allocations 4 138 11 May 1Z 2009 Page 12 of 19 Based on the preceding tables, a single-family residential property in Zone 02 would have an annual assessment of approximately $15.30, which would be the assessment rate per EBU for that Zone. Zone 3 CostA/locations Based on the preceding table, parcels within Zone 03 only receive general benefit from the existing improvements and therefore this Zone would have an assessment rate that is $0.00 pei EBU. If the City elected to pursue the implementation of a special tax rather than an assessment utilizing a similar method of apportionment but not the Zone structure, this same revenue amount (approximately $1,268,500) would equate to an annual tax rate of approximately $40 (amount per a single-family residential property) but applied to all properties in the City including those in Zone 03. If the City wanted to pursue the full funding of the improvements through a special tax (approximately $2,190,200), the annual tax rate would be approximately $94 (amount per a single- family residential property). iRegardless of whether the City selects an assessment district or a special tax to fund the City's parks and recreational improvements, the measure submitted to the property owners or voters should include an annual inflationary adjustment to be applied to future assessment/tax rates. Because the cost of operating, servicing and maintaining park, open space and trail improvements are impacted by inflation over time, the proposed assessment rates or tax rate and corresponding parcel assessment/tax should include an annual inflationary adjustment based on either a set percentage rate, or the annual percentage change in the local Consumer Price Index. Special Tax vs. Assessment District While the primary objective of Willdan's efforts and the focus of this memo has been to outline the feasibility and overall structure necessary to establish a Citywide Assessment District for the City's park, open space and trail system improvements, consideration. should also be given to the possibility of establishing a special tax to fund such improvements and costs. Although a special tax requires a two-thirds (66.71/o) approval of registered voters to implement compared to the simple majority approval of property owners for an assessment (weighted ballots), the following are some notable distinctions between special taxes and assessments that the City should consider: Advantages of a Special Tax > A special tax does not require the detailed support and analysis of special benefit and general benefit required for an assessment and given the recent State Supreme Court decision (Silicon 139 12 May 12, 2009 Page 13 of 19 Valley Taxpayers Association versus the Santa Clara County Open Space Autbority), judicial review and possible challenges are a greater concern for an assessment than previously was the case; A special tax can include costs which an assessment cannot (an assessment district cannot assess for general benefit while a special tax is only limited by the purposes specified for the special tax); The cost allocation structure for a special tax is typically more simplistic than an assessment district. A special tax usually is based on a single rate for the entire City (a flat rate that may be applied to various land uses or even a simple per parcel tax) compared to that of an assessment district that because of special benefit and proportionality requirements (particularly for a Citywide district), inevitably requires more than a single assessment rate and a more detailed or complex apportionment to various property types; a Because the cost allocation structure is usually less complicated for a special tax, public education and informational efforts are usually more focused on the need and advantages of the revenue source rather than explaining the differences in assessments which tend to make the ballot measure less controversial; Although a special tax has a greater voter threshold, those that are most likely to support funding for park and recreational improvements are usually the residents of the City (registered voters). Conversely for an assessment bmu alloting, out-of-town property owners, multi -family residential property owners (apartments) and non-residential properties may be less likely to support such an assessment and could have a significant impact on the voting results; n For the City of La Quinta, in addition to funding park and recreational improvements, a special tax could be constructed to also fund recreational services and programs and/or funding of the City's median landscaping (replacement of the current assessments which has limited revenue capabilities); and n For an assessment district, expansion of the existing improvements would likely facilitate modifications to the existing zones (areas of benefit) and increases to the assessments for the affected areas, a special tax would not require such modifications ultimately reducing administrative costs. Advantages of an Assessment a The most obvious advantage for pursuing an assessment rather than a special tax is the simple majority approval threshold, and if multi -family residential property owners (apartments) and non-residential properties (specifically commercial properties) are generally supportive of such assessments, the chances for a successful ballot outcome are good; Each property is assessed only for their proportional special benefits and benefits compared to other properties. Properties only pay for the local improvements that directly benefit the property (Example: In the proposed assessment district structure previously discussed, properties in Zone 3 would not be assessed unless and until local parks, open space or trails are constructed in their area); It ^ 140 13 May 1 Z 2009 Page 14 of 19 > While the City cannot use City funds to advocate either a special tax or an assessment, because approval of an assessment is not considered an election, there are fewer restrictions on the use of City funds for public outreach and education; > Balloting for an assessment can be done any time during the year (although there are some legal opinions to the contrary), while a special tax requires the election to be scheduled and conducted at specified dates established by the California Elections Code; and Balloting for a new assessment may be conducted by a mailed ballot proceeding; while the balloting for a special tax does not currently provide for a mailed ballot proceeding. (Typically a mailed ballot proceeding is less expensive to conduct than an election handled through the County Registrar of Voters). Additional Considerations The assumptions and calculations detailed in the preceding discussions reflect a preliminary estimate of possible assessment rates for the City's parks, open spaces and trails based on existing estimated maintenance cost data. Although the estimated assessment rate options outlined in this analysis certainly suggest that an assessment district may be a viable approach to funding the City's parks, open spaces and trails, there are several issues that must be considered: > The estimated annual maintenance costs outlined in this memo are based on the City's Fiscal Year 2008/2009 Park Operations Cost. > Our analysis relies heavily on County secured roll data for identifying and determining individual land uses and property characteristics (which is sometimes incomplete or inaccurate) as well as the County's geographic information system ("GIS'). Although an assessment rate based on this data is certainly appropriate, a detailed audit of all City parcels to identify accurate land use designations for all parcels, acreage for commercial and vacant properties and unit counts for multi -family residential properties is likely needed before assessment rates can be finalized. While we have included Capital costs based on the City's FY 08/09 Budget for Parks, the estimated costs and subsequent assessment rate estimates presented in this memo do not include the possible higher costs that will inevitably result from the City's plans to enhance and renovate the City's existing parks, open spaces and trail system. Further identification and estimates of the associated costs for those specific improvements or enhancements will need to be developed before finalizing an assessment rate that would fund this increased burden. In the next phases of the project (if authorized by the City) Willdan will continue to refine the methodology presented here by working on the parcel database as well as collaborating with the City staff to develop reasonable cost estimates and methodology for the rate structure. We look forward to our continued collaboration on this project with the entire team as the project progresses. Please feel free to call or email Jim McGuire to discuss these findings at 951.587.3536 and jmcguire@willdan.com 141 14 May 1Z 2009 Page 15 of 19 Diagram 1 Improvement Details La OWna Park Maintenance Di*tr (Peke, Open Spun and TWIs) Lae.d N W+E S WILLDAN FMa W services %MZ" .. I q 142 15 May 12, 2009 Page 16 of 19 Diagram 2 1.5 Mile Park and Open Space Radius La Qun1a Pmk Mainemimxe MaWd (Pinks, Olen S;eoasand TMls) �a ®o.rs r�aea. N W+E S WILLDAN Fi WWW Smvicw I n.ywd snam .._10 143 16 May 12, 2009 Page 19 of 19 r.a.a N W+E S WILLDAN Financial Services Diagram 5 Zone Detail La Quinfe Park Maintenance Digit (Parka, Open Spaces and Trails) a.w "2009 ..,t 146 19 e Suite 7 Temec T 951. F 951. •www.v ENGINEER'S REPORT AFFIDAVIT CITY OF LA QUINTA Street Lighting and Landscape District No. 89-1 Riverside County, State of California This Report and the enclosed diagrams show the exterior boundaries of the District as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this 1J"— day of ---a(r, -- 2012. - Wilidan Financial Services Assessment Engineer On Behalf of the City of La Quinta By: Stacee Reynolds Senior Project Manager, District Administration Services By: AL `G� / Richard Kopecky R. C. E. # 16742 148 21 ENGINEER'S REPORT CITY OF LA QUINTA STREET LIGHTING AND LANDSCAPE DISTRICT NO. 89-1 I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached was filed with me on the day of 2012. BY: Susan Maysels, Interim City Clerk City of La Quinta Riverside County, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached, was approved and confirmed by the City Council of the City of La Quinta, California, on the day of , 2012. BY: Susan Maysels, Interim City Clerk City of La Quinta Riverside County, California I HEREBY CERTIFY that the enclosed Assessment Roll was filed with the County Auditor of the County of Riverside, on the day of 2012. BY: Susan Maysels, Interim City Clerk City of La Quinta Riverside County, California ,. n 149 22 TABLE OF CONTENTS L OVERVIEW 1 A INTRODUCTION 1 B. HISTORICAL BACKGROUND AND LEGISLATION .1 A DESCRIPTION OF THE DISTRICT 2 A. DISTRICT BOUNDARIES AND SPECIFIC AREAS OF IMPROVEMENT 2 B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT 2 C. IMPROVEMENTS WITHIN THE DISTRICT 4 X. METHOD OF APPORTIONMENT 5 A. GENERAL 5 B. BENEFITANALYSIS 5 C. METHODOLOGY 7 IV DISTRICT BUDGETS 10 A DESCRIPTION OF BUDGET ITEMS B. 201212013 DISTRICT BUDGET C. AREAS OF ADDITIONAL SPECIAL BENEFIT 10 11 14 APPENDIX A - DISTRICT ASSESSMENT DIAGRAM 17 APPENDIX B - 2012/2013 COLLECTION ROLL 18 ,r 150 23 Wn Os I L OVERVIEW A. INTRODUCTION The City of La Quinta (the "City") annually levies and collects special assessments in order to provide and maintain the facilities, improvements and services within Street Lighting and Landscape District No. 89-1 (the "District"). The District was formed in 1989 pursuant to the Landscaping and Lighting Act of 1972 (the "1972 Act"), Part 2 of Division 15 of the Streets and Highways Code and authorizes the Agency to annually levy and collect assessments to maintain the services and improvements related thereto. This Engineer's Annual Levy Report (the "Report") describes the District, any changes to the District, and the proposed assessments for Fiscal Year 2012/2013. The proposed assessments are based on the estimated cost to maintain improvements that provide special benefit to properties assessed within the District. The various improvements within the District and the costs of those improvements are identified and budgeted separately, including expenditures, deficits, surpluses, revenues, and reserves. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor Parcel Number ("APN") by the Riverside County Assessor's Office. The Riverside County Auditor/Controller uses Assessor Parcel Numbers and specific fund numbers on the tax roll to identify properties assessed for special district benefit assessments. Each parcel within the District is assessed proportionately for those improvements provided by the District and from which the parcel receives special benefit. Following consideration of public comments, written protests at a noticed public hearing and review of the Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the assessments, the Council may order the levy and collection of assessments for Fiscal Year 2012/2013 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the County Auditor/Controller, and included on the property tax roll for each benefiting parcel for Fiscal Year 2012/2013. B. HISTORICAL BACKGROUND AND LEGISLATION The assessments for the District provide a special benefit to the parcels assessed, and the City utilizes General Fund Revenues to fund improvements and services that are considered general benefit. 201 V2013 LLD 89-1 Page 1 of 18 24 151 �NILWDs AWN This District was formed pursuant to the 1972 Act, which permits the establishment of assessment districts by cities for the purpose of providing for the maintenance of certain public improvements, which include the facilities existing within the District, as those improvements provide a special benefit to parcels. The City Council reviews the current and projected years' costs for the construction, operation, maintenance, and servicing of the District facilities and sets the assessment for the ensuing fiscal year, which runs between July 1 and June 30. A DESCRIPTION OF THE DISTRICT A. DISTRICT BOUNDARIES AND SPECIFIC AREAS OF IMPROVEMENT The boundaries of the District are coterminous with the boundaries of the City. The Diagram of the District showing the exterior boundaries has been submitted to the City Clerk at the City and is included by reference. B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT !!> As applicable or may be applicable to this District, the 1972 Act defines improvements to mean one or any combination of the following: • The installation or planting of landscaping. • The installation or construction of statuary, fountains, and other ornamental structures and facilities. • The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The maintenance or servicing, or both, of any of the foregoing. . The acquisition of any existing improvement otherwise authorized pursuant to this section. 201=013 LLD 89-1 Page 2 of 18 25 152 WILLDAN I Riamial services Incidental expenses associated with the improvements including, but not limited to: • The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; • The costs of printing, advertising, and the publishing, posting and mailing of notices; • Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; • Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5. • Costs associated with any elections held for the approval of a new or increased assessment. The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including: • Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. • The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Furthermore, the 1972 Act specifies that where the cost of improvements (other than maintenance and operations) is greater than can be conveniently raised from a single annual assessment, an assessment to be levied and collected in annual installments. In that event, the governing body may choose to do'any of the following: • Provide for the accumulation of the moneys in an improvement fund until there are sufficient moneys to pay all or part of the cost of the improvements. 