2013 03 05 CCI
f l
City Council agendas and staff reports
are now available on the City's web
page: www.la-quinto.org
CITY COUNCIL
AGENDA
CITY HALL COUNCIL CHAMBERS
78-495 Calle Tampico, La Quinta
REGULAR MEETING on TUESDAY, MARCH 5, 2013 AT 4:00 P.M.
Beginning Resolution No. 2013-012
Ordinance No. 508
CALL TO ORDER
ROLL CALL: Council members: Evans, Franklin, Henderson, Osborne, Mayor Adolph
PLEDGE OF ALLEGIANCE
CLOSED SESSION - NONE
PUBLIC COMMENT
At this time, members of the public may address the City Council on any matter not listed
on the agenda. Please complete a "request to speak" form and limit your comments to
three minutes. The City Council values your comments; however in accordance with State
law, no action shall be taken on any item not appearing on the agenda unless it is an
emergency item authorized by GC 54954.2(b).
CONFIRMATION OF AGENDA
PRESENTATIONS
1. LA QUINTA LIBRARY AND MUSEUM QUARTERLY REPORT FOR OCTOBER
THROUGH DECEMBER 2012.
WRITTEN COMMUNICATIONS — NONE
CITY COUNCIL AGENDA 1 March 5, 2013
APPROVAL OF MINUTES
1. MINUTES OF FEBRUARY 19, 2013
CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.
1. DEMAND REGISTER DATED MARCH 5, 2013.
2. DEVELOPMENT IMPROVEMENT AGREEMENT WITH SOCAL PORTFOLIO I LP
FOR REIMBURSEMENT FROM SETTLEMENT FUNDS FOR OFF -SITE AND ON -
SITE IMPROVEMENTS ASSOCIATED WITH TRACT 30138
3. PROFESSIONAL SERVICES AGREEMENT WITH PREST VUKSIC ARCHITECTS
FOR PROFESSIONAL ENGINEERING SERVICES TO PREPARE THE PLANS,
SPECIFICATIONS, AND ESTIMATES FOR THE SPORTS COMPLEX LIGHTING
REHABILITATION AND EXPANSION IMPROVEMENTS, PROJECT NO. 2012-
02
4. EXCUSE VICE CHAIRMAN WRIGHT'S ABSENCE FROM THE FEBRUARY 12,
2013, PLANNING COMMISSION MEETING.
BUSINESS SESSION
1. SECOND ROUND COMMUNITY
REQUESTS.
STUDY SESSION
SERVICES GRANTS AND FUNDING
1. VIDEO BROADCASTING CITY COUNCIL MEETINGS AND RELATED
COUNCIL CHAMBER IMPROVEMENTS
REPORTS AND INFORMATIONAL ITEMS
1. ANIMAL CAMPUS COMMISSION IFRANKLIN)
2. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (FRANKLIN)
3. CITY COUNCIL AD HOC COMMITTEE REPORTS
4. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (EVANS)
5. CVAG CONSERVATION COMMISSION (EVANS)
6. CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE (EVANS)
7. CVAG EXECUTIVE COMMITTEE (ADOLPH)
8. CVAG PUBLIC SAFETY COMMITTEE (HENDERSON)
9. CVAG TRAILS MANAGEMENT SUBCOMMITTEE (SMITH)
10. CVAG TRANSPORTATION COMMITTEE (HENDERSON)
CITY COUNCIL AGENDA
2
March 5, 2013
...1 002
11. CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE (OSBORNE)
12. COACHELLA VALLEY ECONOMIC PARTNERSHIP (FRANKLIN)
13. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (cox)
14. COACHELLA VALLEY MOUNTAINS CONSERVANCY (FRANKLIN)
15. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (ADOLPH)
16. GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU (EVANS)
17. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (OSSORNE & BLUM)
18. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN)
19. LEAGUE OF CALIFORNIA CITIES DELEGATE MENDERSON)
20. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (TEAL)
21. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON)
22. SO. CALIFORNIA ASSOCIATION OF GOVERNMENTS DELEGATE (ADOLPH)
23. SUNLINE TRANSIT AGENCY (ADOLPH)
DEPARTMENT REPORTS
1. COMMUNITY DEVELOPMENT DEPARTMENT
A. STATUS OF SILVERROCK DEVELOPMENT PROPOSALS
2. COMMUNITY SERVICES DEPARTMENT
A. LA QUINTA ARTS FOUNDATION FESTIVAL PATRON PROFILE STUDY
3. FINANCE DEPARTMENT
A. SILVERROCK REPAIRS REPORT
MAYOR'S AND COUNCIL MEMBER'S ITEMS — NONE
RECESS TO THE MEETING OF THE CITY AS SUCCESSOR AGENCY
TO THE DISSOLVED LA QUINTA REDEVELOPMENT AGENCY
THE PUBLIC HEARING ITEM LISTED BELOW HAS BEEN RESCHEDULED,
THEREFORE, THE CITY COUNCIL WILL ADJOURN AND NOT RECONVENE AT 7:00
PM UNLESS THERE ARE ITEMS FROM THE AFTERNOON SESSION THAT HAVE
NOT BEEN CONSIDERED.
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(s). If you challenge a project(s) 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 at, or prior to the public
hearing.
CITY COUNCIL AGENDA 3 March 5, 2013
• 003
1. ORDINANCE TO AMEND TITLE 9 (ZONING) OF THE LA QUINTA MUNICIPAL
CODE CHAPTER 9.60.300 (COMPATIBILITY REVIEW FOR PARTIALLY
DEVELOPED SUBDIVISIONS)
NOTE: THIS ITEM IS BEING CONTINUED TO MARCH 19, 2013.
ADJOURNMENT
The next regular meeting of the City Council will be held on March 19, 2013
commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. at
the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253.
DECLARATION OF POSTING
I, Phyllis Manley, Acting 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 near the entrance to the Council Chambers at 78-495 Calle Tampico, and
the bulletin boards at the Stater Brothers Supermarket at 78-630 Highway 111,
and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on March 1,
2013.
DATED: February 28, 2013
PHYLLIS MANLEY, Acting Deputy City Clerk
City of La Quinta, California
Public Notices
• The La Quinta City Council Chamber is handicapped accessible. If special equipment is
needed for the hearing impaired, please call the City Clerk's office at 777-7123, 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,
arrangements should be made in advance by contacting the City Clerk's office at 777-7123.
A one (1) week notice is required.
• If background material is to be presented to the Planning Commission 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(s)
on this agenda will be made available for public inspection at the Planning Department's
counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during
normal business hours.
CITY COUNCIL AGENDA 4 March 5, 2013
004
11 3/5t 2,o12 �� i�'t U " � �u t.�,A.(Q &;� . � C�
-> Development Management Group, Inc.
economic development ■ fiscal & economic analysis a development management
Goldenvoice, LLC
Coachella Valley Concert Series
ECONOMIC IMPACTS OF GOLDENVOICE, LLC
COACHELLA VALLEY CONCERT SERIES ON THE:
CITY OF LA QUINTA
(COMMUNITY AND CITY AS GOVERNMENTAL ENTITY)
Completed for:
Goldenvoice, LLC
December 7, 2012
73-945 Highway 111, Suite 202 a Palm Desert, LA 92260
Office: (760) 346-8820 ■ Mobile: (760) 272-9136 ■ Fax: (760) 346-8887
michael@dmgeconomics.com®www.dmgeconomics.com q 005
Development Management Group, Inc.
economic development m fiscal 4 economic analysis ■ development management
December7, 2012
Chad Holden, Controller
Goldenvoice, LLC
5750 Wilshire Blvd, Suite 501
Los Angeles, CA 90036
RE: OPINION LETTER: ECONOMIC IMPACTS OF GOLDENVOICE, LLC COACHELLA VALLEY CONCERT SERIES ON THE
CITY OF LA QUINTA (COMMUNITY AND CITY AS GOVERNMENTAL ENTITY)
Dear Mr. Holden:
The purpose of this letter is to provide an economist's opinion regarding the economic impacts of the Goldenvoice, LLC
Coachella Valley Concert Series to the City of La Quinta both as a community and as a governmental entity. This letter is
based upon the research previously provided to Goldenvoice, LLC and additional research completed specifically for this
request. Economic impacts to the City of La Quinta can generally be broken into lodging, visitor spending, and on -site
labor at the concert venue itself whereby employees live in the City of La Quinta.
Section 1: Overall Spending in the City of La Quinta
Lodoina
Lodging is broken into three types: hotel stays, contract housing by Goldenvoice, LLC and short-term rentals of private
residences. The City of La Quinta has 1,130 rooms. Primary research of the hotels indicates that 100% of visitors during
the three (3) weekends of the Goldenvoice, LLC Concert Series are persons staying at the hotel to attend the concerts.
In addition to the hotels, Goldenvoice, LLC contracts for approximately 40 homes to accommodate various staff and
production personnel. Finally, information for this section was extrapolated from the City of La Quinta's short-term
rental program. The City reports that $400,000 in Transient Occupancy Taxes (TOT) a year is generated from this
program, half of which is from a guarantee from a specific development. It is estimated that 50% of the remainder
($100,000 per year) is derived from the concert series (noting that it is likely that at least a portion of the $200,000
guarantee the City receives from the Villa's is also a result of the concert series but it is left out of the analysis to be
conservative). This translates to $1 million in total short-term rental expenditures by concert goers within the City of La
Quinta.
Exhibit A provides a reconciliation of the estimated revenues for lodging by concert weekend. In total, concert goers
spend about $5.67 million between the three (3) weekends on lodging in the City of La Quinta (inclusive of hotel,
Goldenvoice, LLC rental housing and short-term private rentals).
73-845 Highway 111, Suite 202 m Palm Desert, CA 92260
Office: (760) 346-8820 m Mobile: (760) 272-9136 m Fax: (760) 346-8887
michael@dmgeconomics.com ■ www.drngeconomics.com
006
Goldemroi¢, LLC
Economic Impact. City of l Qui&a GVCV Concert Series
December 7, 2012
Page 2 of 3
Spending
Spending by concert goers in the City of La Quinta specifically has pr
estimate. Following our overall economic impact analysis, we have
concert goers outside the concert facilities themselves) to the coma
is augmented by gasoline/vehicle fuel spending that is estimated to
of the event. What is not estimated at this time (due to limited info
on -site as the concert venue (campground, recreational vehicles) an
within the City of La Quinta as they entered the area (Le., Costco, W
of this analysis, we are estimating that $1.83 million was spent in thi
La Quinta or who purchased gasoline/vehicle fuel on their way to/fri
On -Site labor
The concert itself provides employment opportunities for what is to
payroll records, about $32,000 was paid to residents within the City
concert features a significant number of vendors that are located wi
private vendors). Many of these businesses have staff that resides i
the overall impacts of this labor in the full economic impact analysis
individual companies, it is not practical to estimate the number of p,
services as a result of the concert itself.
Total Sanendia
ven to be the most difficult category for which to
;signed off -site spending (spending made by
mitt' in which the concert attendee is staying. This
ave occurred within the City of La Quinta as a result
nation) is the spending that occurs by those staying
made purchases of food, drinks and other supplies
I -Mart, Stater Brothers and others). For purposes
City of La Quinta by those staying within the City of
m the concert itself.
ned "event -day" labor. Based on a review of
f La Quinta for their services. Additionally, the
iin the Coachella Valley (restaurants and other
the City of La Quinta. While we have calculated
rithout being privy to the payroll records of the
sons or the labor dollars paid to them fortheir
It is estimated that the total spending within the City of La Quinta asla result of the Goldenvoice, LLC Coachella Valley
Concert Series is $7.53 million. This is inclusive of lodging, off -site fojL'd and beverage, gasoline/vehicle fuel and direct
concert labor.
Transient Transient Occupancy (TOT)
The City of La Quinta has a Transient Occupancy Tax (TOT) (also knotn as a hotel tax) rate of 11% for conventional room
lodging and 10% on short-term rentals. In total, it is estimated that he City of La Quinta received $611,964 in TOT
revenue for the 2012 Coachella Valley Goldenvoice, LLC Concert Sen s.