201212013 LLD 89-1 Page 3 of 18 153 26 WILLDAN I Flnamial Services • Provide for a temporary advance to the improvement fund from any available and unencumbered funds of the local agency to pay all or part of the cost of the improvements and collect those advanced moneys from the annual installments collected through the assessments. • Borrow an amount necessary to finance the estimated cost of the proposed improvements. The amount borrowed, including amounts for bonds issued . to finance the estimated cost of the proposed improvements. C. IMPROVEMENTS WITHIN THE DISTRICT The District improvements are. the operation, servicing and maintenance of landscaping, lighting and appurtenant facilities, including, but not limited to, personnel, electrical energy, water, materials, contracting services, and other items necessary for the satisfactory operation of these services described as follows: 2012/2013 • Landscaping and Appurtenant Facilities include, but are not limited to; landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance and appurtenant facilities, located within the public street rights -of -way, parkways, medians, trails, and dedicated street, drainage or sidewalk easements within the boundary of the District. • Lighting and Appurtenant Facilities include, but are not limited to, poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, controllers and appurtenant facilities as required to provide safety lighting and traffic signals within public street rights -of -way and easements within the boundaries of the District. LLD 89-1 Page 4 of 18 27 154 ReLDA naLiai Swviiceess Maintenance is defined as the furnishing of services and materials for the operation and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of landscaping, public lighting facilities, or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste. • Servicing is defined as the furnishing of water for the irrigation of the landscaping and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities. The plans and specifications for the improvements are on file in the office of the City Engineer and are by reference made a part of this report. METHOD OF APPORTIONMENT A. GENERAL The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements that include the' construction, maintenance and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." The formula used for calculating assessments in this District therefore reflects the composition of the parcels, and the improvements and services provided, to apportion the costs based on benefit to each parcel. B. BENEFIT ANALYSIS Properties within the District boundary are found to derive a special benefit from the improvements provided by the District. These properties include single family residential, non-residential, vacant residential and non-residential, golf courses, 2012/2013 LLD 89-1 Page 5 of 18 it 1 155 W. WILLDAN inanclal services agricultural and hillside conservation properties, vacant and remote non- residential and rural and estate residential properties. Special Benefits The method of apportionment (method of assessment) is based on the premise that each assessed parcel receives special benefit from the improvements maintained and funded by the assessments, specifically, landscaping and lighting improvements installed in connection with the development of these parcels. The desirability of properties within the District is enhanced by the presence of well -maintained parks, landscaping and lighting improvements in close proximity to those properties. The annual assessments outlined in this Report are based on the estimated costs to provide necessary services, operation, administration, and maintenance required to ensure the satisfactory condition and quality of each improvement. The special benefits associated with the parks and landscaping improvements are specifically: • Enhanced desirability of properties through association with the improvements. • Improved aesthetic appeal of properties within the District providing a positive representation of the area. • Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping. • Environmental enhancement through improved erosion resistance, and dust and debris control. • Increased sense of pride in ownership of property within the District resulting from well -maintained improvements associated with the properties. • Reduced criminal activity and property -related crimes (especially vandalism) against properties in the District through well -maintained surroundings and amenities. • Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods, specifically: 2012/2013 • Enhanced deterrence of crime — an aid to police protection. • Increased nighttime safety on roads and highways. • Improved visibility of pedestrians and motorists. LLD 89-1 Page 6 of 18 N 156 WILLDAN Frmcial Sw1im • Improved ingress and egress to and from property. • Reduced vandalism, damage to improvements or property, and other criminal acts. • Improved traffic circulation and reduced nighttime accidents and personal property loss. • Increased promotion of business during nighttime hours in the case of commercial properties. The preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District. C. METHODOLOGY Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method that distributes the net amount to be assessed among the assessable parcels in proportion to the estimated special benefits to be received by each such parcel from the improvements. The special benefit formula used within the District should reflect the composition of the parcels - and the improvements and services provided therein - to apportion the costs based on estimated special benefit to each parcel. (r> The cost to provide maintenance and service of the improvements within the District shall be equitably distributed among each assessable parcel based on the estimated special benefit received by each parcel. Equivalent Dwelling Units To equitably spread special benefit to each parcel, it is necessary to establish a relationship between the various types of properties within the District and the improvements that benefit those properties. Each parcel within the District is assigned an Equivalent Dwelling Unit ("EDU") factor that reflects its land use, size and development, or development potential. Parcels that receive special benefit from the various District improvements are proportionately assessed for the cost of those improvements based on their calculated EDU. The EDU method assessment for this District uses the Single Family Residential parcel as the basic unit of assessment. A Single Family Residential ("SFR") parcel equals one EDU. Every other land -use is assigned an EDU factor based on an assessment formula that equates the property's specific land -use and relative special benefits compared to the Single Family Residential parcel. The EDU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for districts formed under the .1972 Act, as the benefits to each parcel from the improvements are apportioned as a function of land use type, size, and development. The following 2012/2013 LLD 89.1 - Page 7 of 18 157 30 WILLDAN I Rnweiai serAm table provides a listing of land use types, the EDU factors applied to that land use and the multiplying factor used to calculate each parcel's individual EDU for each improvement provided in the District. During the formation of the District, a methodology was developed to calculate the EDUs for other residential and non-residential land use parcels, which are outlined below for reference. Every land use is assigned EDUs based on the assessment formula approved for the District. Parcels which have been determined to receive greater benefit than the SFR parcel are assigned more than 1 EDU and parcels that are determined to receive lesser benefit than SFR parcels are assigned less than 1 EDU as reflected in the Assessment Methodology. exempt Parcels "Y* 0 0TM ti f iitikl�R' Smgie FamilyResidenhal Parcelsk �ro`I1�ronit<x',, IVon-Tiesib�end$I�Parcels r 5 0 per atxe �I 0 ini�tMur�, ", e � � x x 'Y'fi s wr's�^ +Y:r 3.f3 t'IYsa NY'Xp accent Rcsident�al Parcels Y aCahta�on,Re�Ab�nhafParcels '� .�� 1�65 pgraere^for-ti"rs�f.2�1°��tttY�"?�� "' Go��C."o"urse�Parcels,x :, f> �050' e�:aciera�b,ifiifit 3��+x �'�';" um�°'�: r „rlcaltil Rare els 1 A , 0 25€per acrg �1 m nimum h I,�illside Conservative zone Parcels °0 0 p '"" " " ^'Y � of aca '.Remote Esarcels 0 825 � "f"itst20/a�}'es " ��a g F�upllEatata,Ras�dential 1 0 + 0 33 P?�aadr�;{n ces + �a� "�' *" n� Single -Family Residential The City's General Plan allows up to one acre of area for subdivided residential lots. The subdivided single family lot equal to or less than one acre in size is the basic unit for calculation of the benefit assessments. Parcels less than one acre in size zoned for single-family residential use are assessed one (1) EDU. Non -Residential The factor used for converting nonresidential is based on the average number of typical single-family residential lots of five per acre. Therefore, non-residential parcels will be assessed five (5) EDUs per acre with a minimum number per parcel of one (1) EDU. Vacant Residential Parcels defined as single family residential parcels less than one acre and having no structure will be assessed 33 percent (33%) of a single-family dwelling, or 0.33 EDU per parcel. 2012/2013 LLD 89-1 Page 8 of 18 158 31 WILLDAN I Financial services Vacant Non -Residential Parcels not considered single family residential parcels less than one acre, and having no structure will be assessed based on acreage. The typical development in La Quinta occurs in increments of twenty (20) acres or less. The first twenty (20) acres of a Vacant Non -Residential parcel will be assessed at a rate of 33 percent (33%) of developed nonresidential properties, or 1.65 EDU per acre or any portion of an acre. The minimum number of EDUs per parcel is one (1) EDU. Any parcel of land greater than twenty (20) acres is considered open space and exempt from assessment until such time as parcel subdivision or development occurs. Golf Courses Properties identified as golf courses will be assessed a rate of 10 percent (10%) of the developed nonresidential properties, or 0.50 EDU per acre or any portion of an acre. The minimum number per parcel is one (1) EDU. Agricultural Properties identified as agricultural will be assessed a rate of 5 percent (5%) of developed nonresidential properties, or 0.25 EDU per acre or any portion of an acre. The minimum number per parcel is one (1) EDU. Hillside Conservation Parcels located in areas zoned Hillside Conservation per the City's Official 1 Zoning Map will be assessed on the basis of allowable development within the Hillside Conservation Zone. The parcel will be assessed as one dwelling unit per ten (10) acres or 0.10 EDU per acre or any portion of an acre. Vacant and Remote Non -Residential Parcels (Annexation No. 9) Parcels not considered single family residential parcels less than one (1) acre and do not contain structures, will be assessed based on acreage. The City defines Vacant and Remote Non -Residential as parcels physically separated from City services and not readily able to develop due to difficult access and utility limitations. The land values are typically one half the value of other Vacant Non -Residential parcels because of the high cost of constructing appropriate access and utility infrastructures necessary. The Vacant and Remote Non - Residential parcels are assessed a rate of 0.825 EDUs per acre or portion thereof, for the first twenty (20) acres, with a minimum of one (1) EDU per parcel. Rural/Estate Residential Parcels of one acre or more in size, but having only one residential unit are identified as Rural/Estate Residential. These parcels will be assessed a rate of one (1) EDU for the first acre and 0.33 EDUs for each additional acre or portion of an acre. 2012/2013 LLD 89-1 Page 9 of 18 ..:0 159 32 WILLDAN I Flnancial Services Exempt Property Publicly owned property and utility rights -of -way are exempt from assessment, as well as parcels of land shown on the County Assessor's records as Vacant Desert Land, Vacant Mountain Land, Agricultural Preserve and Public Utility owned land. This Report does not propose an increase in the District assessment rates for Fiscal Year 2012/2013 over or above the maximum rate established. The proposed rate per EDU for Fiscal Year 2012/2013 is the same rate assessed for Fiscal Year 2011/2012. The base assessment rate to be approved for Fiscal Year 2012/2013 is $35.60. The maximum assessment rate per EDU may not increase without a vote of the property owners in the District. Therefore, the assessment is proposed to remain at the maximum. amount of $35.60 per EDU. This equates to total projected assessment revenue of $961,361. The City proposes the remaining $1,985,759 be funded through a General Fund contribution of $1,732,759 and $253,000 of revenue from CSA 152. IV DISTRICT BUDGETS A. DESCRIPTION OF BUDGET ITEMS The 1972 Act requires that a special fund be established and maintained for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purposes as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. The following describes the services and costs that are funded through the District, shown in the District Budgets. District Costs Personnel — Reflects relevant City Staff salaries, wages and benefits, and also includes Worker's Comp insurance, Stand -By, and Overtime labor. Contract Services — Includes contracted labor, such as the Riverside County Tax Roll Administration Fees, maintenance and repair of traffic signals, tree trimming, and security service. Rental Services — Reflects funds used for the purpose of uniform rental. Vehicle Operations — Includes the maintenance of fleet vehicles. Utilities — Includes the electric, telephone, and water services. 2012/2013 LLD 69-1 Page 10 of 18 33 �W1i Travel Training & Meetings — Reflects the funds used for the purposes of training and meetings. Information Technology — Includes computers, printers, and other related items and services. Operating Supplies —This item includes plant replacement, safety gear, field materials, and the materials used for the purposes of removing graffiti. Small Tools/Equipment — Includes non -capital small tools and equipment. District Administration — The cost for providing the coordination of District services and operations, response to public concerns and education, as well as procedures associated with the levy and collection of assessments. This item also includes the costs of contracting with professionals to provide any additional administrative, legal or engineering services specific to the District including any required notices, mailings or property owner protest ballot proceedings. B. 2012/2013 DISTRICT BUDGET For the purpose of estimating costs for the maintenance and servicing, actual costs are used where possible. However, where the improvements are new, or where actual maintenance experience is lacking, cost estimates will be used to determine costs. The Budget of estimated cost of operation, servicing, and maintenance for Fiscal Year 2012/2013 is summarized on the next page in Table 1. 2012/2013 LLD 89-1 Page 11 of 18 34 161 WILLDAN I FlnancW Services Table 1 Fiscal Year 2012/2613 Budget Person OU z ' `� ; x s, ` r331a�teen�tahentFulhiinje c i$204.r40` r 's s, $82 039ia $t22,362 ,� Other tg &ecfuabn b45 ' �' 3T434 54 610 f92 ,, „ , a -�a3 r��'�t s�k � fir FTWBIPetSannel x� ka.$2g6 � �'` '�zrtt19474 r $178972' rpCp��oetrBctyp M(Ught�,rgcdb,Ret7ot4� Clv�ieC,e�ter,� n � 5Lake,�Maf�tenanca:}^`� i OQa KIs�aP IUgF Malntenana� � r � 4 � 127.5W �3 rx20 4 1L G ?l.�r�j,Fit�an "{ M2�5YW M 'fq Und&*O_W, tMW1Un5��ejMehcais! k ! 3'f 78�4 .e ^f^t.iX '�` § ki { ! +i L Z, F S d♦ J X il° ,�Tteea�n��f{Ry-� mb - 4 k.Lnitorlai8 li '�6 . r t'S, 26 t)W« (y9 b�^ tb Seri ri8on hard Wk p269 4 t PCN f i -ns -ten a= , -. ,''7r#al CotitYaet Sarvices r z �'v < $1 b15YS86s „ . s'S.4 47,62 7W,S45YAST, 5 Rental SeliflCes v a'111i1fOf711S5AfLt€'t. wP� K i, 7$1:320 t # «$t`3205 S1132W 13 "f"8 `4'T i` w^7F7 jx�^x+am. W Uljkil�'nt 8`g0h„es + GvetliciaI a.. v 1.. utal'.Yeh cie.o"iatlorte . Jf,'? .*war=ax+ =ra ve,&638t 5149 (S00' ftd, �V�:t `�., ki!� . 4MI t r5146'o00 322�000� i200�000� Vd�. $617800t. `'> -k', $349 AU0%� _ rTMee Ini ����' INeeN ,54�`Skr*�TCWLTraveiTr"alni 6Meet1 " s . `;•$tut30. < <z: <r ." � .� .. .;v-E600'i tMormaRi,aDdm u�ls`PdPitersandS§[SIeAs &,;. ` ... 1ff$55 $4'931 5'424 Teoh�l r 'fix "r�roWt, fotmattonTeehnol 10355 931 s$5'424' Operatingy� Plant Re lacer ? - $56'000 $50000 ,fit 8nPV8es jr _ „C#`aifi8 ttero4ztat ,. °,•Sh,.. .25000,E `. 10:0001 15:bOQ' "SSafetyOaarw'," 400 . 400 ° •:,t r ..}u ..65000 �- 35000 r50000s <�. TCWIO DbrMI no Su ppiles �z''$250 ' ST1`000 SmaBTools/f , tNti(fCa ital" "',:..i.' ._'` " r, ... $250 IV340,648 ^ r $t 79=323` District s ." P"G'bfc Wi $3328 „ gdminis.k7atf 95`.06 .039239' -: " 58 7.,27- Admiriistratlon bfWn 127149 '; $7%422 556'T27 -. :TOW LWKfsCa & r '' 1 ass (C 152 Revenue` $253 000 "P'` * Getieial�F'iinda :u� T32 759 Litim -$1 Balance to levy, �6131 ; Total EDU < 27,006 2012/2013 LLD 89-1 Page 12 of 18 fr ' 162 35 WILLDAN I Financial Services The following information was obtained from the Riverside County Assessor's Secured Roll, Assessor's Parcel Maps, and the City's Planning Department. The land use categories were developed to classify the different land use types in the City. Table 2 (1) The difference in the. "Balance to Levy figure in the previous table and the land use classification proposed levy in this table is due to the Riverside county even penny requirement for each charged parcel. At the time of the Report there was a decrease in EDU assessed of 76.50 over the prior year estimates. Actual changes will be based on the final County Secured Roll for Fiscal Year 2012/2013. The difference is due to changes in County Land Use Classifications and development. 2012/2013 LLD 89-1 Page 13 of 18 ,f , 163 36 C. AREAS OF ADDITIONAL SPECIAL BENEFIT In conjunction with the review of the District budget, Willdan analyzed several North La Quinta subdivisions that receive special benefits from the District by having their perimeter and entrance landscaping maintained by the District. Table 3 shows certain areas within the City that require additional maintenance costing approximately $126,721 annually. These maintenance costs include turf, shrub, irrigation, as well as water, electric and plant replacement costs. The District's budget includes the following administration line items: $70,422 for administrative costs, $119,474 for Personnel costs, $15,000 for the Engineer's Report and $15,000 for financial services administration fee, totaling $219,896. Dividing $219,896 by the District's total EDU count of 27,008 yields an administration cost of $8.14 per EDU. In addition to the maintenance costs for the areas shown in Table 3 below, it is estimated that $13,561 is required for administration, which was derived by multiplying $8.14 times the number of lots (1,666) in those areas receiving additional benefits. This $8.14 per EDU figure is an estimate and it is not indicative of what the actual administration cost would be in these areas after a more detailed assessment formation engineering analysis is completed. The total maintenance and administration costs for the additional work required in these areas total approximately $140,282 as shown in Table 3 below. These costs are currently being financed by the the District. In order for the City to recover these funds through assessments placed on properties, certain proceedings would need to take place. This involves the City Council initiating proceedings through resolution to form a landscaping district under the 1972 Act, and ultimately sending out ballots to the affected property owners in conformance with Proposition 218. A landscaping district could be formed as an overlapping district, which would be in addition to the current assessment. A separate Engineer's Report detailing the analysis of special and general benefit would be required describing the improvements and properties involved. After approval of the Engineer's Report, the City Council would need to adopt a resolution stating its intention to form the landscaping district and set the time and place for a public hearing. The district would require that the ballots submitted in favor of the assessment outweigh those submitted in opposition to it, with ballots weighed according to the assessment amount. Table 3 details the maintenance and administration costs involved in the areas being discussed: 2012/2013 LLD 8&1 Page 14 of 18 164 37 2012/2013 Table 3 Areas of Additional Special Benefit LLD 89-1 n�I S AN Page 15 of 18 165 38 2012/2013 Table 3 Areas of Additional Special Benefit LLD 89-1 Page 16 of 18 16 6,, 39 MWILLDAN I namial Services APPENDIX A — DISTRICT ASSESSMENT DIAGRAM The Boundary Diagrams for the original districts have previously been submitted to the Clerk of the City in the format required under the 1972 Act and are made part of this Report by reference. The parcel identification, lines and dimensions of each parcel within the District are those lines and dimensions shown on the Assessor Maps of Riverside County for the year in which this Report was prepared and is incorporated by reference and made part of this Report. 2012/2013 LLD 89-1 Page 17 of 18 40 167 WILLDAN I Financial Swvlcw APPENDIX B — 2012/2013 COLLECTION ROLL Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Riverside County Assessor Parcel Maps and/or the Riverside County Secured Tax Roll for the year in which this Report is prepared. Non -assessable lots or parcels may include government owned ,land; public utility owned property, land principally encumbered with public right-of-ways or easements and dedicated common areas. These parcels will not be assessed. A listing of parcels within the District, along with the proposed assessment amounts, has been submitted to the City Clerk and, by reference, is made part of this Report. Upon approval of the Report and confirmation of the assessments, the assessment information will be submitted to the County Auditor/Controller, and included on the property tax roll in Fiscal Year 2012/2013. If the parcels or APNs within the District and referenced in this Report, are re -numbered, re -apportioned or changed by the County Assessor's Office after approval of the Report, the new parcel or APNs with the appropriate assessment amount will be submitted to the County Auditor/Controller. If the parcel change made by the County includes a parcel split, parcel merger or tax status change, the assessment amount submitted on the new parcels or APNs will be based on the method of apportionment and levy amount approved in this Report by the City Council. 201212013 LLD 89-1 Page 18 of 18 168 41 FA MEETING DATE: August 7, 2012 Consideration of a Professional Services Agreement with Henson Consulting Group, LLC to Facilitate a Municipal Services Delivery Option Review, and Appropriation of $125,000 of Unused Fiscal Year 201 1 /2012 Legal Expenditure Funds to the Contract Services Account RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: 2- CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Direct staff to prepare a Professional Services Agreement with Henson Consulting Group, LLC. to facilitate a municipal services delivery option review in an amount not to exceed $49,000; appropriate $125,000 of unused Fiscal Year 2011/2012 legal expenditure funds to Account 101-1002-413.31-01, Contract Services (Special Studies, Appraisals and Audits); and authorize the City Manager to execute said agreement subject to modifications as deemed necessary by the City Attorney. FISCAL IMPLICATIONS: This action will result in the expenditure of up to $49,000 for the first phase of a three phase process. At the conclusion of the Phase 1 Work Program, staff will determine whether the City requires additional services from Henson Consulting to implement the Phase 1 recommendations. If additional services are desired, a new work program will then be developed for City Council consideration. Because there may be additional services required of Henson Consulting, staff is recommending that $125,000 be appropriated at this time. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On May 1, 2012, the City Council discussed program options to achieve a balanced budget for Fiscal Year 2012/2013. These options included $1,937,664 in operating cost reductions and $1,075,500 fo $1,650,000 in potential revenue enhancements. While the Fiscal Year 2012/2013 Budget does project $2,070,270 in 169 additional revenues, the Fiscal Year 2012/2013 Budget still requires $2,250,000 in "Future Operation Reserves" (derived from the City's General Fund Reserves) to balance the operating budget. The May 1" discussion also identified 2Y Program Changes (which generally involve eliminating occupied positions) that may be required in order to obtain a sustainable revenue and expenditure balance. In discussing the 2Y Program Changes, the Interim City Manager suggested that it is likely that the next City Manager may consider structural reorganizations in an effort to realize greater organizational efficiencies. Since starting work on June 4, 2012, the City Manager has been reviewing departmental operations with the Department Directors, and evaluating what other progressive cities and counties have been undertaking to obtain a sustainable revenue and expenditure balance. In addition, the recommended 2Y Program Changes and the process used to craft said recommendations have been reviewed. From this review and the input received through consultations with City Council members, Department Directors, staff and community stakeholders, the City Manager is recommending that the City undertake a comprehensive review of: • the services the City provides • service and service level options • service delivery options • the staff and other components required to deliver these services • the cost to deliver these services • the best practices of other communities that deliver the same or similar services. This review would initially focus on non-public safety services. The Fire Services contract currently is generating revenues in excess of service cost; however, this circumstance could change if the former Redevelopment Agency agreements with the County of Riverside are modified. The City and the County reviewed the Police Services Contract in June 2012. Since this contract was recently renewed, there is no plan to review this contract at this time. Henson Consulting Group, LLC. In order to conduct this review, staff is recommending that the City retain Henson Consulting Group, LLC. Henson Consulting has previously worked with the City Department Directors and Department Managers under the direction of Tom Genovese. Their first engagement entailed working with the Economic Development and Housing division of the City Manager's Office to clarify staff responsibilities and establish clear lines of communication. The success of this work resulted in a second engagement wherein the work centered on up leveling the organization's management skills and capacity to effectively address the changes generated by new financial and service 170 challenges. This prior work allows them to provide their personal insights regarding the City's current management structure and systems. The firm also has an extensive background in resetting municipal and small business organizations. Attachment 1 to this report presents Henson Consulting's proposal for service Delivery Options. It envisions a three phase approach; staff is recommending that the City retain this firm to conduct the Phase 1 Work Program. Upon evaluating the results of the Phase 1 activities, the Department Directors and the City Manager would then determine whether additional services are required to implement the Phase 1 effort. Basically, the Phase 1 activities would entail a comprehensive review of current City services, levels of service, staffing and delivery cost. Unlike other similar organization reviews, their Work Program is not designed or intended to "study" the organization but instead to guide the management team and our associates through a process wherein the management team reviews the business units and business practices associated with each business unit, and identifies service delivery options. In addition, Henson Consulting will provide real time examples of the best practices municipalities throughout the country are using to modify their service delivery approaches. This effort will be completed by December 2012 and the service delivery options, and their associated costs and benefits, will be reviewed with the City Council. Based upon Council direction, the management team will subsequently develop an implementation strategy for City Council review during the first quarter of 2013. The goal is to address service costs land in conjunction with measure to increase revenue) so that the City may end Fiscal Year 2012/2013 without having to use the full $2,250,000 in "Future Operation Reserves" to balance the operating budget. Staff is recommending that the City retain Henson Consulting to conduct the Phase 1 Work Program for a not to exceed cost of $49,000. We are recommending that they be retained without conducting a competitive bid process because: • They have prior experience working for the City and working with City Department Directors and staff; • They have extensive knowledge of municipal operations and organizations, as well as private sector organizations and operations; • Review of their cost proposal indicates that it is cost competitive; and • They have a record of resetting organizations that have later proven to be successful due to their efforts. In formulating this recommendation staff did research other firms that could provide these services, including firms located in the Coachella Valley. However, these firms did not offer the same level of intimate knowledge of municipal operations and organizations. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Direct staff to prepare a Professional Services Agreement with Henson Consulting Group, LLC. to facilitate a municipal services delivery option review in an amount not to exceed $49,000, appropriate $125,000 of unused Fiscal Year 201 1 /2012 legal expenditure funds to Account 101-1002-413.31-01, Contract Services (Special Studies, Appraisals and Audits), and authorize the City Manager to execute said agreement subject to modifications as deemed necessary by the City Attorney; or 2. Provide staff with alternative direction. Respectfully submitted, J. SgXabkkJCity Manager Attachment: 1. Henson Consulting Group, LLC. Proposal 172 July 24, 2012 To: Frank J. Spevacek, City Manager City of La Quinta From: Cindy Henson Subject: Proposal for Service Delivery Options for Fiscal Sustainability Thank you for contacting Henson Consulting Group regarding assisting the City of La Quinta with reviewing service delivery options. Based upon our discussions, the City is seeking municipal management expertise to: • Identify efficiencies and service cost reductions; • Implement a reorganized City structure to improve service delivery and customer service; • Permanently eliminate the City's structural deficit prior to or during the 2013-14 fiscal year; and • Reduce service costs so that General Fund revenue may be allocated to underwrite a capital improvement program starting in the 2014-15 fiscal year. We view this engagement as a continuation of the work we were undertaking for former City Manager Tom Genovese. That work centered on up leveling the organization's management skills and capacity to effectively address new financial and service challenges brought on by the great recession. Since that time, the elimination of redevelopment has created a greater urgency for cities, such as La Quinta, to forge new plans to maintain fiscal sustainability and redesign city organizations to function in an environment of shrinking revenues and limited sources of consistent general fund revenue. The Work Program presented in this proposal will generate a fiscal sustainability plan that will bring the City operating budget into structural balance prior to, or during, the 2013-14 fiscal year. The plan will be developed by working with the City's management team to: • Identify the non-public safety services provided by the City of La Quinta; • Identify service level options; • Outline the staff required to perform these services; Service Delivery Options Proposal 1 7/24/2012 113 • Determine the personnel and non -personnel costs associated with these services; and • Develop service delivery options (and their associated cost) for City management and Council consideration. The Work Program is divided into three phases. The first phase will identify methods for streamlining internal operations and provide suggestions for pursuing alternative methods of service delivery that prove cost efficient over current practices. The second phase would entail developing an execution strategy to implement the service delivery options recommended by the City management team and approved by the City Council. The third phase would encompass assisting the City management team with implementing the execution strategy. This proposal presents a Work Program and fee for the Phase 1 services. Based upon our discussions, upon the conclusion of the Phase 1 effort, the City management team will determine whether or not additional services are required to develop and implement the execution strategy. The not to exceed cost for the Phase 1 services is $49,000. For this engagement, Henson Consulting Group has added Dana Smith, a seasoned local government executive with 28 years of extensive experience in assessing and reshaping city management and service delivery. You will find her biography and full resume attached to this proposal. Phase 1 Work Program Service Delivery Option Review/Recommendations (August — December 2012) ➢ Meet with the City Manager to refine vision, overall direction and goals and review