Sales Tax
The local sales tax rate in the City of La Quinta is 7.75% with 1% going to the City of La Quinta The City received an
estimated $11,500 from sales tax directly related to those that stay within the City during the concert series. In
007
Golden ice, LLC
Ewwmic Zmpa .. C&y of l Quir a GVCV Concert 5 riu
December 7, 2012
Poge 3 of 3
addition, it is estimated that the City received another $6,750 in sales tax from gasoline/vehicle fuel purchases from
concert goers traveling through the City during the event.
Overall Revenue to the City
It is estimated that the City of La Quinta received $630,264 in tax revenue as a result of the concert event from TOT and
sales taxes.
Section 3: Overall Economic Impact of the Concert Series on the City of La Quinta Economy
Development Management Group, Inc. has applied the appropriate economic multipliers to the previously presented
spending and tax revenues to determine the overall economic impact of the Goldenvoice, LLC Coachella Valley Concert
Series on the economy of La Quinta. Utilizing the RIMS II modeling formula, we estimate that the La Quinta local
economy benefited from an overall impact of $16.76 million.
As stated previously, we believe that this number is conservative as it does not include spending by concert goers not
staying in the City of La Quinta (other than gasoline/vehicle fuel purchases). It is also limited by not having payroll
inforMation from specific businesses that served as outside vendors at the event itself that may have employees residing
in the City of La Quinta.
Certification
I certify that my engagement to prepare this report was not contingent upon developing or reporting predetermined
results. The statements of fact contained herein and the substance of this report are based on public records, data
provided by Goldenvoice and other sources as described in the reference section of this report. This report reflects my
unbiased professional analyses, opinions and conclusions. If any of the underlying assumptions related to this report
change after the date of this report (December 7, 2012), then the undersigned reserves the professional privilege to
modify the contents and/or conclusions of this report.
7n,A—I q. & ,l
Michael J. Bracken, Managing Partner
Development Management Group, Inc.
73-845 Highway ill, Suite 202
Palm Desert, CA 92260
(760) 346-8820 / (760) 346-8887 (fax)
(760) 272-9136 (mobile)
Michael@dmgeconomics.com
www.dmgeconomics.com
.a,.,. 008
Li+
o o m o
m b
V
m
m m Q
Y
O m
M o" V T O W
o
N V N
ti
E
O
mm v � c
N
Q ry m
m
N �p O 1� Ol N N h el ti
p
HI N M t0 T N
d a N y M�
N
J
c
p
O'
a
O
c
O W Vl
Q N m 'i
m O Q O N
Vf Vl Q N
n
V
lD V1 N ti rl N l0
O N 1� l0 m N
V C1
N ei Q O O
E N N N N N
O
V
C
u
�
W
'c
E
E
'm
u u
o
o N e^ m o m m
m m m o N
E
m
d
0 0 1� '-1 O �O .-1 Q
.mi
O m m o
O ri Oi N 01
CV u
O
VINN ut CNN
���
C NHS N
��Vl
>
m
c v
„ o m
� O �
d u
m
« V
V
eJ
V
d
E
E
V m m
m
E
m
o v
qlzL
cp
5
Jo E
m
u
O
Q Y Lcr
N o Y
C
d
W
V
V C N
O L � d
a
a « N
V d
C
J C J
W
0
N O—
O O
0
g d O p
u d
u
d o.
o �. w a 3
O e
mm
«u
.ai
X o'+ Muni car
m e
d l� j
m Y'Eno-1, 0
W
j
y
a o ni .Ni
V 9
m v
h
L m C d
3
y t N O O
C y !�
o o o
E 1Oaa a w n n
w
m= m q ««
S `a a
o c N N N m
E
O w w c! m
O
o x E a a a c v
x
V c o ««
d d o m
y r w w t•) m «
.d.
'^ 17 -y C 3 3
u m o LL
0 o r 0 0 0 0�„ no E E
10
O o 0 y
5.
m e 'm cam.
x= m m m m v
y
x x x u in a u
J
o E o n w m
�� mvvvv E-wu+
w
�� 2 ozz
cam`^ E
m m m C c C C 4 VI m m
_
d m
> u m
O O
O O O
oO
N N VI N W H M
m
t7 Wd
OO
v
o
L
a
� v
m
� q
d
J
E
`o
c
� c
v
r >
V d
`o
o d
p d
E
y
O E .,
a
v
E 3
m
o o u
Qd d
d
d U
p
W
m 2
o Uc
n E
m C O
o
- n
o o
w d c
n o
T U
n
YO
m «
O N q
N N
O d
E
J n
o c c
u d w
O m a
c m d
p n a
a m
Cf
M m t
E W O
J
u> m y
J o
0 w m m
n
0 o
o
o yc-o
V Q
C
N d n
E 0 J
a w o' m
m
m
'E E
E o �
o d
d
y c a
d
o L
-
e
m
O O v
0
a 3 N
c
n= p o
m � t d
= .y
�
m o m>
d m
d y
OCO M
m
O
m
w N d
C d y
o
L d O d
O H O d
C L E d
m O O
0
ro
c o O m
o O
r4 o r
C m C
d d>
`> 'c
o >
o 0 o N
Y d .a a
w uu o ._
u d v a
n o c
Q
N a
= =
d
m
N O O
O> p n
d J m C
c n a
c O
d _
d a ✓�
N O O K
o= 0 u 0
l7 iu u�
Z rl N m
Vt lO 1� m
rrQ
009
PRESENTATION:
La Quinta Public Library Quarterly Report
October 2012 through December 2012
Circulation
The La Quinta Public Library •circulated 66,373 items in the Second Quarter of
2012/2013, an increase of 5,124 items over the same period of 2011. During this
three month period the Library was open 650 hours with an average hourly
circulation of 102 items per hour.
Comparisons
2007
2008
2009
2010
2011
2012
October
10,191
17,191
20,073
21,114
21,799
23,024
November
10,140
16,839
19,343
20,879
20,111
22,601
December
3,844
16,164
121,531
19,568
19,339
20,738
Door Count
During this quarter 58,108 people visited the Library to check out materials, read
newspapers and magazines, utilize the Internet service, attend programs, and
purchase books from the Friends of the Library Book Store.
Comparisons
2008
2009
2010
2011
2012
October
17,247
17,630
18,854
19,895
21,373
November
13,727
15,892
18,463
16,369
16,335
December
13,772
17,287
16,808
15,457
17,440
Public Computer Usage
The Library logged 9,149 computer sessions on 28 public access computers.
Public computers are used by all ages: students use the computers for both
recreation and their school work; tourist and short-term visitors keep in touch with
work, family, or check travel arrangements; and, people who know nothing about
computers come to the Library for computer classes. The Library also provides free
Wi-Fi access for residents and visitor with laptop computers.
New Borrowers
In the period between October 1 and December 31, 2012, Library staff issued 670
new Library cards. .On December 31, 2012, the La Quinta Library had 39,388
active borrowers.
Weekly Programming
A Preschool Storytime for children 3%: to 5 years old was held ten Tuesday
mornings during the quarter. A total of 357 children attended.
A weekly On -the -Lap Storytime Program for parents with babies and toddlers was
held prior to the Preschool Storytime. Twelve programs were attended by 392
participants.
The weekly Conversational Spanish Class is held Wednesday evenings in the
Library Classroom. The seven sessions were attended by 108 adult students. This
is more than double the attendance for the same session last year.
Monthly Programs
The Library offers a Family Movie Day on the second Sunday of each month.
During this quarter 138 people attended the three movies.
Special Programs
On October 28, 2012, the Library held its third Day of the Dead. This cultural
event, was celebrated with music, food, crafts for children, and altars honoring the
lives of artists. Over 350 people attended this Sunday afternoon program. This is
an increase of 33% over our last year's Day of the Dead program.
Special No -School -Today Movies occur on weekdays when the Library is open and
students are out of school. The whole movie experience is replicated from picking
up a ticket, getting popcorn, and watching a new release movie on the big screen
(Classroom wall). Attendance for our movie days this quarter was 65 people.
Volunteers
During this quarter 36 volunteers donated 451 hours of time. Volunteers worked
in the book store, shelved returned books in the Library, helped with programs, and
performed a myriad of other tasks.
Friends of the Library
The Friends of the La Quinta Library continue to offer support in all areas. The
Friends are the mainstay of all Library programming, including our movie licensing
agreement, refreshments and all other program cost.
Networking with Other City Agencies
During this Quarter the Library provided a monthly preschool story time at the
Museum on the first Wednesday of the month.
The joint Library and Senior Center mystery book club that began in September
continued through November. The Library provided books and discussion topics
while the Senior Center provided speakers to give background on the subjects.
The library taught a three -session series of Beginning Beginner Computer Classes.
This is a program that ties into the classes taught by Andy Lorenz at the Senior
Center. The Library classes teach basic skills needed to move on to the more
advanced classes. The class covers mouse skill, an introduction to the keyboard,
the desk top, and maneuvering about a web page. Three sessions were offered
with 20 people in attendance.
.�:�w c i k
La Quinta Library Expenditures
October 1, 2012 — December 31, 2012
Library Contract
Expenditures (LSSI)
7/1/12 to
9/30112
10/1/12 to
12/31/12
1/1/13 to
3/31/13
4/1/13 to
6/30/13
Total
Labor & Benefits
$101,966.76
$104,056.98
$206,023.74
Automation &
Courier
$17,925.91
$16,833.07
$34,758.98
Other Direct Costs
$1,819.22
$1,465.38
$3,284.60
Zone
Administration
$7,611.06
$7,651.31
$15,262.37
Shared Costs
$10,607.58
$10,663.67
$21,271.25
Library Contract
Expenditures
$139,930.531
$140,670.41
$280,600.94
County
Expenditures
7/1/12 to
9/30/12
10/1/12 to
12/31/12
1/1/13 to
3/31/13
4/1/13 to
6/30/13
Total
Personnel
$6,697.70
$8,840.06
$15,537.76
Insurance
$10,128.02
$1,049.49
$11,177.51
Miscellaneous
Expenses
$108.24
$136.45
$244.69
Special Program
Expenses
$-.07
$558.37
$558.37
Accounting Costs
$83.29
$192.18
$275.47
Travel and
Conferences
$34.73
$.89
$35.62
Support Services
$10,726.02
$58,755.40
$69,481.42
County
Expenditures
$27,777.93
$69,532.84
$97,310.77
TOTAL
EXPENDITURES
$167,708.46
$210,203.25
1
$377,911.71
012
La Quinta Museum Quarterly Report
October 2012 through December 2012
Visitors
1,338 people visited the Museum this quarter - including 164 children.
Exhibits
The exhibit of 34 local artists titled Creativity in La Quinta Cove ran until the end of
December. In October, the La Quinta Historical Society hosted an elegant
reception for 100 artists and visitors. The early December tour of eleven artists'
studios was a huge success. Approximately 150 people visited studios in the Cove
and got to see firsthand where the artists worked and what inspired their creativity.
The first floor gallery remained dedicated to local history including Cahuilla Indian
and native animal dioramas as well as displays on the early resorts.
Programming
Preschool Story Time for children ages 3 through 5, held the first Wednesday of
each month, was attended by a total of 100 children and their caretakers. These
story times with a craft program that follows are a collaboration with the Museum
and the Library. -
The kickoff for this season's First Fridays in November was a performance by the
Mariachi Orgullo Azteca, chosen because it fell on the Day of the Dead (Dia do Jos
Muertos). Their enthusiastic music rocked the courtyard! The Museum displayed
Day of the Dead themed quilts borrowed from the Coachella Valley Quilt Guild in
the Community Room. The Museum also created an altar honoring La Quinta artist
Fred Rice for the Library's celebration.
In conjunction with the Creativity in La Quinta Cove exhibit artist Ann Wolfe
produced a series of five Creative Fridays at the Museum workshops which proved
to be popular.
Gift Shop
Total gift shop sales this quarter were $1,859.