and assess the following: o Short and long term financial objectives o The City's services and the desired service levels o The services the City has historically contracted with outside agencies or private sector entities; o The City's long term maintenance and capital improvement programs o Key investments and strategies needed to financially reposition the City for long term prosperity ➢ Work with Department Directors to: o Identify current services, levels of service, staffing and delivery cost o Evaluate service delivery options including: ■ Internal restructuring of service delivery, shared staffing, process improvement and the use of technology to reduce operational costs ■ Service level options ■ Private sector outsourcing / contracting Service Delivery Options Proposal 7/24/2012 114 ■ Shared service arrangements with the county or neighboring cities ■ Elimination or reduction of functions or services ➢ Provide a confidential report with recommendations that presents service delivery options, their associated costs and a preliminary implementation strategy. The report would also outline near and long term strategies that could be incorporated into the FY 2012-13 mid -year budget adjustments, and the FY 2013-14 operating budget. ➢ Provide monthly project status report to the City Council Phase 1 Tasks and Schedule August • Meet with City Manager and Finance Director a. Clarify scope of work b. Establish schedule and assemble reference materials • Interview Department Directors (one-on-one) • Kick off meeting with City Manager and Department Directors September -October • Conduct a City-wide financial review with Finance Director and Department Directors a. Review FY 2012-13 budget estimated/actuals b. Review five year financial projections (especially major revenue sources) i. Consider PERS FY 2014-15 increases ii. Review automatic escalators in existing MOU's iii. Review existing public safety contracts iv. Assess short and long term strengths and weaknesses in economic indicators Assess each departmental budget, services, staffing and workload by conducting a series of departmental director meetings (within and across departments) a. Identify the services and service levels of each department and division b. Assess technology and customer service methods c. Review departmental performance metrics d. Assess staffing levels, competencies and workload e. Review administrative policies and procedures f. Review employee manual and human resources practices October - November Identify cost reduction options (e.g. internal realignment to capture efficiencies, contracting, outsourcing and/or shared services) Service Delivery Options Proposal 7/24/2012 175 • Identify alternative staffing models • Provide a draft set of recommendations December • Provide an analysis and recommendations report • Conduct a Council Workshop a. Seek Council policy direction on implementation choices and timing Each Month • Status and progress reports Estimated Hours it Tasks Estimated on -Site Hours Estimated Prep Hours Total Estimated Hours Augwst ®� 1 Meet with City Manager and Finance Director 8 8 16 2 Interview Department Directors (one-on-one) 16 8 24 3 Kick off meeting with City Managerand Department Directors - 16 8 24 September October liiiiiiiiiiiiiiiii■ 24 ice■ 8 I� 32 4 Conducta City-wide Financial Reviewwith Finance Director(& Dept. Directors) 6 Assess each departmental services, budget, staffing and workload 40 8 48 Oc[obet-November ®® 6 Vet cost reduction options for current year FY 12-13 8 4 12 7 Identify alternative staffing models 8 8 16 8 Provide a draft set of recommendations to the City Manager 8 8 16 December ®� 8 16 - 24 9 Provide an analysis and recommendations report to the City Manager 10 Seek Council policy direction on implementation choices and timing - 8 12 20 11 IConduct Council Workshop 16 8 24 MOntN ®I®II® 16 8 24 12 Provide Status Re ports to City Manager and City Council (4 each) PHASE I - ESTIMATED HOURS 176 104 280 Rates Henson Consulting Group's public sector rates are $175.00 per /hour. The services presented in this proposal would be charged on a time and material basis with a not to exceed amount of $49,000. Invoices would be issued monthly. Period of Performance August 8 through December 31, 2012. Service Delivery Options Proposal 4 7/24/2012 176 Henson Consulting Team Bios Dana Smith would be the Project Manager for this engagement. I have designated her for this position due to her many years of experience as an innovative and results oriented executive in cities and local government agencies. Cindy Henson will be a team member and brings her organizational design, change management and creative staffing expertise to this engagement. Dana Smith joined Henson Consulting Group in 2012 following a long and distinguished 28-year career in local government. She is a visionary leader, with extensive knowledge in all aspects of local government leadership, fiscal management, land use, economic development, organizational development and business practices. Ms. Smith spent 10 years as the Orange County Local Agency Formation Commission (LAFCO) Executive Officer where she focused on efficiency in government by facilitating numerous successful public agency consolidations, annexations, and city incorporations resulting in millions of savings to the agencies. Ms. Smith is noted for her skill and knowledge of encouraging local governments to explore alternative methods of service delivery. She authored a powerful new section to state law in early 2000s that required LAFCO's to prepare regional Municipal Service Reviews to provide encouragement to consolidate and collaborate on service delivery. She continued her focus on excellence in government as the Assistant City Manager for the Cities of Chula Vista, Napa and Newport Beach. Most notably, she has guided each City through difficult fiscal challenges while simultaneously up -leveling city services. In the City of Napa, she restructured and streamlined the Development Services Departments and led intergovernmental negotiations with the County for service sharing (water and affordable housing). Under Ms. Smith's leadership, The Orange County Business Council awarded Newport Beach it's prestigious "Turning Red Tape into Red Carpet" award following significant organizational and process changes instituted in the City's Planning and Building Divisions. She also oversaw several outsourcing contracts and led four alternative service delivery projects while in the City of Newport Beach that helped reshape the size of its city government. Ms. Smith has a Masters of City Planning from San Diego State University and a Certificate from Harvard's Executive Program for State and Local Officials. Cindy Henson brings 29 years of experience in organizational development, process improvement, and outsourcing from both the customer and supplier perspective, and leading successful organizational change (see her resume for details). Ms. Henson is adept at designing and implementing consensus -building processes that foster innovative solutions among diverse groups. In addition to her strong leadership and facilitation skills, she brings strong business thinking and analytics to the unique service delivery requirements of the public sector. During the recent economic downturn, former La Quinta City Manager, Tom Genovese, requested services to right size the organization to meet reduced service demand and reduced annual revenues. The City decided to meet these new demands by internally restructuring and downsizing the organization through an early retirement offering. Ms. Service Delivery Options Proposal 5 7/24/2012 Henson assisted the City with aligning staffing levels with projected service needs, facilitating employee exit strategies, and mitigating impacts on the employees that remained. The implementation services included streamlining department projects and programs and re -deploying resources to deliver mandatory services. A project -focused work flow was successfully piloted and is now being implemented citywide on the Washington Street Apartments Project. Subsequently, Cindy conducted a leadership and management academy for the City departmental and division heads that were either new to their roles or wanted to enhance their skills in doing more with less. Ms. Henson recently performed a Core Business Process Analysis for the newly formed Transportation Department of the City of Carlsbad. The Department Director needed to identify the department's core services and then to characterize these services by functional cost, staffing levels, service level metrics and customer service expectations. A follow-on activity is to conduct a comparison between the in-house delivery of these services to alternative delivery scenarios, including consolidations, outsourcing and shared services with neighboring jurisdictions. Ms. Henson has an MBA with an emphasis in Information Technology and a Masters in International Peace and Conflict Studies from the prestigious University for Peace in Costa Rica. She is also certified as a Senior Professional in Human Resources (SPHR), certified in the Myers Briggs Type Indicator (MBTI) and in the Accelerating Change Tool. Please see full resumes for both team members attached. I hope this proposal is valuable as you think through the series of steps necessary to reposition La Quinta to maintain its outstanding reputation as an fiscally sound and attractive City in the Coachella Valley. We look forward to discussing this preliminary proposal with you at your convenience. All the Best, cpYnG Cynthia L. Henson Henson Consulting Group 555 Front St. Unit 702 San Diego, CA 92101 858-248-7701 cindvohensonconsultingaroup.com cc: Dana M. Smith Henson Consulting Group Service Delivery Options Proposal 6 7/24/2012 17$ Henson Consulting Group 555 Front Street, #702 San Diego, CA 92101 SUMMARY OF QUALIFICATIONS RESUME of DANA M. SMITH Cell (707) 320-3191 napasmith3@gmaii.com Strona Innovative Leader: A visionary executive with 28 years experience and a breadth of knowledge in all aspects of local government executive leadership, public policy, fiscal management, land use, redevelopment, economic development, labor relations, and business practices. Highly respected for honesty, fairness and a sense of integrity. Known for setting high standards, developing capacity, and requiring performance to those standards. A can -do leader, extremely adept at problem solving and operating from a position of knowledge. People Management: Skilled leader of people and teams, able to use many management styles as appropriate for the situation. Extensive and successful experience in the motivation, training and direction of executive teams and all levels of employees. Strong political sensibilities, effective communicator and facilitator with elected and appointed officials. Experienced in guiding progressive and performance based employment strategies that link Mayor/Council goals to performance standards within Departments and Divisions. Track record of developing all levels of managers in effective practices to hire, train, and promote the best talent. Mentor high performers with focus on creating an environment that delivers high job satisfaction. ■ Facilitatina Change: Skilled at pushing change without disrupting on -going operations or compromising customer relations. Exceptional ability to facilitate group efforts and create dynamic teams especially in the development related services where staffing cultures are often at odds. Demonstrated skill at transforming the talents of individuals and groups into implementable actions and results. ■ Business Management and Budgeting: Fiscally disciplined to manage within set budgets. Demonstrated program management skills and political savvy. Proven ability to perform strategic planning to link city operations directly to the City General Fund, restricted, and one time revenues. Proficient in the preparation of City and Agency operating budgets and Capital Improvement Plans. Keen understanding of appropriate ways to adjust budgets and operating expenditures as revenues fluctuate, ■ Problem Solving: Successful track record in creatively solving long-standing and thorny issues. Able to synthesize spoken words to determine "real" needs of citizens, regional partners, business leaders and labor with which to develop workable and lasting solutions. Willing to take well thought out and calculated risks. ■ Outstanding Communicator: Exceptional verbal and written communication skills. Confident at public speaking and delivering presentations to City Councils, public boards, and state and local government agencies. At ease in dealing with the public and the media. Adept in fostering easy and cooperative relationships with personnel at all levels. ■ Adiunct Professor at San Diego State University (SDSU): Taught courses in the Graduate School of Public Administration and Urban Studies. Courses include: Management of Local Government, International Environmental Policy, The City Planning Process, and Introduction to Urban Planning. EDUCATION ■ Executive Program for Senior Executives of State and Local Government, Kennedy School of Government, Harvard University, June 2000. • Master of City Planning, San Diego State University, San Diego, CA, 1985. ■ Bachelor of Arts, Liberal Studies, San Diego State University, San Diego, CA, 1982. COMMUNITY LEADERSHIP ■ Board Member Community Action Napa Valley 2008 — 2010. ■ Board Member South Bay YMCA, 2006. ■ Founding member and co-chair of the Orange County Leadership Symposium, 2002, 2003, and 2004. ■ Past Chairwoman, Women Studies Community Advisory Committee, SDSU. Page 1 of 4 1i9 PROFESSIONAL EXPERIENCE June 2010- August 2012 ASSISTANT CITY MANAGER CITY OF NEWPORT BEACH • Responsibilities: Brought into the City to lead operations of the approximately 800 fulltime and 400 part time employees and to restructure the workforce and service delivery to meet the Council's progressive fiscal sustainability philosophy. Directly supervised all Department Directors except the Fire and Police Chiefs. Achievements: Successfully restructured the Building Department, Planning Department, and the Code Enforcement Division into a progressive Community Development Department with greatly improved customer service and significant cost reductions. Successfully oversaw substantial restructuring and outsourcing/contracting in the General Services Department and Utilities Departments with considerable savings to the City, led efforts with public safety to find cost reductions through shared services programs with neighboring cities. Led efforts with Human Resources to enhance employee performance and satisfaction and led a technology strategic planning effort to flow chart 32 troubled and under performing processes ready for streamlining. Developed a technology strategic plan to modernize the City's permitting, financial processes, document imaging, and Computer Aided Dispatch (CAD) system. April 2007- June 2010 CITY OF NAPA ASSISTANT CITY MANAGER FOR DEVELOPMENT SERVICES Responsibilities: Developed strategies on complex development projects, citywide reorganization needs, tabor relations, budget policies, and intergovernmental negotiations. Direct responsibility for the delivery of services and oversight of budget mandates for Public Works including: design and development engineering; CIP; road maintenance; water supply, treatment, and delivery; materials diversion, fleet; and real property management; Economic Development and Redevelopment; Community Development including: planning, building, code enforcement and housing programs. Served as executive staff contact with the Mayor and council members on controversial issues in the community. Led the City in revamping its business practices and public interactions to be customer service focused. Achievements: Successfully oversaw completion of construction of the City's highly acclaimed Oxbow Market and $100 million Westin Hotel; completed negotiations and won entitlement approval for the development of a $250 million waterfront Ritz Carlton Hotel; led negotiations on the proposed St. Regis Hotel and resort; created a new redevelopment project area in the Soscal Gateway area to finance much needed public infrastructure; restored a productive working relationships with the County of Napa, the regional transportation agency, and Flood Control District. Secured funding for a two year effort to revitalize the City's downtown; rebuilt trust and accountability within the private development community by modernizing and improving the "development services" business practices and improving customer services. Led citywide efforts to enhance customer satisfaction