• :.Y� 013
La Quinta Museum Expenditures
October 1, 2012 - December 31, 2012
Museum
7/1/12 to
10/1/12 to
1/1/13 to
4/1/13 to
Personnel Costs
9/30/12
12/31/12
3/31/13
6/30/13
Total
Salaries
$29,625.00
$29,625.00
$59,250.00
Total Personnel
Costs
$29,625.00
$29,625.00
$59,250.00
Museum
Programming
7/1/12 to
10/1/12 to
1/1/13 to
4/1/13 to
Costs
9/30/12
12/31/12
3/31/13
6/30/13
Total
Special Speaker
$1,521.90
$2,550.11
$4,072.01
Printing
$108.16
$354.19
$462.35
Total
Programming
Costs
$1,630.06
$2,904.30
$4,534.36
Other Costs
7/1/12 to
9/30/12
10/1/12 to
12/31/12
1/1/13 to
3/31/13
4/1/13 to
6/30/13
Total
Travel
$18.36
$422.35
$440.71
Supplies
$1,340.69
$2,454.26
$3,794.95
Gift Shop
Supplies
-
$1,(juj.uuj
$1,603.09
Miscellaneous
$1,626.35
$191.301
$1,817.65
Total Other Costs
1 $2,985.40
$4,671.001
$7,656.40
TOTAL
EXPENDITURES
$34,240.46
$37,200.30
$71,440.76
ri.� 014
/ SA / HA / FA MEETING DATE: March 5, 2013
ITEM TITLE: Demand Register Dated March 5, 2013
RECOMMENDED ACTION:
Approve Demand Register Dated March 5, 2013.
EXECUTIVE SUMMARY:
None.
FISCAL IMPACT:
Demand of Cash City $1,684,621.44
Demand of Cash -Successor Agency of RDA $0.00
Demand of Cash - HA $0.00
Demand of Cash - HA Comm $0.00
BACKGROUND/ANALYSIS:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Between City Council meetings, there is a need to pay some routine bills in order to avoid
late fees being charged to the City, as well as payroll and related payroll taxes. These
items are listed below:
Prepaid Warrants:
98700 - 98715)
98716 - 98732)
Voids)
Wire Transfers)
P/R 36813 - 36819)
P/R Tax Transfers)
$ 39,641.40
$ 19,031.72
$ (7,016.65)
$245,058.91
$141, 245.02
$ 38,864.39
Payable Warrants Cont'd:
98552 - 98699) $1,207,796.65
$1,684,621.44
In addition, listed below are the most significant expenditures being paid on the regular
demand register.
Significant Expenditures:
Vendor:
Account #:
Amount:
KASA Construction 401-1870-551.45-01 $149,016.05
La Quinta Farms 101-7006-431.32-15 $ 22,857.04
Riverside Co Sheriff
ALTERNATIVES:
None.
Respectfully submitted,
Various Accounts $884,677.49
&Mj
Robbeyn Bird, Finance Director
Purpose:
Fred Waring Proj.
Feb PM 10 Svc.
Nov -Dec Police Svc
rr-� 016
CITY / SA / HA / FA MEETING DATE: March 5, 2013. AGENDA CATEGORY:
BUSINESS SESSION: _
ITEM TITLE: Development Improvement Agreement CONSENT CALENDAR:
with SoCal Portfolio I LP for Reimbursement from
Settlement Funds for Off -Site and On -Site STUDY SESSION: _
Improvements Associated with Tract 30138 PUBLIC HEARING:
RECOMMENDED ACTION:
Approve the Development Improvement Agreement with SoCal Portfolio I LP for
reimbursement from settlement funds for off -site and on -site improvements
associated with Tract 30138, and authorize the City Manager to execute said
agreement subject to minor revisions by the City Attorney.
EXECUTIVE SUMMARY:
• After the original developer of Tract 30138 defaulted and bonds were called,
the City received a surety company bond settlement of $1 million for the
design and construction of certain off -site and on -site improvements
associated with the tract including adding a second westbound lane on
Avenue 52 and constructing a landscaped median and parkway along the
project's frontage.
• The new owner of the property, SoCal Portfolio I LP, would like to take the
lead in designing and constructing these improvements and have Avenue 52
completed before the 2013 Coachella Valley Music and Arts Festival.
• The Development Improvement Agreement (Attachment 1) lists the order of
completion of the improvements, requires that the first improvement be the
widening of Avenue 52 along the project frontage, and describes the manner
in which the developer will be reimbursed.
rl 7
FISCAL IMPACT:
None. All developer reimbursements will come from settlement funds.
BACKGROUND/ANALYSIS:
Tract 30138 is located on Avenue 52 just east of the All American Canal
(Attachment 2). The City Attorney's Office has been working with the developer's
attorney and City staff to craft an agreement for construction of the remaining on
and off -site improvements. Per the Agreement, the City will pay SoCal Portfolio I
LP the cost to construct the improvements outlined above. All but $75,000 of the
settlement proceeds will be used for these improvements; the $75,000 has been
reserved for: 1) fugitive dust control, 2) grading security, and 3) mechanics liens,
should any arise after improvements are accepted by Council. The $75,000 will be
eligible for developer reimbursement only after the mechanic's lien filing period has
expired.
ALTERNATIVES:
Direct staff to incorporate the Avenue 52 off -site street improvements into the
City's Capital Improvement Program. However, due to the length of time
necessary to bid these improvements, construction would then occur during the
2013 concert season.
Respectfully submitted,
Timothy R. Jo a son, P.E.
Public Works Director/City Engineer
Attachments: 1. Development Improvement Agreement
2. Vicinity Map for Tract 30138
F 018
' ATTACHMENT1
DEVELOPMENT IMPROVEMENT AGREEMENT
THIS DEVELOPMENT IMPROVEMENT AGREEMENT ("Agreement") is made and
entered into as of March _, 2013 ("Effective Date") by and between the CITY OF LA
QUINTA, a municipal corporation operating pursuant to a Charter adopted by it as authorized by
the State of California ("City") and SOCAL PORTFOLIO I LP, a Delaware limited partnership
("SoCal"). City and SoCal are sometimes referred to herein separately as a "Party" and jointly
as the "Parties."
RECITALS:
A. SoCal is the current owner in fee of that certain real property located in the City, .
Riverside County ("County"), California ("State"), described in Exhibit "A" ("Property").
B. While the Property was under prior ownership, the City approved Tentative Tract
Map No. 30138 and Conditions of Approval ("Conditions of Approval") for that tentative tract
map. On October 13, 2006 City and La Quinta Developers, LLC, ("La Quinta Developers"), a
prior owner of the Property, caused to be recorded Tract Map 30138 ("Map") as Instrument No.
2006-0757452. Pages 31 to 35, inclusive, of Maps in the Office of the County Recorder of the
County. The Property, together with the recorded Map and approved Conditions of Approval,
has been referred to from time to time as the "Diamante Project," the "Diamonte Project" and the
"Monaco Project"; for clarity purposes, the Property, the Map and the Conditions of Approval
shall be referred to herein simply as the "Project."
C. While under the ownership and control of La Quinta Developers, certain initial
actions were taken to commence development of the Project. Those actions included posting
with the City certain labor and material bonds and performance bonds (collectively, the "Bonds")
issued by Travelers Casualty and Surety Company of America ("Travelers") in favor of the City
as beneficiary for certain improvements related to the Project, some of which are subdivision
improvements (referred to herein as "On -Site Improvements") and some of which are
improvements within the public rights -of -way (referred to herein as "Off -Site Improvements")
(the On -Site Improvements and the Off -Site Improvements are sometimes referred to herein
collectively as the "Improvements"). The Improvements are set forth in Exhibit `B" and Exhibit
"C" hereto.
D. La Quinta Developers subsequently lost ownership of the Property. A dispute
then arose between Travelers and the City regarding the unfinished bonded Improvements and
the use of the principal amounts on the Bonds. A settlement was reached according to terms set
forth in that certain "Settlement Agreement" dated December 5, 2012, whereby Travelers agreed
to pay to the City $1,000,000.00 (the "Bond Fund") in final and complete settlement of all
obligations of Travelers concerning the Project, and City agreed to accept the Bond Fund in full
settlement. Said funds have been collected by the City, and have been placed in a separate bank
account for use as specified in this Agreement.
E. City desires that the Off -Site Improvements and certain of the On -Site
Improvements be completed and has proposed to SoCal that City will make available to SoCal
W CH\30615.0006W29257.1 12/14/2012
019
the Bond Fund if SoCal agrees to complete those Off -Site Improvements and the specified On -
Site Improvements as a priority (collectively, "Priority Improvements" as identified in Exhibit
"D" hereto), and that if SoCal so agrees, then the balance of the Bond Fund (if any) could be
used by SoCal for other On -Site Improvements.
F. As of the Effective Date SoCal has identified certain plans and specifications
(collectively, the "Plans") previously prepared for the Project, which are in various stages of
completion and or prior approval. The Plans are specifically identified in Exhibit "F."
G. The City is agreeable to using the Bond Fund to complete the Improvements (with
emphasis on the Priority Improvements) to the extent of the available Bond Fund.
Based on the foregoing Recitals, and in consideration of the covenants, terms and
conditions set forth hereinafter, the Parties agree as follows:
AGREEMENT:
Recitals.
1.1 Recitals True and Correct. The Recitals are true and correct.
1.2 Defined Terms. All defined terms therein are adopted below.
2. Improvements: Use of Bond Fund.
2.1 General Contractor. SoCal shall enter into a contract ("General Contract")
with a General Contractor, licensed and insured in the State of California. Until such time as the
General Contract is fully executed, the SoCal Contact Person (defined below) shall be the
contact person for SoCal. As soon as the General Contract is executed, SoCal will notify City of
the General Contractor and its contact person who thereafter shall be the authorized agent of
SoCal and shall be the Contact Person for SoCal. Through the General Contractor, SoCal shall
cause the completion of the Improvements pursuant to the Approved Plans (defined below), to
the extent reasonably possibly, and subject to the terms and conditions herein, including the
availability of proceeds from the Bond Fund. The City may use proceeds from the Bond Fund as
compensation for costs incurred by the City due to the default of La Quinta Developers,
including but not limited to, legal and administrative costs. SoCal will cause the General
Contractor to apply and pay for an encroachment permit for constructing improvements in the
public right-of-way.
2.2 Insurance. SoCal agrees to require General Contractor to carry a policy of
Commercial General Insurance naming City and SoCal as additional insureds as to the
Improvements, with coverages in accordance with the terms specified in Exhibit "E."
2.3 Construction Schedule. After the General Contractor is hired, SoCal and
General Contractor shall prepare and submit to the City an estimated construction
commencement, progress and completion schedule ("Constriction Schedule"). The
wCFN0615.000"29257.1 12/142012 2
.. 020
Construction Schedule will be updated from time to time as processing, construction and Force
Majeure conditions (defined below) affect it.
2.4 Priority Improvements. Commencement of, and completion of,
construction the Priority Improvements shall be a priority in the General Contract and in the
Construction Schedule, but it is understood that other Improvements might require completion in
order to facilitate work on the Priority Improvements.
2.5 Expedited Reviews and Approvals. City agrees to provide expedited
review for all plans (both new and as refreshed as previously approved plans) and for any permit
applications that require City approvals or issuance. This expedited review and approval process
shall be coordinated through the City Contact Person (defined below).
2.6 City Assistance. City agrees to assist SoCal and General Contractor, as
reasonably possible, with all processing with Coachella Valley Water District ("CVWD") and
the La Quinta City Fire Department ("Five Department") and all other public agencies regarding
processing and approval of plans necessary in connection with the Improvements, and including
obtaining all rights -of -way and other permits required for the Improvements.
2.7 Prevailing Wages. As City is a charter city and has elected under its
charter not to be subject to the State's prevailing wage requirements, construction contracts
entered into by SoCal and General Contractor requiring the use of the Bond Fund shall not be
required to be subject to such prevailing wage requirements.
3. Bond Fund: Payment of Construction Invoices.
3.1 AAooroved Plans. Once the General Contract is executed, General
Contractor shall cause commencement of construction of the Improvements in accordance with
the Construction Schedule, emphasizing focus on the Priority Improvements in the order as listed
in Exhibit "D." Initial emphasis by General Contractor shall be to work with City, CVWD and
Fire Department to refresh previously approved plans and gain final approval for any previously
uncompleted and approved plans for each of the Improvements (collectively when approved, the
"Approved Plans"). The City shall have the final say and control over the priority of the
Improvements to be constructed with the Bond Fund, as well as the expenditures to be made
from the Bond Fund. The City shall have no liability for any construction or other costs which
exceed the balance of the Bond fund.