in all city departments. June 2006 — April 2007 CITY OF CHULA VISTA ASSISTANT CITY MANAGER • Responsibilities: In addition to the Assistant City Manager responsibilities for Development Services (listed below), assumed additional responsibilities to: Assist the Interim City Manager on high profile budgetary concerns and addressing politically sensitive Council Referrals, while continuing to manage the City's Development Services Sector. Achievements: Successfully maintained workforce performance and morale during leadership transition. Continued to be a steady voice for rethinking business processes and the use of technology to improve the effectiveness of the City in service to the citizens. Provided savvy and timely advice on expenditure reductions and creative methods to meet service demands with shrinking revenues. Lead Negotiator for the final stages of the successful SR125 toll road project; provided effective direction for thorny Wastewater JPA issues; facilitated difficult community meetings on redevelopment, played a lead role on budget contingency planning efforts and successfully led Red Team (troubled projects) effort. Page 2 of 4 1 ' 180 September 2005 — May 2006 CITY OF CHULA VISTA ASSISTANT CITY MANAGER & DIRECTOR OF COMMUNITY DEVELOPMENT • Responsibilities: Managed the City's 400 employee Development Services and Infrastructure Sector. Provided strategic guidance and management development of the five department heads; Community Development, Planning and Building, Engineering, Public Works and General Services. Oversaw the preparation of strategic plans, financial budgeting, financial management, and personnel performance. Played a key role in intergovernmental coordination and negotiation with the County and adjacent cities. Achievements: Developed Chula Vista's first integrated 5-year Strategic Plan that included goals, strategies, programs, performance metrics, and identification of other department staff and budget considerations. The departmental goals became part of the City Manager's personal performance goals to ensure on time and under -budget completion. Led a successful and comprehensive downtown specific plan and economic revitalization effort, oversaw the village concept for new development in the eastern City — including permitting for thousands of new single and multifamily homes. Designed and implemented a 501C3 with a citizen board to operate the City's redevelopment agency; oversaw the development of a $5 million grant from DOE to demonstrate energy efficiency in new development; negotiated a path for straightening boundaries between the City and its neighbor city. March 2004 — September 2005 CITY OF CHULA VISTA ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT • Responsibilities: Managed the day-to-day operations and programs of the City's Community Development Department — including economic development, redevelopment, housing programs and land use planning within the City's urban core. • Achievements: Hired talented new staff members; prepared analysis and designed interactive workshops leading to the formation of a 501c3 redevelopment public benefit corporation to assume redevelopment operational functions; redesigned internal organization structure to improve efficiency and effectiveness; established a policy housing summit to redefine city housing programs; oversaw the cleanup of Federal Programs and directed rework of internal procedures to prevent issues from reoccurring. September 1995 — March 2004 EXECUTIVE OFFICER ORANGE COUNTY LAFCO Responsibilities: Managed the ongoing operations of the Local Agency Formation Commission (LAFCO), including fiscal oversight, program management, human resources, staff training and development, external communications, agenda and public document preparation. Developed the strategic plan for LAFCO, obtained Commission approval and implemented the annual work plan. Supervised staff of eight and 15-20 consultants (planners, engineers, attorneys, municipal finance, and accountants). Directed complex proposals involving the incorporation of cities, annexations, extension and timing of municipal services to developing communities, mergers of utilities with cities, consolidations of water and sanitation districts. Achievements: Recognized as most successful LAFCO in the state of California at "Reorganizing Government". Consolidated, dissolved, reorganized, or changed service areas in 18 special districts and 10 cities to enhance service delivery to county citizens. Successfully shepherded the incorporation of three new cities, which demanded pro formas to demonstrate municipal viability, analysis of urban growth patterns, environmental impacts, utilities, service priorities, and reasonable boundaries. Drafted and gained by -in from the County on innovative revenue sharing policies that allowed the new cities to become fiscally stable. Worked with the League of Cities to secure political and financial support from the Orange County Board of Supervisors to provide direct assistance to cities, making it feasible for Cities to annex unincorporated "county islands." This "Islands" program was unprecedented in the State of California and created a win -win by providing on -going revenue and funding for infrastructure improvements to the cities while saving the county millions in direct service costs over the next 25 years. Page 3 of 4 a. 181 February 1994 — August 1995 ORANGE COUNTY LAFCO ASSISTANT EXECUTIVE OFFICER ■ Responsibilities: Supported Executive Officer in conducting the day-to-day activities of the agency. Managed projects, prepared analysis, wrote reports, interfaced with public agencies and the media, facilitated interdisciplinary teams, and assisted in agenda preparation. ■ Achievements: Artfully negotiated the political and technical issues associated with purchase price, asset distribution, bondholder rights, public policy implications, water reliability, and long-term cost/benefit to ratepayer of a hostile take over bid by American Water Company to acquire and operate the Santa Margarita Water District. March 1985 — February 1994 SAN DIEGO COUNTY LAFCO SENIOR STAFF ANALYST (STAFF ANALYST I and II) ■ Responsibilities: Managed jurisdictional proposals involving incorporations, sphere of influence studies, reorganizations and formations of special districts. Directed environmental review (CEQA) for LAFCO proposals, organized office automation projects, and prepared analysis for special topics. Achievements: Quickly progressed through analyst positions with increased responsibility. Successfully annexed large portions of East Lake into the City of Chula Vista. Conducted the sphere of influence study leading to the current sphere designation for San Marcos. EDUCATION ■ Executive Program for Senior Executives of State and Local Government, Kennedy School of Government, Harvard University, June 2000. ■ Master of City Planning, San Diego State University, San Diego, CA, 1985. ■ Bachelor of Arts, Liberal Studies, San Diego State University, San Diego, CA, 1982. OUTSTANDING ACHIEVEMENTS Recipient of the Donald B. Leiffer Outstanding Alumna Award for Distinguished Service in the Field of Public Administration, San Diego State University, 1996. Representative of the United States, United States Information Agency (USIA). • Hosted Israeli Jews and Arabs in an exploration of jurisdictional disputes and how resolution is attained in the United States, 1995. • Key member of urban planners exchange in Sao Paulo, Rio de Janeiro, and Brasilia, Brazil, 1993. Past Member of American Institute of Certified Planners (AICP) STATE-WIDE ASSOCIATION RESPONSIBILITIES Appointed 1993 — 1999 (concurrent with above) CALIFORNIA ASSN OF LAFCOs (CALAFCO) EXECUTIVE OFFICER (1997-1999) ASSISTANT EXECUTIVE OFFICER (1993-1997) ■ Responsibilities: Managed administrative duties of the CALAFCO Executive Board including oversight of legislative analysis, budget preparation and the CALAFCO statewide newsletter. Prepared legislation and provided testimony to the state legislature and various standing committees on bills affecting LAFCOs, special districts, growth management, and local government funding. ■ Achievements: Provided special education for LAFCO Executive Officers on incorporations of cities and consolidations of special districts. Designed and implemented first CALAFCO Legislative Lobbying Day in Sacramento. Directed CALAFCO annual conference for 180 people from 54 counties. Page 4 of 4 182 Henson Consulting Group 555 Front St. #702 (858) 248-7701 San Diego, CA 92101 cindv(adhensonconsultinggroup.com CYNTHIA L. HENSON SUMMARY OF QUALIFICATIONS • Innovative. Focused Leader: Dynamic leader with experience in designing and implementing collaborative and innovative programs and projects to quickly achieve results within organizations. Strong experience in developing and executing plans, motivating and directing Executive and Management teams of software engineers, information technology developers, data base administrators and support staff across diverse ethnic cultures to achieve goals while providing superior customer service. • Interpersonal Skills and Teamwork: Special ability to create trusting relationships with customers and employees. Effective in listening to customers and providing wintwin solutions. Proven ability to synthesize spoken words to determine "real' needs. Skilled at transforming the talents of groups into implementable actions and results. Strong project management skills and political savvy. ■ Communications: Excellent communicator and experienced leader, capable of bringing creativity and innovation to the organization and company. Exceptional verbal and written communication skills. Confident at public speaking and delivering presentations to customers and internal executives. • Strategic Planning and Budgeting: Extensive background in Corporate Strategic Planning design, facilitation and implementation. Proficient in the development of annual operating plans and requisite budgets. Demonstrated fiscal accountability to manage within set budgets and schedules. • Problem Solving: Proven track record in applying structured methods for identifying problems, determining root causes, implementing solutions, and measuring ROI in all areas of the business, including Information Technology, Operations, Human Resources, Procurement, Contracts, Research and Engineering, Finance, Marketing and Quality Assurance. • Special Projects Expertise and Trouble-shooter: Frequently recruited to lead start-up organizations, accounts, programs and projects requiring innovative solutions. Can quickly set direction, develop work plans and measurements, and rally employees around identified goals. Tagged to lead troubled organizations, accounts, programs and projects to bring back financial stability, strengthen management team and set clear direction. • Comprehensive Business Knowledge: Twenty-nine years of experience within aerospace & defense, local government agencies, and non -profits. Intricate knowledge and experience in core business functions and value propositions. Negotiation experience in Information Technology outsourcing as a customer and as a service provider. • Adjunct Professor at University of Phoenix (UOP): Taught courses at UOP in Executive Management, Managing Change, The Culture of Organizations, The Learning Organization, Critical Thinking and Decision Making, and Operations Management. EDUCATION • MA, International Peace and Conflict Studies, United Nations University for Peace, Costa Rica, 2005. • MBA, Information Systems, National University, San Diego, CA, 1985. • BA, Business Administration, National University, San Diego, CA, 1983.. • Continuing Education • The Executive Challenge, San Diego State University, San Diego, CA, 1998. • HR Laws and Regulations Certificate, Riverside, CA, 1997. CERTIFICATIONS • ACCREDITATION in Accelerating Implementation Management (AIM), Costa Mesa, CA, 2001. • CERTIFICATE, Senior Professional Human Resources, Society of Human Resource Management, Alexandria, VA, 1999. • CERTIFICATE, Human Resource Management, University of Phoenix, San Diego, CA, 1998. • CERTIFICATE, Myers Briggs Type Indicator, Center of Applications of Psychological Type, Los Angeles, CA, 1993. AWARDS • YWCA "Tribute to Women in Industry" (TWIN) Award • San Diego Business Journal "Women Who Mean Business" Award " 183 CYNTHIA L. HENSON Page 2 EXPERIENCE August 2005 — Present Henson Consulting Group, San Diego, CA Provide public and private sector consulting services and facilitation in Strategic Planning, Executive Coaching, Leadership Development, Board Development, Project Management, Performance Management, Business Effectiveness, Organizational Development, Culture Change and Conflict Resolution. January 2002 — August 2004 Computer Sciences Corp., San Diego, CA DIRECTOR, ENTERPRISE RESOURCE PLANNING (ERP) Called upon to re -focus the troubled County of San Diego multi -million dollar implementation of Oracle Financials, Peoplesoft Human Resources and Payroll, and Kronos time collection system. This ERP system was a wholesale replacement of the County's Financial and HR systems and impacted 20,000 employees. Successfully restructured the implementation to reduce CSC financial loss and strengthen customer relationship within a litigious environment. Implemented within schedule and scored repeated victories with County Chief Administrative Officer, County Technology Officer and Chief Financial Officer. Designated as "high potential" — top 1 % of managers within the 90,000-person company. December 2000 — December 2001 DIRECTOR, ORGANIZATIONAL DEVELOPMENT Successfully led the 6,000-person Applications Services Division in implementation of large organizational changes including identifying, prioritizing and implementing 23 Information Technology projects aimed at increasing software stability and improving client confidence at AT&T Customer Care Center. February 1998 — November 2000 BAE SYSTEMS, San Diego, CA IT PROJECT MANAGER, NORTH AMERICA Successfully led $450M outsourcing IT contract for the North America sector of BAE SYSTEMS; included 25 geographical locations, transfer of employees, 20,000 PCs, 150 servers, North America Wide Area Network (WAN), and 450 supplier contracts. Implementation was completed in seven months with no disruption to daily business operations. INFORMATION TECHNOLOGIES PROJECT MANAGER Successfully converted 1,650 users from cc:Mail to MS Outlook/Exchange in 13 weeks' three weeks earlier than the 16-week implementation schedule. Used innovative advertising and training approaches to verify functionality, test, train, and provide application support to users during system rollout. September 1996 - January 1998 GDE Systems, San Diego, CA MANAGER, HUMAN RESOURCE DEVELOPMENT SERVICES Redesigned and implemented Employee Assessments which included goal setting, employee development, and performance improvement plans, as well as the traditional performance review. Designed and implemented Leadership Assessments (180-degree feedback) for 185 management personnel to provide feedback and develop action plans for learning and leadership improvement. Created a hiring process that decreased the cycle time from 66 days to 12 days and increased the company hiring capability by 100% during a very competitive economy. Implemented the company's first telecommuting program for employees. August 1989—August 1996 MANAGER, TOTAL QUALITY MANAGEMENT & PROCESS IMPROVEMENT Reporting to the CEO, led the implementation of transforming the 3,000-person organization from a division of General Dynamics to a new stand-alone corporation. Facilitated cross -functional work teams, designed and taught process improvement and customer service courses, structured problem solving methods, and conducted team -building sessions. Achieved cost savings of $15.0M across 6 years. Decreased contract closeout process by 50%, thereby increasing cash flow. Achieved Carnegie Mellon Software Engineering Institute' (SEI) Level 3 in 1994 and People/ Capability Maturity Model (P/CMM) Level 2 in 1997. October 1985 - July 1989 General Dynamics, San Diego, CA MANAGER, INFORMATION SYSTEMS Fiscal responsibility for $9M Data Processing budget. Managed implementation of company MRP II system that decreased part shortages by 95% and decreased late factory completions by 99% from 1987- 1989. Managed implementation of company's first two circuit card robotic cells that increased circuit card yield by 22%, thereby increasing profit per test station. T-Vf 4 4 a" CITY SA / HA / FA MEETING DATE: August 7, 2012 AGENDA CATEGORY: ITEM TITLE: Consideration of a Contract to Construct BUSINESS SESSION: the PM-10 Stabilization of City -Owned Properties, CONSENT CALENDAR: Project No. 201 1-12 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Award a construction contract with B.W. Simmons, Inc., in the amount of $137,438 to construct the base bid area and additive alternative 1 for the PM-10 Stabilization on City -Owned Properties, Project Number 201 1-12 and authorize the City Manager to execute the contract. FISCAL IMPLICATIONS: The following is the project budget: Design: Inspection/Testing/Survey: Construction: Contingency: Total: CHARTER CITY IMPLICATIONS: None of the funding sources require prevailing wages to be paid. BACKGROUND AND OVERVIEW: $1,000 $14,000 $137,438 $62,654 $ 215,092 The City of La Quinta and the La Quinta Housing Authority own several properties in the Village (Attachment 1). The properties are unsecured and pose a dust control problem in windy conditions, particularly when the area is used for parking. In order to comply with the dust control mandates of the South Coast Air Quality Management 185 District (AQMD), and Municipal Code Chapter 6.16 requirements, staff investigated perimeter control measures to secure the properties so they could be stabilized without the threat of vehicles and pedestrians prematurely breaking the crust of the chemical stabilizer. The lots will require stabilizer every 6 to 12 months until they are developed. Violations of AQMD's PM10 (dust) regulations generally result in penalties that start at $5,000 per occurrence. The recommended option for securing the properties is to place a bollard and cable system around the perimeter. Recycled plastic posts were chosen. This allows the use of AB939 funding. Once the bollard and cable system is in place, the contractor will stabilize the properties. The bollard and cable system will be designed to allow access for special events as well as periodic application of stabilizer. Restricting access will extend the life of the resurfacing material which in turn will reduce the annual maintenance cost of the lots. On May 31, 2012, the City received five (5) sealed bids for the construction of this project. A detailed bid comparison summary is provided for the City Council's review as Attachment 2. B.W. Simmons, Inc. submitted the lowest responsive bid in the amount of $284,733.68, which included the base bid area, plus Additive Alternates 1, 2, and 3. Staff recommends the City award a contract to B.W. Simmons, Inc. to construct the base bid area and Additive Alternate 1 only, in the total amount of $137,438. On July 3, 2012 City Council continued this item in order for allow time for completion of the letter agreement for use of the Lots A-D adjacent to Main Street by Old Town and the La Quinta Arts Foundation (LOAF). Since the terms of this agreement have not been finalized and the contractor's bid is near expiration staff recommends this project be awarded. Contingent upon the City Council's award of the project on August 7, 2012, the following is the project schedule: Award of the Project Construction (30 working days) Accept Improvements FINDINGS AND ALTERNATIVES: August 7, 2012 September 2012/October 2012 November 2012 The alternatives available to the City Council include: 1. Direct staff to award a construction contract with B.W. Simmons, Inc., in the amount of $137,438 to construct the base bid area and additive alternative 1 for the PM-10 Stabilization on City -Owned Properties, Project Number 201 1-12 and authorize the City Manager to execute the contract; or 186 2. Provide staff with alternative direction. Respectfully submitted, othy ona n, P.E. Public Works Director/City Engineer Approved for submission by: nk J. )Tp&�t cek, City Manager Attachments: 1 . Site Map 2. Bid Comparison Summary for Project Number 2011-12 AC? ~ g ■ gLi ) �V] ATTACHMENT 2 \\\\§! !-_■ ` - !�, !! - \ \ | rn ■..;.;:;; „;«;; ; ; | ! § | � §„ Qsa §( §»,1W. .W. |\; §§t44 w T4bt 4 4 Qum& COUNCI SVHAXA MEETING DATE: August 7, 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: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: As part of the 2012/2013 Fiscal Year Budget, the City Council allocated $37,500 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 recommends the formation of an Ad Hoc Committee comprised of two City Council members. The Ad Hoc Committee members for the previous, grant review process were Council Members Henderson and Osborne. This Ad Hoc Committee will review and recommend the Vt round of grants to City Council on September 18, 2012. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Establish an Ad Hoc Committee to consider the 1 st round of Grant Requests and appoint two City Council members to serve; or 2. Provide staff with alternative direction. 190 Respectful4 submitted, Edie Hylton Community Services Director Approved for submission by: City Manager 191 COUNCI SA/HA/FA MEETING DATE: August 7, 2012 ITEM TITLE: Consideration to Appoint a Representative to the Coachella Valley Conservation Commission's Trails Management Subcommittee RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Appoint Jeff Smith as representative to the Coachella Valley Conservation Commission's Trails Management Subcommittee. FISCAL IMPLICATIONS: Ikirem CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Coachella Valley Conservation Commission is requesting a representative from La Quinta to fill a vacant position on the Trails Management Subcommittee prior to its next meeting on September 19, 2012. The representative can be a resident, staff person, elected official, or member of the public. Mrs. Dori Quill was the previous representative but has resigned. The Trails Management Subcommittee meets every other month and deals with the Santa Rosa and San Jacinto Mountains National Monument and the Coachella Valley Multiple Species Habitat Conservation Plan. The Subcommittee will communicate with various public agencies including: the Bureau of Land Management, California Department of Fish and Game, United States Forest Service, United States Fish and Wildlife Services, and the Coachella Valley Mountain Conservancy. La Quinta resident Jeff Smith has expressed his interest in filling the vacancy (Attachment 1). ., 192 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appoint Jeff Smith as representative to the Coachella Valley Conservation Commission's Trails Management Subcommittee; or 2. Provide staff with alternative direction. Respectfu`ly submitted, Edie Hylton' Community Sery ces Director Approved for submission by: City Manager Attachment: 1. Correspondence from Jeff Smith dated July 25, 2012 193 ATTACHMENT 1 From: Jeff and Val Smith[mailto:jeffvaland@earthlink.netl Sent: Wednesday, July 25, 2012 8:08 AM To: Edie Hylton; Steve Howlett Subject: CV Conservation Commission Trails Management Subcommittee, appointment to Dear Mayor Adolph and Members of the City Council: Katie Barrows has suggested the idea of my appointment as city of La Quinta representative to the CV Conservation Commission Trails Management Subcommittee. Should you still wish to appoint me, I accept. Katie Barrows, the CVAG staff person indicated shell fill me in on more details. Thank you for thinking that I could be of use to the community by serving. Jeff 194 ITY SA / HA / FA MEETING DATE: August 7, 2012 ITEM TITLE: Consideration of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 33076-1, The Madison Club, East of Madison, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: l5� CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution to conditionally extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to September 9, 2013 with intermediate milestones for Tract Map No. 33076-1, The Madison Club, East of Madison, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Madison Club (Tract Map No. 33076-1) is located south of Avenue 52, east of Madison Street, and west of Monroe Street (Attachment 1). On September 9, 2005, the City and East of Madison, LLC entered into a subdivision improvement agreement for Tract Map No. 33076-1, The Madison Club. Section 6 of the SIA requires that the subdivision improvements be installed within one year. To date, the City Council has granted the following three time extensions, and the current deadline is September 9, 2012. 195 In a letter dated July 26, 2012 (Attachment 2), the developer requests an additional one-year time extension due to economic conditions and slower than expected lot sales. The developer has completed the water and sewer improvements, street improvements, and storm drain improvements on Avenue 52, Madison Street, Monroe Street, Avenue 54, and Avenue 53. The perimeter and median landscaping on Avenue 52 is also complete. The remaining off -site improvements include 50% of a traffic signal at Madison Street and Avenue 52, perimeter landscaping along Madison Street, Monroe Street, Avenue 54, Avenue 53, and median landscaping along Madison Street and Monroe Street. Landscape plans will need to be updated and submitted to the Planning Department for review. The developer states that they "will continue to work diligently to complete site improvements throughout the community, and address the interests of its neighbors, local municipalities, and other governing agencies." The developer commits to completing the parkway landscape work on Avenue 53 and the parkway and median landscape work on Madison Street within one year. The developer has indicated its intention to commencing the parkway and median landscaping for Monroe Street and Avenue 54 shortly after completing the work on Avenue 53 and Madison Street. On May 11, 2012, the City received an email from a resident of Carmela (Attachment 3) requesting the developer to complete the perimeter landscaping on Avenue 53 and that the City Council not grant the developer another time extension. In a letter dated July 30, 2012 (Attachment 4), the Board of Directors at the Hideaway Owners Association requests the City to require the Madison Club to complete its exterior landscaping, especially on Madison Street, within a specified timeframe. In addition, staff has received numerous inquiries from residents with regard to the timeliness of the completion of the offsite landscaping improvements. Staff has prepared the attached resolution which provides for approval of the fourth time extension of the SIA to September 9, 2013 with intermediate milestones. The time extension for completing the improvements shall expire on October 12, 2012 if the developer fails to submit revised plans to the City for the parkway and median landscaping for Avenue 53 and Madison Street. Additionally, the time extension for completing the improvements shall expire on February 1, 2013 if construction has not commenced for the parkway and median landscaping improvements for Avenue 53 and Madison Street. Staff believes this schedule for the improvements addresses the resident's requests and therefore recommends adoption of the resolution. 196 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to conditionally extend the time for completion of the off -site improvements with intermediate milestones as specified in the approved SIA to September 9, 2013 with intermediate milestones for Tract Map No. 33076-1, The Madison Club, East of Madison, LLC; or 2. Place the developer in default and direct the City Attorney to pursue the developer and/or the developer's bonds for these improvements; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy Ujon son, P.E. Public Works Director/City Engineer Approved for submission by: k J. KPev'bQjk, City Manager Attachments: 1. Vicinity Map 2. Letter from East of Madison, LLC dated July 26, 2012 3. Email from Len Wahlert dated May 11, 2012 4. Letter from Hideaway Owners Association dated July 30, 2012 I 197 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONDITIONALLY GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE IMPROVEMENTS AS SPECTIVIED IN THE SUBDIVISION IMPROVEMENT AGREEMENT UNTIL SEPTEMBER 9, 2013 WITH INTERMEDIATE MILESTONES FOR TRACT MAP NO. 33076-1, THE MADISON CLUB WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 33076-1, The Madison Club; on September 9, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the developer begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the developer to complete construction of the improvements by September 9, 2012, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, the developer has committed to completing the parkway and median landscape improvements for Madison Street and Avenue 53 within one year and commencing the parkway and median landscape improvements for Avenue 54 and Monroe Street shortly thereafter; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the off -site improvements as required by the approved SIA is extended to September 9, 2013, provided that the developer meets all of the intermediate milestones set forth in Section 2. 198 Resolution No. 2012- Tract Map No. 33076-1, The Madison Club Adopted: August 7, 2012 Page 2 Section 2. Intermediate milestones are also imposed as follows: The time extension for completing the improvements shall expire when City offices close for regular business on October 12, 2012 if the developer fails to submit to the City revised plans for the parkway and median landscaping for Avenue 53 and Madison Street prior to that date. Additionally, the time extension for completing the improvements shall expire when City offices close for regular business on February 1, 2013 if construction has not commenced by that date for the parkway and median landscaping improvements for Avenue 53 and Madison Street. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7t' day of August 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SUSAN MAYSELS, Interim City Clerk City of La Quinta, California (SEAL) DON ADOLPH, Mayor City of La Quinta, California ' 199 Resolution No. 2012- Tract Map No. 33076-1, The Madison Club Adopted: August 7, 2012 Page 3 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 200 ATTACHMENT 1 TM 33076-1 THE MADISON CLUB VI n 33076 ;INITY MA NOT TO SCALE 201 ATTACHMENT 2 — THE — MADISON CLUB July 26, 2012 Amy Wu City of La Quinta Public Works/Engineering Dept. PO Box 1504 78-495 Calle Tampico LA Quinta, CA 92247-1504 RE: Madison Club —Time extension for completion of improvements for Tracts 33076-1; 33076-2; 34968; & 34969 On -site and Off -site. Amy: Due to economic conditions and slower than expected lot sales, East of Madison, LLC (EOM) is requesting a one year extension for the completion of on -site and off -site work associated with Tracts 33076-1; 33076-2; 34968; & 34969. EOM is committed to and will continue to work diligently to complete Site Improvements throughout the community, and address the interests of Its neighbors, local municipalities and other governing agencies. Currently, we are working with the Public Works Department in the final inspection of all the in -tract improvements. EOM is committed to completing the final Inspection "punch list" items by the end of August 2013. EOM proposes to complete the off -site landscape work along Avenue 53 and Madison Street within one (1) year of the requested extension and will then continue to work diligently to complete the improvements. Following the one (1) year extension, EOM will commence the balance of the off -site improvements along Avenue 54 and Monroe Street. Thank you for considering our request for a time extension. EAST OF IJPUSOgP Jeff Prevost, hitect VP Develop Madison Club DISCOVERY COMPANY (602)920-718 jprevost@discovervlandco.com D&VELOPMENT OFFICN Mm,c .