3.2 Processing_ Approval and Payment of Invoice Package. Subsequent to
commencement of construction, SoCal shall submit to the City, on not less than thirty (30) day
cycles ("Invoice Submittal Date"), an Invoice Package (defined below) for work completed
during the period which is the subject of the Invoice Package. City will have ten (10) business
days within which to notify SoCal of any deficiency claimed by City in the Invoice Package, and
City, SoCal and General Contractor shall promptly meet and attempt in good faith to resolve
such issues. City shall, not later than thirty (30) days following the Invoice Submittal Date, pay
to SoCal from the Bond Fund Account the invoiced amount, less any amount disputed by the
City. SoCal may request preapproval of expenses prior to incurring the charges to ensure that
Ulpuvtar
021
the expenses are eligible for reimbursement. The City Engineer is authorized to preapprove
these expenses, in writing, on behalf of the City.
3.3 Invoice Package. The Invoice Package shall consist of the following:
a. The Invoice on form previously agreed to by City and General
Contractor, reasonably describing the Improvement work (including
all fees, charges and other costs incurred General Contractor or
SoCal) by invoiced for and its relation to the Construction Schedule
and the Priority Improvements (if applicable);
b. All appropriate lien releases (or partial lien releases);
c. Certification by a California licensed civil engineer that the
Improvement work (or discrete component thereof) has been completed
in accordance with the Approved Plans.
3.4 Withholding of Funds. The City shall withhold $75,000 out of the Bond
Fund to cover expenses associated with (a) jobsite dust control; (b) remedial grading, if needed
due to default or non-performance of General Contractor, in order to make the jobsite safe; and
(c) payment of any claims, stop notices, or mechanic's liens filed against the City as a result of
work on the site. At the conclusion of 35 days after City Council acceptance of the
Improvements, the $75,000 would become eligible for reimbursement to SoCal for completion of
additional eligible Improvements.
4. Insurance.
4.1 Commercial General Liability Insurance. General Contractor shall be
required, through the General Contract, to carry the insurance coverage (at a minimum)
described in Exhibit "E" in full force at all times during construction of the Improvements, with
City and SoCal named as additional insureds.
5. Construction Schedule: Force Majeure.
5.1 Adherence to Construction Schedule: Unavoidable Delays. While General
Contractor will be required to exercise reasonable best efforts to adhere to the Construction
Schedule, particularly as it pertains to the Off -Site Improvements, it is understood that the
Construction Schedule is a good faith estimate of General Contractor's completion of the
Improvements, and is subject to modification, from time to time, by General Contractor as
elements effecting that schedule arise, including unavoidable delays ("Force Majeure") caused
by earthquake, flood, inclement weather, industry -wide labor strikes, shortages of required
materials, spill of hazardous substances, or interferences by public agencies requiring
modifications to the Approved Plans, work schedules, or methods of operation.
W CH\i0615.0006\429257.1 12/ 14/2012
022
5.2 No Third Party Beneficiary. The Parties agree that they do not intend that
the General Contractor is a third party beneficiary under this Agreement, and agree that the
General Contractor has no right to enforce the provisions of this Agreement.
6. Fees. Denosits. Refunds and Reimbursements.
6.1 Fees: Deposits. SoCal shall be entitled to full credit for all fees and
deposits previously made by La Quinta Developers or any other prior owner of the Project, and
in the event City has raised or increased such fee or deposit requirement after the date originally
made, then SoCal shall be required to pay or deposit only the difference between the original
paid fee or deposit and the new fee or deposit.
Notices.
7.1 Acceptable Methods for Notice. All notices, consents and
communications to a Party or to the General Contractor shall be in writing and shall be deemed
to have been duly given when (a) delivered by hand with a signed delivery receipt requested, (b)
sent by facsimile (with receipt confirmed), provided a copy is mailed on the same day by
registered mail, return receipt requested, or (c) received by the addressee, if sent by U.S. Mail or
Express Mail, Federal Express or other express delivery service (receipt requested), in each case,
to the appropriated addresses and telecopier numbers set forth below (or to such other addresses
or telecopier numbers as a Party or General Contractor might designate as to itself by notice to
the others).
7.2 To the City: All notices to the City shall be delivered to the following:
Frank Spevacek
City Manager
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Telephone: (760) 777-7030
Facsimile: (760) 777-7155
Email: citymanagersoffice@la-quinta.org
with copy to
M. Katherine Jenson
Rutan & Tucker, LLP
611 Anton Blvd., Suite 1400
Costa Mesa, CA 92626
Telephone: (714) 641-3413
Facsimile: (714) 546-9035
Email: kjenson asutan.com
WCH'30615.0006\429257.1 12/14/2012
p �... 023
7.3 To SoCal: Until the General Contract becomes effective and the General
Contractor is identified, all notices to SoCal's authorized agent shall be delivered to the
following:
Jonathan M. Weldy
Meridian Land Development Co.
19153 Town Center Drive, Suite 106
Apple Valley, CA 92308
Telephone: (760) 240-5511 ext. 222
Cell: (909) 380-9919
Email: jweldy a,meridianldc.com
with cony to
William C. Holzwarth
Dzida, Carey & Steinman
8657 Conservation St. NE
Ada, MI 49301
Telephone: (951) 300-2000
Facsimile: (616) 682-5480
Email: wholzwarth n dcslaw.com
8. General Provisions.
8.1 Applicable Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State.
8.2 Assignment. SoCal shall not assign this Agreement to any other person or
entity without the express written consent of the City.
8.3 Equitable Remedies. Each Party shall, in addition to all other rights
provided herein or as may be provided by law, be entitled to all equitable remedies including
those of specific performance and injunction, to enforce its rights hereunder.
8.4 Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which when taken together
shall constitute one and the same document.
8.5 No Partnership. Nothing herein shall constitute or be construed to be or
create a partnership or joint venture between the City on the one hand and either SoCal or
General Contractor on the other.
8.6 Entire Agreement. This Agreement, together with any Exhibits referred to
herein, each of which is hereby incorporated in this Agreement and made a part hereof, embodies
the entire agreement and understanding between the Parties and supersedes all prior agreements
and understandings between them with respect thereto.
•�- 024
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective
Date.
SOCAL PORTFOLIO I LLC, a Delaware
limited liability company
M
Jeremy Scheetz, Its Vice President
WCFN0615.0006\429257.1 12/14/2012
CITY OF LA QUINTA, a municipal
corporation
By:
Frank Spevacek, City Manager
Attest to City Manager's Signature:
By:
Susan Maysels, City Clerk
Approved as to Form
By:
M. Katherine Jenson, City Attorney
.�._ 025
EXHIBIT "A"
Property Description
The Property referred to in the within Agreement is that certain real property located in the City
of La Quinta, Riverside County, California, more particularly described as:
Lots 1 through 47, inclusive, and Lots "A" through "I," inclusive, as shown on a Map of Tract
No. 30138, as per plat recorded in Book 411, Pages 31 through 35, inclusive, of Maps, Records
of Riverside County, California.
WCH\30615.000&429257.1 12/14/2012
EXHIBIT "B"
On -Site Improvements
WCHU0615.0006\42M7.1 12/142012 9
.h. _ 021.
EXHIBIT "C"
Off -Site Improvements
WCH130615.0000429257.1 12/14/2012 to
=,w.,, 028.
Exhibit I'D"
Priority Improvements
Complete construction of the following Improvements, including refreshing all plans,
permits, and other approvals associated therewith, in the following order:
a. Avenue 52 road Improvements, including the northern travel lane, curb and
gutter.
b. Drive approaches into the Tract.
C. Wall between the ROW and the Tract.
d. Center median Improvements.
C. Storm drain Improvements on Avenue 52.
On -Site detention basin connection to the drainage of Avenue 52.
WCH\30615.0006\429257.1 12/14/2012 11
EXHIBIT "E"
Insurance Requirements
General
Prior to the beginning of and throughout the duration of the Work, General Contractor will
maintain insurance in conformance with the requirements set forth below. General Contractor
will use existing coverage to comply with these requirements. If that existing coverage does not
meet the requirements set forth here, it will be amended to do so. General Contractor
acknowledges that the insurance coverage and policy limits set forth in this section constitute the
minimum amount of coverage required. Any insurance proceeds available to City in excess of
the limits and coverage required in this Contract and which is applicable to a given loss, will be
available to City.
General Contractor shall submit coverage verification for review and approval by the City upon
execution of the Contract.
The Notice to Proceed with the Work under this Contract will not be issued, and the General
Contractor shall not commence work, until such insurance has been approved by the City. The
General Contractor shall not allow any subcontractors to commence work on its subcontract
until all similar insurance required of the subcontractor has been obtained and verified by
General Contractor. Such insurance shall remain in full force and effect at all times during the
prosecution of the Work and until the final completion and acceptance thereof.
General Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Policy
Commercial General Liability Insurance using Insurance Services Office "Commercial General
Liability" policy form CG 00 01 or the equivalent. Defense costs must be paid in addition to
limits. Limits shall be no less than Two Million Dollars ($2,000,000) per occurrence for all
covered losses and no less than Four Million Dollars ($4,000,000) general aggregate.
General Contractor's policy shall contain no endorsements limiting coverage beyond the basic
policy coverage grant for any of the following:
a. Explosion, Collapse or Underground Hazard(X CU).
b. Products and Completed Operations.
C. Pollution liability.
d. Contractual liability.
WCFN0615.00061429257.1 12/14n012 12
C30.
Coverage shall be applicable to City for injury to employees of. contractors, subcontractors or
others involved in the project. Policy shall be endorsed to provide a separate limit applicable to
this project.
Workers' Compensation Insurance
Workers' Compensation on a state -approved policy form providing statutory benefits as required
by law with employer's liability limits no less than $1,000,000 per accident for all covered
losses.
Business Auto Policy
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including
symbol 1 (Any Auto) or the equivalent. Limits shall be no less than $1,000,000 per accident,
combined single limit. If General Contractor owns no vehicles, this requirement may be satisfied
by a non -owned auto endorsement to the general liability policy described above.
Excess or Umbrella Liability Insurance
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverage. Any such
coverage provided under an umbrella liability policy shall include a drop down provision
providing primary coverage for liability not covered by primary but covered by the umbrella.
Self -insured retentions are not permitted. Coverage shall be provided on a "pay on behalf' basis,
with defense costs payable in addition to policy limits. There shall be no cross liability exclusion
precluding coverage for claims or suits by one insured against another. Coverage shall be
applicable to City for injury to employees of General Contractor, subcontractors or others
involved in the Work. The scope of coverage provided is subject to approval of City following
receipt of proof of insurance as required herein. Limits are subject to review but in no event less
than $1,000,000 per occurrence and aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are authorized
carriers in the state of California and with an A.M. Be
st rating of A- or better and a minimum financial size of VII.
WCHU0615.0006W29257.1 12/14/2012 13
.�... C 31
EXHIBIT "F"
Project Improvement Plans
1. Tract Map No. 30138 Diamante; sheets 1-5, dated May 2004, recorded 10/13/06.
2. Precise Grading Plan Tract 30138 Diamante; sheets 1, 2, 3, 4, 5 & 6 updated 4/10/07.
3. Rough Grading Plan Tract 30138 Diamante; sheets 1, 2 & 3 dated 6/29/06.
4. On -Site Street & Storm Drain Improvement Plans Tract 30138 Diamante; sheets 1, 2, 3,
4, 5 & 6 dated 3/2/07.
5. Off -Site Street Improvement Plan Tract 30138 Avenue 52; sheets 1, 2, 3 & 4 dated
4/18/07.
6. Water Improvement Plans Tract 30138; sheets 1-5, dated 8/21/06.
7. Sewer Improvement Plans, Tract 30138; sheets 1-4, dated 8/21/06.
8. Encroachment Composite Plan, Tract 30138; sheets 1-2, dated 7/7/06.
9. PM10 Fugitive Dust Control Plan, Tract 30138; sheets 1-2, dated 12/6/04.
10. S.W.P.P.P., Tract 30138; sheet 1, dated 11/12/04.
11. Landscape Plans, Monaco; dated December 3, 2009 — unapproved.
WCHU0615.0006\429257.112/142012 14- '
!a" 032
tL
w
z
ir
w
w
w
W
TM 30138 DIAMANTE
aTY OF WOW
50TH AVENUE
A
52ND AVENUE
VICINITY
NOT TO SCALE
ATTACHMENT 2
033
Ifluf 4 4 a"
CITY / SA / HA / FA MEETING DATE: March 5,
2013
AGENDA CATEGORY:
ITEM TITLE: Professional Services
Agreement for
BUSINESS SESSION:
Professional Engineering Services
Plans, Specifications and Estimates
to
for
Prepare the
the Sports
CONSENT CALENDAR:
Complex Lighting Rehabilitation
and
Expansion
STUDY SESSION:
Improvements, Project No. 2012-02
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve a Professional Services Agreement with Prest Vuksic, in the amount of
$591157 to prepare the plans, specifications and estimates for the Sports Complex
Lighting Rehabilitation and Expansion Improvements, Project No. 2012-02.
EXECUTIVE SUMMARY:
• The proposed improvements are located at the La Quinta Sports Complex.
The project will upgrade the lighting system so that each field may be lit
independently.
• The lighting system will also be expanded to include two new light poles at
the batting cages, four new light poles at the baseball field, and four new
light poles at the small football field.
• Approval of the attached Professional Services Agreement (PSA)
(Attachment 1) will initiate the engineering phase of the project.
FISCAL IMPACT:
The PSA will cost $59,157. The lighting project is included in the 2012/2013
Capital Improvement Plan and $888,875 in Quimby Act funds have been budgeted
for Fiscal Year 2012/2013.
034
The following is the anticipated project budget:
Construction:
$650,000
Design:
$59,157
Professional:
$13,000
Inspection/Testing/Survey:
$63,375
Administration:
$32,500
Contingency:
$70,843
Total Anticipated Budget:
$888,875
BACKGROUND/ANALYSIS:
The La Quinta Sports Complex was built in the late 1980s through a partnership
between the Desert Sands Unified School District and the City of La Quinta. The
lighting rehabilitation and expansion project will modify the lighting system so that
each field may be lit independently, thereby reducing power costs, and additional
lights would be installed at the baseball and football fields. During the design
process, staff and the design engineer will hold community meetings as necessary
to discuss the project.
On September 18, 2012, the City Council authorized staff to distribute a request
for proposal to obtain professional engineering services to prepare the plans,
specifications and estimates for the Sports Complex Lighting Rehabilitation and
Expansion Improvements. On October 19, 2012, the City received two proposals
from qualified professional architectural and engineering consultants. Following its
review, the consultant selection committee unanimously recommends that Prest
Vuksic be awarded a PSA in an amount not to exceed $59,157. This project
involves architecture and electrical engineering improvements, which cannot be
performed by staff; therefore, hiring an architect with an electrical engineering sub
consultant for this work is necessary.
Contingent upon Council's approval and authorization to obtain professional
engineering services on March 5, 2013, the following is the project schedule:
City Council Authorization of the PSA
Authorization to Proceed
Project Design
Bidding/Award process
Construction (85 working days)
Accept Improvements
March 5, 2013
March 6, 2013
March 6, 2013 - June 30, 2013
July 2013 - August 2013
September 2013 - December 2013
January 2014
C35
ALTERNATIVES:
In order to meet with residents that may be affected by this project, and before the
high season ends, staff believes hiring this consultant will move the project forward
in the most expeditious matter and therefore does not recommend any alternative
action.
Respectfully submitted,
Timothy R. Jon s n, P. .
Public Works Dir for/City Engineer
Attachment: 1. PSA
" 036
ATTACHMENT
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made
and entered into by and between the CITY OF LA QUINTA, ("City"), a California
municipal corporation, and Prest Vuksic Architects ("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 Sports Complex
Lighting and Rehabilitation and Expansion, Project No. 2012-02, 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 inaccordance 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).
Last revised 7-3-12 1
.•.. , .G37
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 standard of quality and workmanship applicable to members
of Consultant's profession. Consistent with Section 1.4 hereinabove, Consultant
represents to City that it holds the necessary skills and abilities to satisfy the
standard of work as set forth in this Agreement.
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Consultant shall perform services in addition to those specified in the
Scope of Services ("Additional Services") when directed to do so by the Contract
Officer. Consultant shall not perform any Additional Services until receiving prior
written authorization from the Contract Officer. It is specifically understood and
agreed that oral requests and/or approvals of Additional Services shall be barred
and are unenforeceable. Failure of Consultant to secure the Contract Manager's
written authorization for Additional Services shall constitute a waiver of any and all
right to adjustment of the Contract Sum or time due, whether by way of
compensation, restitution, quantum meruit, etc. for Additional Services provided
without the appropriate authorization from the Contract Manager. Compensation
for properly authorized Additional Services shall be made in accordance with
Section 2.2 of this Agreement.
1.7 Special Requirements. 'Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the
"Special Requirements"). In the event of a conflict between the provisions of the
Special Requirements and any other provisions of this Agreement, the provisions of
the Special Requirements shall govern.
Last revised 7-3-12 2
038
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of
Compensation") in a total amount not to exceed Fifty Nine Thousand, One Hundred
Fifty Seven Dollars ($59,157.00) (the "Contract Sum"), except as provided in
Section 1.6. The method of compensation set forth in the Schedule of
Compensation may include a lump sum payment upon completion, payment in
accordance with the percentage of completion of the services, payment for time
and materials based upon Consultant's rate schedule, but not exceeding the
Contract Sum, or such other methods as may be specified in the Schedule of
Compensation. Compensation may include reimbursement for actual and necessary
expenditures for reproduction costs, transportation expense, telephone expense,
and similar costs and expenses when and if specified in the Schedule of
Compensation. Regardless of the method of compensation set forth in the
Schedule of Compensation, Consultant's overall compensation shall not exceed the
Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional
Services."
2.2 Compensation for Additional Services. Additional services approved
in advance by the Contract Manager pursuant to Section 1.6 of this Agreement,
"Additional Services," shall be paid for in an amount agreed to in writing by both
City and Consultant in advance of the Additional Services being rendered by
Consultant. Any compensation for Additional Services amounting to five percent
(5%) or less of the Contract Sum may be approved by the Contract Officer. Any
greater amount of compensation for additional services must be approved by the La
Quinta City Council. Under no circumstances shall Consultant receive
compensation for any Additional Services unless prior written approval for the
Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of
this Agreement.
2.3 Method of Billing. Any month in which Consultant wishes to
receive payment, Consultant shall submit to City no later than the tenth (10th)
working day of such month, in the form approved by City's Finance Director, an
invoice for services rendered prior to the date of the invoice. Such invoice shall (1)
describe in detail the services provided, including time and materials, and (2)
specify each staff member who has provided services and the number of hours
assigned to each such staff member. Such invoice shall contain a certification by a
principal member of Consultant specifying that the payment requested is for work
performed in accordance with the terms of this Agreement. City will pay
Consultant for all expenses stated thereon which are approved by City pursuant to
this Agreement no later than thirty (30) days after invoices are received by the
City's Finance Department.
Last revised 7-3-12 3
►. , 039
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in
Exhibit C (the "Schedule of Performance"). Extensions to the time period specified
in the Schedule of Performance may be approved in writing by the Contract Officer.
3.3 Force Majeure. The time period specified in the Schedule of Performance
for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control
and without the fault or negligence of Consultant, including, but not restricted to,
acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargoes, acts of any governmental agency
other than City, and unusually severe weather, if Consultant shall within ten (10)
days of the 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 March 5, 2013
and terminate on October 30, 2013 (initial term). This agreement may be extended
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. Chris Mills, Prest Vuksic Architects
b. Ralph Raya, MRC Engineering
C. Julian De LaTorre, MSA Consulting
Lut revised 7-3-12 4
" 040
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing principals were a substantial inducement for City to
enter into this Agreement. Therefore, the foregoing principals shall be responsible
during the term of this Agreement for directing all activities of Consultant and
devoting sufficient time to personally supervise the services hereunder.
The foregoing principals may not be changed by Consultant and no other
personnel may be assigned to perform the service required hereunder without the
express written approval of City.
4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson,
P.E., Public Works Director/City Engineer or such other person as may be
designated by the City Manager of City. It shall be Consultant's responsibility to
assure that the Contract Officer is kept informed of the progress of the
performance of the services and Consultant shall refer any decisions, which must
be made by City to the Contract Officer. Unless otherwise specified herein, any
approval of City required hereunder shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees
were a substantial inducement for City_ to enter into this Agreement. Except as set
forth in this Agreement, Consultant shall not contract with any other entity to
perform in whole or in part the services required hereunder without the express
written approval of City. In addition, neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior
written approval of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode or means by which Consultant, its agents or
employees, perform the services required herein, except as otherwise set forth.
Consultant shall perform all services required herein as an independent contractor
of City and shall remain at all times as to City a wholly independent contractor with
only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents
or employees of City.
4.5 City Cooperation. City shall provide Consultant with any plans,
publications, reports, statistics, records or other data or information pertinent to
services to be performed hereunder which are reasonably available to Consultant
only from or through action by City.
Last revised 7-3-12 5
ro.. ' .. 041
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
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-:Vl:
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
Last revised 7-3-12 6
m_., 042
primary for losses arising out of Consultant's performance hereunder and neither
City nor its insurers shall be required to contribute to such loss. .
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts,
errors or omissions of the consultant and "Covered Professional Services" as
designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 per claim and in the
aggregate. The policy must "pay on behalf of" the insured and must include a
provision establishing the insurer's duty to defend. The policy retroactive date shall
be on or before the effective date of this agreement.
Consultant shall carry Workers' Compensation Insurance in accordance with
State Worker's Compensation laws with employer's liability limits no less than
$1,000,000 per accident or disease.
All insurance required by this Section shall be kept in effect during the term of
this Agreement and shall not be cancelable without written notice to City of
proposed cancellation. The procuring of such insurance or the delivery of policies
or certificates evidencing the same shall not be construed as a limitation of
Consultant's obligation to indemnify City, its officers, employees, contractors,
subcontractors, or agents.
5.2 Remedies. In addition to any other remedies City may have if Consultant
fails to provide or maintain any insurance policies or policy endorsements to the
extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Consultant to stop work under this Agreement and/or
withhold any payment(s) which become due to Consultant hereunder until
Consultant demonstrates compliance with the requirements hereof.
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.
Last revised 7-3-12 7
043
5.3 General Conditions pertaining to provisions of insurance coverage by
Consultant. Consultant and City agree to the following with respect to insurance
provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Consultant, or Consultant's employees, or agents, from
waiving the right of subrogation prior to a loss. Consultant agrees to waive
subrogation rights against City regardless of the applicability of any insurance
proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and
available or applicable to this agreement are intended to apply to the full extent of
the. policies. Nothing contained in this Agreement or any other agreement relating
to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that has
not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would
serve to eliminate so-called "third party action over" claims, including any exclusion
for bodily injury to an employee of the insured or of any contractor or
subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises.
Consultant shall not, make any reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discovery period) that may affect City's
protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Consultant's general liability policy, shall be
delivered to City at or prior to the execution of this Agreement. In the event such
proof of any insurance is not delivered as required, or in the event such insurance is
canceled at any time and no replacement coverage is provided, City has the right,
but not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other agreement and to pay the premium. Any premium so paid
Last revised 7-3-12 8
044
by City shall be charged to and promptly paid by Consultant or deducted from
sums due Consultant, at City option.
8. It is acknowledged by the parties of this agreement that all
insurance coverage required to be provided by Consultant or any subcontractor, is
intended to apply first and on a primary, non-contributing basis in relation to any
other insurance or self insurance available to City.
9. Consultant agrees to ensure that subcontractors, and any other
party involved with the project that is brought onto or involved in the project by
Consultant, provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements
with subcontractors and others engaged in the project will be submitted to City for
review.
10. Consultant agrees not to self -insure or to use any self -insured
retentions or deductibles on any portion of the insurance required herein (with the
exception of professional liability coverage, if required) and further agrees that it
will not allow any contractor, subcontractor, Architect, Engineer or other entity or
person in any way involved in the performance of work on the project
contemplated by this agreement to self -insure its obligations to City. If
Consultant's existing coverage includes a deductible or self -insured retention, the
deductible or self -insured retention must be declared to the City. At that time the
City shall review options with the Consultant, which may include reduction or
elimination of the deductible or self -insured retention, substitution of other
coverage, or other solutions.