* ADDRus: PO Boa 1482, LA QvINxA, CA 92247 Sx1FFT AUDF966: 80-955 Av.xvx 52, LA Qv...A, CA 92253 TzL 760391-5072 FA- 760398-5788 D2 ATTACHMENT 3 From: Len'Wahlert To: Ter Henderson()aol.com ; Kristy Franklin ; Bender Linda; Iosborne(w6sbornerincon.com council(c la-guinta.org ; Wanda Wise -Latta Cc: Jerry Zamora ; Danette & Mike Ketchum ; Marilyn Wahlert ; Len Wahlert , Bonnie Hagerman ; Liz Schelble ; Mark Sanchez ; Damian Cano Sent: Friday, May 11, 2042 8:01 PM Subject: Letter to La Quinta City Council - Landscaping by Developers May 10, 2012 TO: Mayor — Don Adolph City of La Quinta TERRY B. HENDERSON, MAYOR PRO TEM LINDA EVANS, COUNCIL MEMBER KRISTY FRANKLIN, COUNCIL MEMBER LEE M. OSBORNE, COUNCIL MEMBER Carmela Homeowners, Isabel & Jerry Zamora joined me to attend a meeting with two La Quinta City Directors. We requested time on their calendars. The subject matter for our meeting was to determine next steps in our efforts to get the landscaping completed in two areas of our community. We met with: La Quinta City Planning Director — Les Johnson 760-777-7071 & La Quinta City Public Works Director/City Engineer — Tim Jonasson 760-777-7075 The two areas we focused: #1 - the left side of the entrance to our community on Avenue 53. This side of the street is the responsibility of the Madison Club. #2 is the median on Monroe from the entrance of Rancho Santana on Mountain Spur to the intersection of Monroe and Avenue 52. We have attached the pictures in a PowerPoint presentation that show the specific areas mentioned above. We understand from the discovery process that all developers must file Subdivision ImprovementAgreementswith the city when they build their development(s). Both The Madison Club and Rancho Santana have these agreements filed with the city of La Quinta. These agreements are for one year. The specific areas that we want to have completed are outside the developments as you know. We uncovered the fact that the one year agreements have been extended 3 times for both properties. The new time extension for Rancho Santana will be the 4th extension requested. The current 203 Through our discussion with the city directors we discovered that we need to submit a formal letter from the Carmela HOA to the Mayor and all members of the City Council. In addition, we need to address the City Council on the appropriate day when both Rancho Santana'and The Madison Clubs request for extensions are address on the La Quinta City Council's Consent Calendar. At that time we need residents from Carmela to attend the City Council Meeting and address the council on our concerns and request that the developers complete the landscaping and not receive another extension. The Carmela homeowners have completed Petitions requesting the developers complete these landscaping projects. These Petitions for both properties will be presented at the appropriate La Quinta City Council meeting(s) as backup material for our presentations. Respectfully, Len Wahlert Carmela Homeowner and HOA Member 81-773 Contento La Quinta, CA 92253-7873 760-619-3910 Jerry & Isabel Zamora 81-945 Via La Serena La Quinta, CA 92253-7873 760-393-0694 bbc: Carmela Homeowners - HOA 204 ATTACHMENT 4 HIDEAWAY OWNERS AS'';OCIATION July 30, 2012 The Honorable Mayor Don Adolph And City Council Members City of La Quinta PO Box 1504 La Quinta, CA 92247 Dear Mr. Mayor and Council Members, We understand that the landscaping of a portion of the exterior of the Madison Club will be on the agenda for your August 7 h City Council Meeting, specifically that an extension of the requirement to complete the offsite landscape improvements along Madison street has been requested. The Board of Directors of the Hideaway Owners Association is very interested in the outcome of this discussion. Due to the amount of blowing sand that comes over the eastern Hideaway perimeter wall during windstorms, the Hideaway Owners Board respectfully requests that no further extensions be granted and that the Madison Club be required to complete its exterior landscaping along Madison Street. Your consideration of this point of view is sincerely appreciated. Sincerely, THE HIDEAWAY OWNERS ASSOCIATION Board of Directors CC: via email Tim Jonasson E. Wimmer 205 C&!t 4 4 a" OUNCIL SA / HA / FA MEETING DATE: August 7, 2012 ITEM TITLE: Consideration of Authorization for the City Manager and City Attorney to Take All Steps Necessary to Enforce the City's Rights Under the Bonds, Including the Initiation of Litigation Against Travelers Casualty and Surety Company of America and La Quinta Developers, LLC as Necessary to Complete Improvements for Tract Map No. 30138, Diamante RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the request authorizing the City Manager and the City Attorney to take all steps necessary to enforce the City's rights under the bonds, including (1) the initiation of litigation against Travelers Casualty and Surety Company of America and La Quinta Developers, LLC as necessary to complete improvements for Tract Map No. 30138, (2) the execution of a settlement agreement if a settlement is reached, and/or (3) the execution of a tolling agreement to suspend the running of the statute of limitations. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Diamante Subdivision (Tract Map No. 30138) is located north of Avenue 52, east of Jefferson Street, and south of the All American Canal (Attachment 1). No homes have been built in the tract. Only a few of the on -site improvements have been installed, including a portion of the onsite water and sewer improvements and a portion of the rough grading. On October 7, 2006, the City and La Quinta Developers, LLC (Developer) entered into Subdivision Improvement Agreements (SIAs) for Diamante. 206 The SIA for off -site improvements required the Developer to construct streets, domestic waterlines, sanitary sewerlines, meandering sidewalks, landscaping, as well as set monuments. In addition, the SIA for on -site improvements require the Developer to grade the site, construct streets, install domestic waterlines, sanitary sewerlines, dry utilities, and landscaping, as well as set monuments. To date the only off -site improvements that have been installed are the water line tie in and the sewer line tie in. To date, the only on -site improvements that have been completed are a portion of the onsite water and sewer systems and a portion of the rough grading. Pursuant to Section 6 of the SIA, the developer was obligated to construct the improvements within 12 months. The developer's obligation to perform was extended once, and the deadline expired on October 7, 2008. According to records obtained by the City Attorney, La Quinta Developers, LLC ceased to exist on June 29, 2008. After the time for completion of the on -site and off -site improvements had expired, City staff had sent out letters on October 21, 2008 and on April 20, 2009 alerting the Developer to the expiration of the SIAs. However, the City has not received any response from the Developer. Under the provisions of Section 14 of the SIA, 'if the Sudivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation." In accordance with Section 14 of the SIA, City staff issued a sixty (60) day notice of default to La Quinta Developer, LLC on August 2, 2011. The sixty day notice of default had expired and City staff has been working with Travelers Casualty and Surety Company of America (Bond Company) to reach a resolution regarding the improvements. Unfortunately, agreement has not yet been reached with the Bond Company. The City Attorney has expressed concern that if a legal action is not filed prior to October 2, 2012, the claim may become barred by the statute of limitations. In recent correspondence, the Bond Company has indicated more willingness to install certain of the improvements for the site. The Bond Company has argued that it does not wish to install most of the on -site improvements since no development in occurring on the site, and there would be no entity to maintain improvements if they were installed. 207 Staff has requested the Bond Company complete the following improvements: For on -site improvements - perimeter wall, storm drain facilities including retention basin and entrance improvements to the first curb returns. For off -site improvements - street widening of Avenue 52 including installing curb, gutter, pedestrian access ramps, asphalt concrete pavement, landscaped median, meandering sidewalk, signing and striping, raising water valves, relocating power poles and parkway improvements with the exception of the plants (decomposed granite is preferred for now). As an alternative to filing an action, the parties may want to enter into a "tolling agreement" which stops the progression of the statute of limitations. This preserves the parties' rights and allows the parties to avoid litigation. Because of the Bond Company's recent willingness to discuss the installation of the improvements and/or a settlement of the claim, the City Attorney suggests that the Council authorize the City Manager to execute such a tolling agreement if the City Attorney feels it can avoid the need to file an action. In addition, it may be possible that for the Bond Company and the City to reach a reasonable agreement regarding the Bond Company's obligations. Given that the City Council will be dark until the second meeting in September, the City Council is requested to give the City Manager authorization to execute a settlement agreement with the bond company if a reasonable agreement can be negotiated. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the request authorizing the City Manager and the City Attorney to take all steps necessary to enforce the City's rights under the bonds, including (1) the initiation of litigation against Travelers Casualty and Surety Company of America (Bond Company) and La Quinta Developers, LLC (Developer) as necessary to complete improvements for Tract Map No. 30138, (2) the execution of a settlement agreement if a settlement is reached, and/or (3) the execution of a tolling agreement to suspend the running of the statute of limitations; or 2. Provide staff with alternative direction. 208 Respectfully submitted, thy R. J ass on E. Public Works irecto ity Engineer Approved for submission by: Attachment: 1. Vicinity Map 209 tz w 175 in w w w w w TM 30138 DIAMANTE UTY OF INDD IOO 50TH AVENUE CITY or 52ND AVENUE NTA ATTACHMENT 1 w o Oo a :mw VICINITY MAP NOT TO SCALE 210 T4hf 4 4V Qgb& FA MEETING DATE: August %, 2012 ITEM TITLE: Discussion of the City's Financial Status and Measures to Balance Municipal Revenues and Expenditures RECOMMENDATION: Receive and file this information. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: _ STUDY SESSION: PUBLIC HEARING: In April 2012 the City Council considered measures to mitigate the impacts the Great Recession and abolishing Redevelopment have on the Operating and Capital Improvement Budgets. These events generated structural deficits in the Operating Budget and eliminated funding for future capital improvements. Fortunately, under the guidance of this and prior City Councils, the City has accrued sufficient reserves to underwrite the Operating Budget deficits for Fiscal Year 201 1 /2012 and 2012/2013. However, the State, in an effort to compensate for their budget deficiencies, may elect to further raid local government revenues; if this occurs, the City's reserves could be severely impaired. This Study Session initiates a series of continuing discussions with the City Council and the community. Our purpose is to identify measures that align revenues and expenditures. Our goals are simple: • To eliminate the structural deficit • To improve, on a continuing basis, the delivery of City services to both our external customers - residents, businesses and community stakeholders - and our internal customers - City Council, City staff and vendors. 211 • To free General Fund revenue to invest in community preservation and improvements through the Capital Improvement Program. To initiate this dialogue, we must first understand what we are working to solve. The starting point is to gain a better understanding of the Fiscal Year 2012/2013 budget and the measures included in this Budget to reduce the structural deficit. This report transmits a series of charts that present key points contained in the Fiscal Year 2012/2012 Operating Budget. These charts identify: • Revenues - local and non -local revenue (Attachment 1) • Expenditures - not including capital improvement expenditures (Attachment 2) • Expenditures - In -House versus Contract Costs (Attachment 3) • Operating Cost Reductions - included in the 2012/13 budget (Attachment 4) • Projected General Fund revenue increases (Attachment 5) • General Fund Reserves (Attachment 6) We have also included a deficit reduction scorecard (Attachment 7) so we may track our progress towards eliminating the operating budget deficit. This fiscal year commenced with a projected operating deficit of $2,187,759. Shortly thereafter, the Employees' Association agreed to fund the employee share of their PERS retirement. This change is applied to all City employees and City Council members, and will be phased in over the next two fiscal years (Fiscal Year 2012/2013 and 2013/2014). This action will reduce the deficit by 17% or $370,000 this fiscal year (reducing the deficit from $2,187,759 to $1,817,759). But more needs to be done. The Business Session includes two matters that initiate review of City costs: • A recommendation to retain Henson Consulting Group to assist staff in conducting a municipal service delivery option review • A recommendation to retain Willdan Financial Services to assess park, open space, trail and neighborhood perimeter landscaping costs and to formulate recommendations regarding funding these costs through assessment districts or special taxes. If the above items are approved, this organization will be embarking on a comprehensive review of its services, service delivery options, staffing levels, and other operating costs. By December 2012, staff will return to the Council with a menu of options to further reduce costs and enhance revenue. Our goals again are to: eliminate the structural deficit, improve services, and restart community preservation and improvements though a capital improvement program. 212 Respectfully submitted, Attachments: 1. General Fund Revenue Chart 2. General Fund Expenditure Chart 3. Non -Public Safety Expenditures: In -House and Contract Costs 4. General Fund Operating Cost Reductions 5. General Fund Projected Revenue Increases 6. General Fund Reserves 7. 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C W y CL O C e i E 0 CT C N c sZ�; E i 3 i> I 4 i E !j ..._.___.__..._. - ..__._..._. 3 ..,._._......�_ i o .-. a a 0000 O O O O O 0000 O O O O N CO M cn -e N v► v► v► v►I +a u C 00 u C L E u O rn N W O d = N N w T V1 N FA W a a N a `o N H C R V) s LL u � Z J w 219 10 tka C- th F,;P m ■0 li��i m 41 tko M SL c LM .© Go2 c o co 'o "o to f, Z; a r4 -e 00 �rn,� 1,00 00 10 11�0 Lr! rq IN tvnk Ico Go ap cu c X c 0 E 4) 41 0 UJ cc !j 220 FA MEETING DATE: August 7, 2012 ITEM TITLE: Discussion of Tax Sharing Request by Kenny Sowell to Facilitate Expansion Plans for Hyundai and Dodge, Chrysler, Jeep and Ram Trucks RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: 2 PUBLIC HEARING: Provide staff with direction regarding structuring a tax sharing agreement with Kenny Sowell to facilitate the expansion of La Quinta Hyundai and the opening of a new Dodge, Chrysler, Jeep, and Ram Truck dealership in La Quinta. FISCAL IMPLICATIONS: A tax sharing agreement would reduce the amount of sales tax the City receives during the agreement's term. However, the addition of Dodge, Chrysler, Jeep and Ram truck dealership along with a new Hyundai building would potentially increase vehicle and parts sales, ultimately resulting in additional sales tax revenue. CHARTER CITY IMPLICATIONS: The City Charter and its principles of "home rule" allow the City sufficient flexibility to undertake economic development activities. The Charter allows the City "to utilize revenues from the General Fund to encourage, support, and promote economic development." The California Supreme Court has recently ruled that a charter city may exempt itself from the requirement of prevailing wages when it funds projects with purely local funds. The City's charter exempts the City from prevailing wage requirements. BACKGROUND/ANALYSIS: The Centre at La Quinta was approved in 1997 and is governed by the Center at La Quinta Specific Plan that encompasses over 99 acres, bounded by Highway 111 to the north, Adams Street to the west, and Dune Palms Road to the east. The approved specific plan established design criteria for perimeter landscape, site lighting, * 221 architectural themes, and delineates between two types of permitted land uses; mixed regional commercial and automotive. The northwest portion is reserved for up to five automotive related uses, including three (3) automotive dealerships along Highway 111 and other automotive related uses south of Auto Centre Drive, Mr. Kenny Sowell opened Dodge City Chrysler Jeep in 2000, which continued to operate until Chrysler revoked the franchise in 2009 (as part of their bankruptcy restructuring). Shortly thereafter, Mr. Sowell was able to, secure a Hyundai franchise, Hyundai of La Quinta. Mr. Sowell contested the revocation of his Chrysler Jeep franchise and was successful in recently having it renewed. He is now proposing to establish both franchises on the same site. The existing site is a 4.5 acre parcel consisting of 10,250 square feet of showroom, offices, and auto parts storage areas, a 12,867 square foot auto service facility, and a 7,570 square foot covered area. In order to establish two dealerships on the subject property, Mr. Sowell is proposing to construct a new 8,354 square foot showroom building for Hyundai of La Quinta, expand the existing auto service facility and remodel the