11. The City reserves the right at any time during the term of the
contract to change the amounts and types of insurance required by giving the
Consultant ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Consultant, the City will
negotiate additional compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement
will be deemed to have been executed immediately upon any party hereto taking
any steps that can be deemed to be in furtherance of or towards performance of
this Agreement.
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.
Last revised 7-3-12 9
__, C 4 5
14. Consultant will renew the required coverage annually as long as
City, or its employees or agents face an exposure from operations of any type
pursuant to this agreement. This obligation applies whether or not the agreement
is canceled or terminated for any reason. Termination of this obligation is not
effective until City executes a written statement to that effect.
15. Consultant shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such coverage
has been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to City within five (5)
days of the expiration of coverages.
16. The provisions of any workers' compensation or similar act will not
limit the obligations of Consultant under this agreement. Consultant expressly
agrees not to use any statutory immunity defenses under such laws with respect to
City, its employees, officials and agents.
17. Requirements of specific coverage features or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or
insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and
distinct from any other provision in this agreement and are intended by the parties
here to be interpreted as such.
19. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Section.
20. Consultant agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge
City or Consultant for the cost of additional insurance coverage required by this
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.
Last ovised 7-3-12
10
..,s . C46
21. Consultant agrees to provide immediate notice to City of any claim
or loss against Consultant arising out of the work performed under this agreement.
City assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve City.
6.0 INDEMNIFICATION.
6.1 General Indemnification Provision.
a. Indemnification for Professional Liability. When the law establishes
a professional standard of care for Consultant's Services, to the fullest extent
permitted by law, Consultant shall indemnify, protect, defend and hold harmless
City and any and all of its officials, employees and agents ("Indemnified Parties")
from and against any and all claims, losses, liabilities of every kind, nature and
description, damages, injury (including, without limitation, injury to or death of an
employee of Consultant or subconsultants), costs and expenses of any kind,
whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees
of expert consultants or expert witnesses incurred in connection therewith and
costs of investigation, to the extent same are 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.
Last revised 7-3-12 1 I
b_� . 047
6.2 Standard Indemnification Provisions. Consultant agrees to obtain
executed indemnity agreements with provisions identical to those set forth herein
this section from each and every subconsultant or any other person or entity
involved by, for, with or on behalf of Consultant in the performance of this
agreement. In the event Consultant fails to obtain such indemnity obligations from
others as required herein, Consultant agrees to be fully responsible according to the
terms of this section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set
forth herein is binding on the successors, assigns or heirs of Consultant and shall
survive the termination of this agreement or this section.
a. Indemnity Provisions for Contracts Related to Construction.
Without affecting the rights of City under any provision of this agreement,
Consultant shall not be required to indemnify and hold harmless City for liability
attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of
competent jurisdiction. In instances where City is shown to have been actively
negligent and where City's active negligence accounts for only a percentage of the
liability involved, the obligation of Consultant will be for that entire portion or
percentage of liability not attributable to the active negligence of City.
b. Indemnification Provision for Design Professionals
1. Applicability of Section 6.2(b). Notwithstanding Section
6.2(a) hereinabove, the following indemnification provision shall apply to
Consultants who constitute "design professionals" as the term is defined in
paragraph 3 below.
2. Scope of Indemnification. To the fullest extent permitted by
law, Consultant shall indemnify, defend, and hold harmless City and City's agents,
officers, officials, employees, representatives, and departments ("Indemnified
Parties") from and against any and all claims, losses, liabilities of every kind, nature
and description, damages, injury (including, without limitation, injury to or death of
an employee of Consultant or subconsultants), costs and expenses of any kind,
whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees
of expert consultants or expert witnesses incurred in connection therewith and
costs of investigation, that arise out of, pertain to, or relate to, directly or
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.
Las[ revised 7-3-12 12
��i
3. Design Professional Defined. As used in this Section 6.21b1,
the term "design professional" shall be limited to licensed architects, registered
professional engineers, licensed professional land surveyors and landscape
architects, all as defined under current law, and as may be amended from time to
time by Civil Code § 2782.8.
7.0 RECORDS AND REPORTS.
7.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning Consultant's performance of the services required
by this Agreement as the Contract Officer shall require.
7.2 Records. Consultant shall keep such books and records as shall be
necessary to perform the services required by this Agreement and enable the
Contract Officer to evaluate the cost and the performance of such services. Books
and records pertaining to costs shall be kept and prepared in accordance with
generally accepted accounting principals. The Contract Officer shall have full and
free access to such books and records at all reasonable times, including the right to
inspect, copy, audit, and make records and transcripts from such records.
7.3 Ownership of Documents. Originals of all drawings, specifications,
reports, records, documents and other materials, whether in hard copy or electronic
form, which are prepared by Consultant, its employees, subcontractors and.agents
in the performance of this Agreement, shall be the property of City and shall be
delivered to City upon termination of this Agreement or upon the earlier request of
the Contract Officer, and Consultant shall have no claim for further employment or
additional compensation as a result of the exercise by City of its full rights of
ownership of the documents and materials hereunder. Consultant shall cause all
subcontractors to assign to City any documents or materials prepared by them, and
in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages suffered thereby.
In the event City or any person, firm or corporation authorized by City reuses
said documents and materials without written verification or adaptation by
Consultant for the specific purpose intended and causes to be made or makes any
changes or alterations in said documents and materials, City hereby releases,
discharges, and exonerates Consultant from liability resulting from said change.
The provisions of this clause shall survive the completion of this Contract and shall
thereafter remain in full force and effect.
Last revised 7-3-12 13
049
7.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of
services under this Agreement shall not be released publicly without the prior
written approval of the Contract Officer or as required by law. Consultant shall not
disclose to any other entity or person any information regarding the activities of
City, except as required by law or as authorized by City.
8.0 ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising
out of or in relation to this Agreement shall be instituted in the Superior Court of
the County of Riverside, State of California, or any other appropriate court in such
county, and Consultant covenants and agrees to submit to the personal jurisdiction
of such court in the event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by
submitting a claim therefore. The injured party shall continue performing its
obligations hereunder so long as the injuring party commences to cure such default
within ten (10) days of service.of such notice and completes the cure of such
default within forty-five (45) days after service of the notice, or such longer period
as may be permitted by the Contract Officer; provided that if the default is an
immediate danger to the health, safety and general welfare, City may take such
immediate action as City deems warranted. Compliance with the provisions of this
section shall be a condition precedent to termination of this Agreement for cause
and to any legal action, and such compliance shall not be a waiver of any party's
right to take legal action in the event that the dispute is not cured, provided that
nothing herein shall limit City's right to terminate this Agreement without cause
pursuant to Section 8.7.
8.3 Retention of Funds. City may withhold from any monies payable to
Consultant sufficient funds to compensate City for any losses, costs; liabilities, or
damages it reasonably believes were suffered by City due to the default of
Consultant in the performance of the services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of a
non defaulting party on any default shall impair such right or remedy or be
construed as a waiver. City's consent or approval of any act by Consultant
requiring City's consent or approval shall not be deemed to waive or render
unnecessary City's consent to or approval of any subsequent act of Consultant.
Any waiver by either party of any default must be in writing and shall not be a
Last revised 7-3-12 14
:��� C50
waiver of any other default concerning the same or any other provision of this
Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and
remedies of the parties are cumulative and the exercise by either party of one or
more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other
default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either party
may take legal action, at law or at equity, to cure, correct or remedy any default,
to recover damages for any default, to compel specific performance of this
Agreement, to obtain injunctive relief, or to obtain any other remedy consistent
with the purposes of this Agreement.
8.7 Termination Prior To Expiration Of Term. This section shall govern any
termination of this Agreement, except as specifically provided in the following
Section 8.8 for termination for cause. City reserves the right to terminate this
Agreement at any time, with or without cause, upon thirty (30) days' written
notice to Consultant. Upon receipt of any notice of termination, Consultant shall
immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Consultant shall be entitled to compensation for
all services rendered prior to receipt of the notice of termination and for any
services authorized by the Contract Officer thereafter in accordance with the
Schedule of Compensation or such as may be approved by the Contract Officer,
except as provided in Section 8.3.
8.8 Termination for Default of Consultant. If termination is due to the failure
of Consultant to fulfill its obligations under this Agreement, City may, after
compliance with the provisions of Section 8.2, take over work and prosecute the
same to completion by contract or otherwise, and Consultant shall be liable to the
extent that the total cost for completion of the services required hereunder exceeds
the compensation herein stipulated (provided that City shall use reasonable efforts
to mitigate such damages), and City may withhold any payments to Consultant for
the purpose of setoff or partial payment of the amounts owed City as previously
stated in Section 8.3.
8.9 Attorneys' Fees. If either party commences an action against the other
party arising out of or in connection with this Agreement, the prevailing party shall
be entitled to recover reasonable attorneys' fees and costs of suit from the losing
party.
Last revised 7-3-12 15
•. _ 051
9.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non -liability of City Officers and Employees. No officer or employee of
City shall be personally liable to Consultant, or any successor in interest, in the
event or any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this
Agreement.
9.2 Conflict of Interest. .No officer or employee of City shall have any
personal interest, direct or indirect, in this Agreement nor shall any such officer or
employee participate in any decision relating to the Agreement which affects his or
her personal interest or the interest of any corporation, partnership or association in
which she or he is, directly or indirectly, interested, in violation of any State statute
or regulation. Consultant warrants that it has not paid or given and will not pay or
give any third party any money or general consideration for obtaining this
Agreement.
9.3 Covenant against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them,
that there shall be no discrimination against or segregation of, any person or group
of persons on account of race, color, creed, religion, sex, marital status, national
origin or ancestry in the performance of this Agreement. Consultant shall take
affirmative action to insure that applicants are employed and that employees are
treated during employment without regard to their race, color, creed, religion, sex,
marital status, national origin or ancestry.
10.0 MISCELLANEOUS PROVISIONS
10.1 Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give the other party or any other person shall
be in writing and either served personally or sent by prepaid, first-class mail to the
address set forth below. Either party may change its address by notifying the other
party of the change of address in writing. Notice shall be deemed communicated
forty-eight (48) hours from the time of mailing if mailed as provided in this section.
To City:
CITY OF LA QUINTA
Attention: Frank Spevacek,
City Manager
78-495 Calle Tampico
P.O. Box 1504
La Quinta, California 92247-1504
Last revised 7-3-12
16
To Consultant:
Prest Vuksic Architects
Attention: David G. Prest, AIA
Principal
44530 San Pablo Avenue, Suite 200
Palm Desert, CA 92260
.�.� C52
10.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and all previous understanding, negotiations and agreements are
integrated into and superseded by this Agreement.
10.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing signed by both parties.
10.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable by a valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the
intent of the parties hereunder.
10.5 Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by so executing this Agreement the parties hereto
are formally bound to the provisions of this Agreement.
(The remainder of this page intentionally left blank)
Last revised 7-3-12 17
.n..' C 5.3
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, City Clerk
APPROVED AS TO FORM:
Katherine Jenson, City Attorney
PRIEST VUKSIC ARCHITECTS
By:
Name: DbvidtG. Prest, AIA
Title: Principal
Date: 2oZ O
Las[ revised 7-3-12 18
Date
054
Exhibit A
Scope of Services
Consultant's scope of work to related to the Preparation of the Plans,
Specifications, and Engineer's Estimate (PS&E) for the Sports Complex Lighting and
Rehabilitation and Expansion, Project No. 2012-02 is attached and made a part of
this agreement.
Last revised 7-3-12 19
055
March 6, 2013
PREST VUKSIC
A R C H I T E C T S
SCOPE OF WORK
PROJECT. CITY OF LA QUINTA
SPORTS COMPLEX LIGHTING REHABILITAION & EXPANSION
The following represents the Scope of Services to be provided for this project
1. Prepare the environmental document to comply with the requirements of the California
Environmental Quality Act (CEQA(.
2. Perform field survey of the existing facility and the area for expansion and prepare an
AutoCAD base map. The base map will include all visible structures and show
approximate locations of underground conduits and piping. (The final construction
documents will require the contractor to provide pot holes at all critical locations prior to
proceeding with work(.
3. Coordinate with the local utility company on locations of existing structures and existing
power capacities to insure the new expansion loads can be added to the existing
electrical service.
4. Provide field investigation and provide a set of existing as -built drawings depicting the
existing conditions.
5. Provide project cover sheet that includes construction notes, project locations, list of codes,
vicinity map etc.
6. Provide an overall site plan illustrating the project requirements and required for submittal to
the Division of the State Architect (DSA(.
7. Prepare the electrical and lighting construction documents that illustrate the new electrical
wiring to the existing lighting system and new lighting in the expansion area.
8. Provide individual controls for each defined field using the existing Musco control system
with modifications required for upgrades and new loads.
9. Provide new point by point photometric plans illustrating the on -site and off -site illumination
calculations.
10. Prepare the project specifications the will include a detailed project description,
preparation of a bid schedule, special provisions, technical specifications DSA
requirements including a third party inspection requirements for the electrical upgrades
of the existing facility and new expansion work.
11. Assist the City of La Quinta with the preparation of the project Bid Documents.
12. Provide an engineers cost estimate for the complete project.
44530 SAN PABLO AVE SUITE 200 PALM DESERT CA 92260 T . 760 779 5393 F . 760 779 5395
„ :14 0156
December 19, 2012
PREST VUKSIC
A R C H I T E C T S
SCOPE OF WORK
Continued
PROJECT: CITY OF LA QUINTA
SPORTS COMPLEX LIGHTING REHABILITAION & EXPANSION
13. Provide three (3( project coordination meetings with the City of La Quinta and Desert
Sands Unified School District (DSUSD(. These meeting will include pre -design meetings,
progress meetings and final review meeting.
14. Attend up to Two (2( community meetings and up to (2( City of La Quinta City Council
meetings and/or DSUSD Board meetings.
15. Provide project submittals to the City of La Quinta and DSUSD all plans, specifications and
cost estimates required for review and approval. These submittals will include the
following;
a. Concept review
b. 85-90% Plan Check & Specifications
c. 100% Plan Check & Specifications — the approved plans shall be submitted to DSA for
their review by the project architect and shall include all activities required to secure
approval including obtaining the DSA tracking number and making all requested plan
changes to secure final approval.
d. DSA approved plans shall be submitted to the City of La Quinta City Council for
approval prior to advertising for bid.
e. All final approved plans will be provided to the City of La Quinta on disk in AutoCAD
2008 or higher along with "D" size Mylar's of all drawing documents. Project
specifications and cost estimates shall be provided on disk in Word and Excel format.
16. Attend a Pre -Bid mandatoryjob walk meeting to review and describe the project and bid
requirements with the City of La Quinta.
17. Respond to all pre -bid request for information (RFI( questions from the bidders during the
bid process.
18. During the construction phase the consultant shall visit the project site three (3( times
during construction to review progress of the work and provide clarification to questions
submitted as request for information (RFI( during construction.
19. Provide a final inspection at the end of the project during working hours and at night
with the contractor in attendance to inspect the final lighting system in operation.
20. Provide a final job walk report illustrating the findings during the day -time and
noght0time job walk.
44530 SAN PABLO AVE SUITE 200 PALM DESERT CA 92260 T . 760 779 5393 F .760 779 5395
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 Fifty Nine Thousand, One Hundred Fifty Seven
Dollars. ($59,157.O0) ("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.
e
Last revised 7-3-12 20
.r,.'s .. C 5 8
J
O
N
O
O
O
S
O
O
S
O
O
O
O
O
O
O
O
O
N
a
n
yS�
V
T
S
Omi
pO
01
S
O
S
pO
Of
m
O
'
'
mO
oO
m
S
S
N
O
ON
F
m
m
O
n
N
N
m
N
m
W
N
N
N
Y
N
N
OI
m
N
m
m
O
Y
mN
J
N
WO
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
o
O
O
O
O
O
O
O
S
O
O
O Z
O
O
O
O
O
O
O
O
O
O
O
10
O
O
O
O
O
O
N
1O�
ry
F
N
11YLL a
m
_z
zF
E N
N
Q
❑ w
O
O
O
O
O
O
O
O
O
O
O
O
O
S
O
O
S
O
O
8
S
O
S
O
S
OO
O
00
O
O
O
O
O
O
O
O
S
O
S
O
S
O
S
O
J
O
m
N
O
N
Y
ON
4
N
d
N
F F 1
N
M
N
d
Z Z f W
h0J
g
e6
WMWU'
»
Q > Z F
zgLL
a❑
z
o
O
0
o
0
0
0
0
o
0
g
o
o
S
S
g
S
g
o
0
0
0
0
o
g
g
o0
oU_
❑ m J
S
pO
O
o
'O
8
00
O
10
O
OO
OO
C
p
O
O
O
OO
OO
G
C
eeO
Z❑ z
W ❑ Z m
m
U O Z
N
W
irc&zg
wwz
mwz
W❑ � W
n
I
O
m
N
O
m
m
d
O
S
O
O
O
O
O
O
O
O
O
O
O
O
m
N
b
S
S
O
O
S
S
O
S
O
O
O
S
S
O
S
S
O
O
O
S
S
p
N
J
W W J �
YI
S
ur
O
O
m
O
m
N
O
m
OO
d
O
n
OO
a
8i
O
m
O
m
OO
O
m
O
m
O
m
O
m
8
O
^
tJ
W n
N
N
N_
N
N
O
N
n
n
ry
m
m
m
N
N
N
N
m
N
O
m
O
o Z z W
Q W Q Kw
N
Z
W mm m y Z
n
d
r�o 7
»
ww0
> w O W
2 r
W
n
d
N
m
m m O w
an ¢
S
O
N
n
N
m
N
d
d
O
d
d
d
Y
N
S
a
¢
g
0
0
o
S
o
o
S
g
g
0
0
o
S
o
0
o
g
o0
e
m
p
o
n
o
0
M
o
o
m
o
0
vmi
.
o
o
c
p
c
iW
2
N
J O U
N z W
m
U OF
ZUQ
m
i p
❑
z
O
U
z
O
LL
u
ry
~
Q
m
R
z
O
U
m
Z
O
J.
w
w
J
6
LL
a
Q
-
z
g
w
0
a
a
m
J
aN
i
N
O
a
❑
F
zW
z
g
OO
❑
m>
J
w
Q
W
Q
❑H
❑
tt
,
U
U
O
f
z
U
O
O
i
❑
xWW
z
w
LL
z
U
❑=
U
Qk
m
O�
U
°
w
�
a
a
❑
U
U
m
oU
O
Lu
2
K
U
K
0
0
K
U
U
2
Z
Z
Z
J
O
K
j
6
<QOW
K
W
W
Z
m
O U
<
❑
1
i
W
LL
Q
U
J
U
F
F
n
F
m
❑
m
Q
cr�
O
W
W
W
O
N
w
W
Q
N
J
2
J
K
m
W
W
W
w
N
❑
O
W
Q
d
U
LL
m
R
m
d'
m
❑
W
N
6
W
m
m
f
i
f
i
❑
m
U
K
H
,. ; . 059
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
..11". � 060
�F
,€
Ig
{
... .....
...... .......
F
:e.
,1.
,c.
to
;e
I I
-
C
__ _
___
__ _I
_._ ___
Exhibit D
Special Requirements
None.
Lut revised 7-3-12 22
am• �
CITY / SA / HA / FA MEETING DATE: March 5, 2013 AGENDA CATEGORY:
BUSINESS SESSION: _
ITEM TITLE: Excuse Vice Chairman Robert Wight's CONSENT CALENDAR:
Absence from the February 12, 2013, Planning
Commission Meeting STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve a request from Vice Chairman Robert Wright to be excused from the
February 12, 2013, Planning Commission meeting.
BACKGROUND/ANALYSIS:
Vice Chairman Wright requested to be excused from the February 12, 2013,
Planning Commission meeting (Attachment 1). La Quinta Municipal Code Section
2.06.020(B) allows a member to be absent from two consecutive regular meetings
or three scheduled meetings within a fiscal year without causing his/her office to
become vacant. A request may be made for Council to excuse an absence after -
the -fact, for extenuating circumstances, and the absence would then not be
counted toward the limitation on absences. Vice Chairman Wright has had no
other absences during this fiscal year and staff recommends his absence be
excused by Council.
ALTERNATIVES:
Deny Vice Chairman Wright's request to be excused. Denial of the request would
result in the absence being counted toward his limitation on absences as noted
above.
063
, Community Development Director
Attachment: 1. Request from Vice Chairman Wright
F,, l 064
Monika Radeva
Sent: Tuesday, Tuesday February 26,2101377:56AMn.net>
S pTTA�HMENT # I
To: Monika Radeva M
Subject: Re: Request to Execuse an Absence
Monika,
I am asking to be excused from missing the last Planning Commission meeting. I have been recovering from double
pneumonia and an eight day stint in the hospital. I will be attending the next scheduled meeting.
Bob Wright
Sent from my iPhone
n.._:.:. 065
AGENDA CATEGORY:
CITY/SA/HA/FA MEETING DATE: March 5, 2013 BUSINESS SESSION: /
ITEM TITLE: Second Round Community Services CONSENT CALENDAR:
Grants and Funding Requests STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve funding for the following
Family YMCA of the Desert for $3,000;
Desert ARC for $2,060;
Hidden Harvest for $2,000;
Benjamin Franklin Elementaryi PTO for $2,000;
Stroke Recovery Center for $1,000;
Blackhawk Forensics for $1,000;
Blood Bank of San Bernardino and Riverside Counties for $1,000;
First Composite Group Association for $1,000;
Gems of the Desert for $1,000;
ACT for MS for $1,000; j
Tools For Tomorrow for $500.
EXECUTIVE SUMMARY:
The Ad Hoc Committee (Mayor Adolph and Council Member Osborne) reviewed
sixteen Community Services Grant applications from eligible 501(c)3 non-profit
organizations. The City Council may approve or modify the Ad Hoc Committee's
recommendations. Staff recommends that the City Council approve the Ad Hoc
Committee's recommendations.
FISCAL IMPACT:
The City Council budgeted $37,450 for community services grants. City Council
awarded $19,100 in the first round, leaving $18,350 in the Special Project
Contingency account for future grant applications. The City received $79,670 in
grant requests this second round. The Ad Hoc Committee is recommending
funding $15,500 to 11 non-profit organizations.
C66
BACKGROUND/ANALYSIS:
Grant Guidelines (Attachment 1) specify that only 501(03 non-profit organizations
are eligible to apply, are limited to $5,000 per request, and cannot receive
consecutive fiscal year funding. The exception to consecutive fiscal year funding is
funding requests for City facility rental fees.
The following table summarizes the requests and Ad Hoc Committee's
recommendation for this second round:
Applicant
Applied
Committee
Recommendation
Family YMCA of the Desert
$5,000
$3,000
Desert ARC
$5,000
$2,000
Hidden Harvest
$5,000
$2,000
Benjamin Franklin Elementary PTO
$2,000
$2,000
Stroke Recovery Center
$5,000
$1,000
Blackhawk Forensics
$2,000
$1,000
Blood Bank of San Bernardino and Riverside
Counties
$3,670
$1,000
First Composite Group Association
$2,000
$1,000
Gems of the Desert
$5,000
$1,000
ACT for MS
$5,000
$1,000
Tools For Tomorrow
$5,000
$500
FIND Food Bank
$5,000
$0
Coachella Valley Volunteers in Medicine
$5,000
$0
Galilee Center
$5,000
$0
Birth Choice of the Desert
$5,000
$0
Sea & Desert interpretive Association
$15,000
$0
Total
$79,670
$15,500
Recommended Grant Requests:
1. The Family YMCA of the Desert requested $5,000 to provide free swim
lessons for both children and adults who reside in La Quinta. Swim classes
will be offered at the Fritz Burns Pool in summer 2013. This organization
was last funded $5,000 in Fiscal Year 2010/2011. The Ad Hoc Committee
recommended funding $3,000.
2. Desert ARC is requesting $5,000 to purchase 55-gallon water storage drums
to ensure a 3-day supply of potable water is available for their staff and all
clients with developmental disabilities as part of their Emergency
Preparedness Program. Through the implementation of the agency -wide
emergency preparedness plan, clients practice through assimilated situations
and repetitive drills to prepare for all disasters and to learn what is required
�� C67
to stay safe. This organization was last funded $1,500 in Fiscal Year
2009/2010. The Ad Hoc Committee recommended funding $2,000.