existing showroom and offices for the Dodge, Chrysler, Jeep and Ram Trucks franchise (Attachments 1 and 2). The new showroom building would be constructed in the northwest corner of the property, near the Adams Street and Highway 1 1 1 intersection. Mr. Sowell has estimated cost for completing these improvements as follows: Hyundai Improvements: $3,840,000 Dodge, Chrysler Improvements: $ 960,000 TOTAL COST $4,800,000 Mr. Sowell has requested a tax sharing agreement with the City. The current private lending climate does not allow him to secure the funds needed to underwrite all of these costs, and he desires to retain some of his personal working capital to invest in dealership operations and vehicle flooring costs. The agreement would provide for a percentage of the future sales tax generated from both dealerships to be paid to Mr. Sowell over a set period of time. Mr. Sowell has provided staff with a 10-year estimate of taxable revenue and sales tax for the dealerships. The 10-year projection identifies the potential of $31,230,286 in sales tax generated at the current sales tax rate of 7.75%. The City 1 % of sales tax would be approximately $3,123,029. Staff is in the process of verifying these projections with the City's sales tax consultant, HDL. While they cannot disclose details of other like dealer sales information, they can provide a range of sales data in order to verify these projections. The City's prior tax sharing agreements with commercial developers and users have provided a maximum of 40% of the sales tax to the developer/user with he City retaining 60%. Additionally, such agreements have included a sunset date and a maximum reimbursement amount. It should also be noted that to date, the City has .0 _ 222 not provided tax sharing agreements to automobile dealers. Rather, previous assistance has been provided up front, using redevelopment funds, during construction of site improvements or off site infrastructure. This approach was used to preserve redevelopment funds for local investment while the State was debating the merits of eliminating redevelopment. Unfortunately, the Successor Agency to the Redevelopment Agency does not have the funds nor the authority to provide cash investment. And the City no longer has General Fund resources to underwrite an investment of this magnitude. Based upon Mr. Sowell's 10-year revenue and sales tax estimate, a 40% tax sharing agreement would provide a reimbursement of approximately $1,249,212. This amount represents a 26% reimbursement of the estimated total improvement cost. The 2012/2013 Economic Development Plan contains the goal of, "Strengthening the Highway 1 1 1 Corridor's standing as a regional shopping district," which includes auto and auto -related sales. With the redevelopment's demise, a primary revenue source is now sales tax. While the City would initially receive reduced sales tax, over the long- term, the City will realize additional sales tax revenues. Therefore, staff recommends City Council direct staff to complete additional due diligence activities (financial analysis, verifying sales data, etc.) and, if warranted by due diligence review, negotiate a sales tax sharing agreement with Mr. Sowell. Based on this preliminary information provided by Mr. Sowell, staff would recommend a 40% sales tax split over a ten year period, with a cap of $1,300,000. Approved for submission by: J. SXa*, City Manager Attachments: 1. Proposed Site Plan 2. Proposed Floor Plans and Building Elevation 223 ATTACHMENT 1 o 5 o, Ia / IIIIIIIIII1 ; III7IITr i \ \ a \ \\ Fp ---_-_-_ - j I j I I� $ NIIII I I II I F I• II I 0I II II 1 L 131 II I lil ii L Al sill I I II �FO -• III i . ® - am I ®(mm I _ + , I m ® ® ® Qom$ 3 II ;f o jr 4r jr yj k t f� J - ilia 3 224 ATTACHMENT 2 225 226 227 Department Report: !A r; N OF Tt� TO: The Honorable Mayor and Members of the City Council FROM: Frank J. Spevacek, City Manag j DATE: August 7, 2012 SUBJECT: Department Report - Response to Public Comment The following public comments were made at the July 17, 2012 City Council meeting: 1. Joseph Espinoza, 50-020 Eisenhower Drive, spoke on his opposition to the General Plan 2035 Sustainable Living Element. Mr. Espinoza provided information to Council on issues related to the United States Constitution and Bill of Rights. Council Member Henderson stated she will provide by email to Mr. Espinoza information which is currently being circulated in the State of California which could be very damaging for cities. 2. Camilla Rojas, Eisenhower Drive, spoke on behalf or Pat Jiles who occupies a corner house at the intersection of Calle Sinaloa and Eisenhower Drive which is the location of the proposed roundabout. She asked for the design to provide a satisfactory manner for Pat Jiles to pull in/out of her property. 3. Mark Moran, 53-545 Avenue Cortez, Chair of the La Quinta Chamber of Commerce, thanked the staff for their assistance in the First Annual July 4`" Parade which was a success with more than 18,000 people in attendance. Council Member Evans said there was confusion among the attendees because the event was called "Carnaval of Lights." Ms. Evans thought the event should have kept the 4`" of July theme. Mr. Moran confirmed that next year's event will be a traditional American 4`h of July event for families. 228 4. Bruce Bushore, Coldwell Banker, Palm Desert, who spoke on behalf of Linda Biggi of Loving All Animals in Palm Desert. Ms. Biggi had written to staff On July 1, 2012. regarding her proposed use of City -owned property for an interior dog park and bird sanctuary. 229 Department Report: Ly MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Frank J. Spevacek, City Manager DATE: August 7, 2012 SUBJECT: Update on La Quinta Chamber of Commerce New Website The Chamber of Commerce has provided the City with the attached report, which provides an update on its new website and ecommerce program. .4 1 230 78-275 Calle Tampico #8, La Quinta CA 92253 ' 'I" t+ieE o M a" Ph: (760) 564-3199 Fax: (760) 564-3111 New Business Friendly Website The La Quints Chamber of Commerce is in the process of revamping its website to be more "ecommerce" friendly. The new website will have a "Shopping Cart" feature whereby Chamber Members can renew their membership online, purchase GEM newspaper advertisements, as well as sign up and pay for events. Establishing an Ecommerce Discount Program Additionally, the Shopping Cart will allow the Chamber to establish, promote, and offer its Members and Residents a ne w Ec ommerce Discount Program. This program will be similar to popular national and local programs such as: • "Groupon" offered nationally and internationally • "Deal Chicken" offered by The Desert Sun • "Shorty's Desert Deals" offered locally • "Desert Deal of the Day" offered by KPSP (CBS Channel 2) The program will support La Quinta and Chamber businesses by allowing them to offer online deals such as those offered via the programs mentioned above. It will have a number of positive economic effects throughout the community, and produce added revenue for the Chamber. While the Chamber Board of Directors has not authorized a particular name, potential names for the program include: "Gamby Gimme," "Quail Sale," and "Gambel Gold." The Chamber, with City input, will work on a program template that incorporates a quail graphic/icon. It will represent the program visually, and will be used for promotional purposes to drive sales. How the Program Will Work Individuals (i.e. shoppers, customers) can procure a certain amount of "Credit" for a discount from an offering establishment; the credit can be for food, services, or even products. For example, LampPost Pizza could offer $40.00 of credit for the purchase price of $20.00 (the picture below illustrates the website and program). The weekly discount deal will have its own page in the Shopping Cart of the Chamber's new website, and will also appear on the homepage with a quail logo. Upon clicking on the deal, customers wishing to purchase the deal will be able to complete their transaction immediately. w8 lachamber com The Voice of Business receptionAlwhamber com • M } 231 'Gamby Unma' -w„aran„.rszo.00 t rec Tw.ae f �ca;.eicnu,awt, .fw,Saa.azuw,00a,x5zo (ATergroJ/miiweekm6�6eu�tllxfwLl9�imiMrlR IDfS 0 se er Qa eup Ways to Promote the Program To promote the Ecommerce Discount Program the Chamber and City will utilize social media, including Facebook and Twitter. Email blasts will be sent with a link to the Chamber's website (specific page), encouraging potential customers to buy the special deal of the week. The Chamber is exploring purchasing email lists for residents of La Quinta to increase the community reach. The Chamber has approximately 2,600 "friends" on Facebook and 1,500 email addresses. The City Facebook page has a large fan base of over 6,000 that will be utilized to support this program. Other communications methods will include The Gem, City newsletter, press releases, and mentions in local advertisements and radio spots. Program Demonstration City and Chamber staff plan on providing the City Council a live demonstration on the Chamber website and Ecommerce Discount Program this fall. What is Ecommerce? Electronic Commerce (or 'ecommerce7) is the buzzword being used to describe our current online business revolution. It is the paperless exchange of doing business, and refers to Internet shopping and a variety of other electronic business transactions. F 232 The Voice of Business receptionidlechamber com • www lachamber com Department Report: D-7 � T �c y 5 OF TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Direct o DATE: August 7, 2012 SUBJECT: General Plan Monthly Update The Planning Department hosted a successful General Plan Introductory Open House event on Wednesday, July 11th in the City Hall Study Session Room. The purpose of the open house event was to unveil and introduce the new draft General Plan to residents and to provide them with a digital copy for review. Staff from Community Services and Emergency Services also hosted tables. The open house was scheduled to coincide with the formal public comment period, which began the following day, and continues through August 27, 2012. The Planning Department prepared a number of informational stations and exhibits explaining and summarizing key points of the new draft General Plan.. Each of the stations corresponded to particular elements, briefly describing the information and types of policies within them. A planning staff member was positioned at each station to answer questions and discuss the element with attendees. The stations included land use, circulation, natural resources, parks and recreation, housing, . economic development, and sustainable communities. About 45 residents were noted in attendance during the course of the four hour long open house event. The next step in the process will be completion of the 45-day comment period, which ends August 27, 2012. Staff will then start preparing formal responses to comments received, finalize the General Plan, and prepare the final staff reports. Copies of the draft General Plan and draft Environmental Impact Report (EIR) were recently distributed to all Planning Commissioners and City Council members in order to provide ample time for review before the upcoming public hearings. These documents are also available for viewing on the City's website. The General Plan and EIR tentatively scheduled for consideration before the Planning Commission on September 11, 2012, with final adoption by the City Council scheduled for October 2, 2012. 233 FA MEETING DATE: August 7, 2012 ITEM TITLE: Public Hearing to Consider Adoption of a Resolution Approving the Placement of Public Nuisance Abatement Assessments on the 2012/2013 Property Tax Roll RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the placement of public nuisance abatement assessments on the 2012/2013 Property Tax Roll as listed in the Resolution. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The purpose of this Public Hearing is to provide the City Council the opportunity to hear and consider all public objections and protests, if any, to the report filed with the City Council containing a description of each real property parcel cleared or cleaned by the City of La Quinta. Notices of tonight's Public Hearing were posted on bulletin boards at multiple locations throughout the City including: City Hall (interior and exterior), the La Quinta Senior Center, the United States Post Office located on Avenida Bermudas, and Stater Bros. Market on Highway 111. The Notice of Public Hearing also was published in The Desert Sun newspaper on June 28, 2012. All of the listed property owners have been notified of the costs associated with the 234 abatements and have been given more than 30 days in which to reimburse the City. If City Council adopts the Resolution as recommended, the cost of conducting the abatements plus a 25% administrative fee of all amounts paid to abatement contractors will be placed as assessments on the 2012/13 Property Tax Roll for the affected properties. Riverside, County will collect the assessments, then reimburse the City. FINDINGS AND ALTERNATIVES:. The alternatives available to the City Council include: 1 . Adopt a resolution of the City Council approving the placement of public nuisance abatement assessments on the 2012/2013 Property Tax Roll as listed in the resolution; or 2. Provide staff with alternative direction. Respectfully submitted, GrWButVr, Building & Safety Director Approved for submission by: �35 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, LA QUINTA ASSESSING LIEN AND PROVIDING FOR COLLECTION OF TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE WHEREAS, Chapter 11.72 of the La Quinta Municipal code provides for the declaration and determination of certain conditions of property to be a public nuisance and further provides for the abatement of said nuisance by certain procedures including abatement by the City and collection of the cost of said abatement on tax rolls; and WHEREAS, in accordance with said abatement procedures, the Building and Safety Director of the City of La Quinta, as agent of the City Manager, has determined that a public nuisance exists on the following described premises, and has given the notice required by law, and the owner thereof has failed to appeal said determination and has failed to abate said nuisance as required in said notice; and WHEREAS, in accordance with said abatement procedure, the Building and Safety Director has, by contract, provided for the abatement of said public nuisance on said properties and has filed a report thereon with the City Council and the City Council has conducted a hearing on said report and the assessment of said costs against said properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The City Council hereby finds, determines, and declares that the City has abated a Public nuisance on each of the following described premises and has conducted a hearing on assessment of the costs of said abatement in the time and manner as required by law and further determines that there were no objections or protests to assessments of said costs by any interested party. 2. The City Council hereby finds, determines, and orders that the report of the Building and Safety Director relative to assessment of costs is hereby approved and the City Council hereby orders that the following costs are hereby assessed as liens against the following properties and the amount of said assessment shall be collected at the time and in the manner of ordinary property taxes. 236 Resolution No. 2012 Fund Number 68-2378/Nuisance Abatement Adopted: August 7, 2012 Page 2 Assessor's Cost of Administrative Name Parcel Number Abatement Fee Total Andreas & Angeliki Galiotos 604-223-030-0 $2,214.49 $400.00 $2,614.49 Starlight Management Inc. 770-152-007-2 $90.00 $22.50 $112.50 Land Services of Cima Inc. 770-165-015-2 $240.00 $60.00 $300.00 Bear Stearns Res. Mort. Corp. 773-064-010-6 $804.34 $37.50 $841.84 Orange River 773-221-002-4 $100.00 $25.00 $125.00 Sienna Corp. 600-052-009-6 $1,400.00 $350.00 $1,750.00 3. The City Clerk is hereby directed to transmit a certified copy of the Resolution to the tax collector of the County of Riverside and said tax collector is hereby requested to collect the amount of each assessment herein at the time and in the manner of ordinary property taxes. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7Lh day, of August, 2012, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 237 Resolution No. 2012 Fund Number 68-2378/Nuisance Abatement Adopted: August 7, 2012 Page 3 ATTEST: SUSAN MAYSELS, Interim City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 'e 238