3. Hidden Harvest is requesting $5,000 to support their Senior Farmers Market
project, which takes fresh and healthy produce directly to low-income seniors
where they live. Funding for this project would help defray costs of
transporting produce and help purchase produce wholesale when Coachella
Valley fields are fallow. A free mini produce market specifically for low-
income seniors is held twice a month in La Quinta. This organization has
never been funded. The Ad Hoc Committee recommended funding $2,000.
4. Benjamin Franklin Elementary PTO is requesting $2,000 to pay facility rental
fees for usage of the Senior Center for a silent auction fundraiser to benefit
the Spanish, Arts, and Science programs and to help pay for the International
Baccalaureate fees for the school. This organization was last funded $2,000
for facility rental fees in Fiscal Year 201 1 /2012. The Ad Hoc Committee
recommended funding $2,000 for Senior Center facility rental fees.
5. The Stroke Recovery Center is requesting $5,000 to be used for general
support of their professionally trained staff to assist clients in exercise,
recreational, speech and socialization therapies to improve daily living skills.
Stroke Recovery Center's non -clinical comprehensive rehabilitation programs
address the physical, cognitive, and socialization needs of impaired stroke
survivors. This organization was last funded $1,000 in Fiscal Year
2010/2011. The Ad Hoc Committee recommended funding $1,000.
6. The La Quinta High School Blackhawk Forensics team is requesting $2,000
to sponsor the debate team's transportation, training materials, and
tournament costs. This school organization was last funded $1,000 in Fiscal
Year 2010/2011. The Ad -Hoc Committee recommended funding $1,000.
7. The Blood Bank of San Bernardino and Riverside Counties is requesting
$3,670 to purchase 1,000 EldonCard blood typing kits. The blood type
testing kits will be used for new donors, targeting high school and college
donors, with the goal of identifying and increasing O negative blood donors
in the Coachella Valley. This organization (LifeStream) was last funded
$2,000 in Fiscal Year 2008/2009. The Ad Hoc Committee recommended
funding $1,000.
8. The First Composite Group Association is requesting $2,000 to fund the
operation of their mobile educational museum. Their mobile exhibit travels
and teaches WWII history to local schools, libraries, special events, and air
shows. Funding would be used to print educational curriculum and to
maintain their mobile education center. This organization was last funded
$2,000 in Fiscal Year 2010/2011. The Ad Hoc Committee recommended
funding $1,000.
F :. C68
9. The Gems of the Desert (City of Hope) is requesting $5,000 to support
research in the areas of cancer and diabetes and to provide treatment options
for residents of La Quinta and the Coachella Valley. The Gems of the Desert
is one of City of Hope's fundraising chapters comprised of residents living in
La Quinta. This organization was last funded $1,000 in Fiscal Year
2008/2009. The Ad Hoc Committee recommended funding $1,000.
10. ACT for MS is requesting $5,000 to support their Enhanced Strength
Training, Flexibility and Circulation Improvement Project. This project is
based on the latest medical knowledge about Multiple Sclerosis and relies
only on medically recognized non-invasive methods of managing the disease.
This tested program model helps keep individuals living with MS healthier,
more mobile, and out of hospitals and nursing facilities. This organization
was last funded $2,000 in Fiscal Year 2010/2011. The Ad Hoc Committee
recommended funding $1,000.
11. Tools for Tomorrow is requesting $5,000 to keep their current programs
running in all the schools they currently serve, but primarily to support the
program at Harry S. Truman Elementary in La Quinta. It costs $8,500 per
year per school to provide direct services to children including teachers,
supplies, materials, musical instruments, books, and snacks. This
organization provides a free after school integrated art -literacy program for
at -risk elementary school children in grades 3 to 5. This organization was
last funded $2,000 in Fiscal Year 2010/2011. The Ad Hoc Committee
recommended funding $500.
Grant Requests not recommended for funding and/or did not meet the criteria in the
Grant Guidelines include:
12. FIND Food Bank is requesting $5,000 to support their Kids Summer Feeding
program. This program is aimed at filling the summer -meals void many
children from low-income families experience. Children participating in the
Kids Summer Feeding program will have access to fresh fruits such as
nectarines, plums, pears, apples, and strawberries, in addition to other non -
produce items. This organization was last funded $5,000 in Fiscal Year
2011/2012. The Ad Hoc Committee did not recommend funding because
this organization was funded last fiscal year.
13. The Coachella Valley Volunteers in Medicine (CVVIM) is requesting $5,000
to offset operating costs of the CVVIM clinic. The CVVIM clinic is the only
free clinic in the Coachella Valley that offers both medical and dental services
to low-income, uninsured individuals and families. CVVIM receives no
governmental reimbursement and relies exclusively on grants and donations
for operating funds. This organization has never been funded.
14. The Galilee Center is requesting $5,000 to assist with food distribution
program costs. The Galilee Center is located in Thermal and serves the 069
needs of the underprivileged farm workers and economically disadvantaged
families in the Eastern Coachella Valley by providing them with weekly food
baskets. The Galilee Center is the only food distribution site located in
Thermal close to the farm worker clients in need. This organization has
never been funded.
15. Birth Choice of the Desert is requesting $5,000 to fund and expand their
Teen Outreach Program into La Quinta. Birth Choice of the Desert is a
pregnancy resource center that provides assistance, information, education,
and support services to teenage girls and young women in the Coachella
Valley. Their Teen Outreach Program covers teen health topics such as
prevention of teen pregnancy. This organization has never been funded.
16. The Sea & Desert Interpretive Association is requesting $15,000 to be used
for operational expenses including the Interpretive Program. Operational
expenses include staff salaries, administrative costs, maintenance, and
purchasing interpretive materials such as new audio visual equipment, an
outside screened in area for evening programs and Jr. Ranger programs, van
rental to transport underserved community children to interpretive programs,
and repairs to the campfire center and interpretive signage. This organization
has never been funded.
All grant applications are available for review in the Community Services
Department.
ALTERNATIVES:
Approve funding per Grant Guidelines for any or all grant applications received.
COMMISSIONS/BOARD/COMMITTEE RECOMMENDATIONS:
All grant funding recommendations stated in this report were executed by the Ad
Hoc Committee comprised of Mayor Adolph and Council Member Osborne. The Ad
Hoc Committee will provide explanations for funding recommendations as needed.
Respectfully submitted,
A � 6
Edie Hylton
Community Services Director
Attachment: 1. City of La Quinta Grant Guidelines
�_, 070
ATTACHMENT 1
F 2
n N..
CE`k OFF
GRANT GUIDELINES
The City of La Quinta offers the Grant Program for Community Services Support and
Economic Development/Marketing and Sponsorships.
Community Services Grants go to recognized nonprofit organizations that benefit the
residents of La Quinta. Priority for funding is granted to organizations that directly benefit
La Quinta residents, second consideration is given to organizations that indirectly affect the
quality of life for the residents of La Quinta.
Economic Development Grants go to organizations that will help strengthen the business
community of La Quinta. Marketing and Sponsorship Grants go to organizations that would
benefit the City of La Quinta in a marketing capacity.
Individuals are not eligible for funding through the City of La Quinta Grant Program.
Organizations that receive Community Development Block Grants from the City of La
Quinta during the same fiscal year are not eligible for funding through the Community
Services Grant program.
Organizations that have been funded are ineligible for funding for the next fiscal year
Requests are limited to an amount not to exceed $5,000. A second tier is available for
Economic Development/Marketing requests above $5,000 (submission of a detailed
marketing/media plan is required in connection with these requests).
La Quinta service organizations may request funds to be applied directly to rental fees for
City facilities for consecutive years without the $5,000 funding limit.
Completed grant applications will be initially reviewed by a designated Grant Review
Committee who will then recommend consideration of approved grants to City Council. For
Economic Development/Marketing requests above $5,000, an in depth review will be
conducted by the La Quinta Marketing Committee.
Applications are due three weeks before the scheduled City Council meeting. Applicants
will be informed 1-2 weeks prior to the City Council meeting regarding the status of their
request.
Typed applications are preferred. Incomplete applications will be returned to the applicant.
Organizations requesting "seed" money are required to obtain matching funds from other
sources in the same fiscal year before Community Service Grant funds will be released.
For more information on the City of La Quinta Grant program, please contact the
Community Services Department at (760) 777-7090.
�r 071
CITY/SA/HA/FA MEETING DATE: March 5, 2013
ITEM TITLE: Video Broadcasting City Council
Meetings and Related Council Chamber
Improvements
RECOMMENDED ACTION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Provide direction regarding recording City Council meetings and posting them on
the City's website; replacing the Council Chamber sound walls; replacing the
Council Chamber seat fabric and carpeting; and purchasing and displaying local art
work on the back wall of the Council Chambers.
EXECUTIVE SUMMARY:
At the request of the City Council and residents, staff has been researching options
to video record City Council meetings, update the lighting and audio systems, and
refurbish the Council Chambers by replacing the acoustical wall paneling, the
carpeting and the seating upholstery, and placing local art on the back walls of the
Chamber. These improvements could be accomplished in the following manner:
• Undertake an easy -to -implement approach that would record the meetings
and link the recorded videos to the City's website. This method would
require no modifications to the Chambers but the video and audio quality
may be less desirable. A private vendor would be retained to provide this
service.
• Implement an improved video recording program that entails purchasing fixed
cameras and revise the sound system so that the video recorder could better
interface with the Council Chamber audio system. This option would
generate higher quality video and audio recordings. The City would purchase
and install the equipment, and could either use a private vendor or City staff
to record the meetings and link the recording to the City web site.
• Embark upon a long term refurbishment program wherein additional
improvements would be made in order to address items that are aging and
failing, and to refresh materials that are 20 years old. These improvements
would include replacing acoustical panels, upgrading lighting, upgrading the
sound system, replacing carpeting and upholstery, and adding artwork on"the 072
, .,
• back walls of the Council Chambers. These improvements would address
comments that staff has received from residents and Council regarding these
deficiencies.
FISCAL IMPACT:
The easy -to -implement option would cost, approximately, up to $1,000 per
meeting with a total cost of $7,000 to record all of the City Council meetings
scheduled for the rest of this fiscal year. The annual cost to record all Council
meetings would be approximately $25,000. These expenses could be paid out of
the Civic Center Building and Maintenance Budget. The annual cost for an
improved recording option would be $60,000. Included in this cost is the one-time
cost to purchase equipment and implement minor sound system improvements, and
operating costs associated with recording the meetings and uploading the
recordings to the City's web site.
Staff estimates that the cost to refurbish the Council Chambers would be
$205,669. These costs could be budgeted as a future capital improvement project
and paid for out of the City Equipment Replacement Funds. Funding is available in
the Art in Public Places Fund Account for the art work.
BACKGROUND/ANALYSIS:
On December 4, 2012, staff brought the Study Session item "Public, Educational,
and Government Cable Franchise Fee" forward for discussion. The report proposed
requesting Time Warner Cable and Verizon California to levy a 1 % fee on La Quinta
residents for system/building improvements and equipment to record City Council
meetings. The City Council expressed an interest in video recording the Council
meetings but to not impose the fee in order to fund the equipment purchase and
Council Chamber improvements. Staff was given direction to look into alternative
funding methods and to consult with local video production professionals.
Easy to Implement Approach
Staff then consulted with several local vendors who visited the Council Chambers
and presented options. The vendors were Orlando Sapido, Chip Miller, and
Fernando Zavala. All generally outlined the following approach:
• Use a single video camera on a tripod set in a fixed location with a camera
operator located near the camera for the duration of the meeting.
• Meeting audio will be recorded from the Chambers public address system by
connecting into the audio channel.
• Video will be uploaded to the City of La Quinta's website within 24 hours
after the meeting.
• Zooming and panning from person to person (may cause motion -blur during
transitions)•
-s. 073
The City could circulate a request for proposals to implement this option and secure
a private vendor to provide this service.
Improved Recording Approach
This approach would improve the quality of the video and adds the ability to index
the videos so they match the meeting agendas. The aspects of this approach
include:
• Three cameras mounted to interior walls of the Council Chambers and
updated video recording equipment.
A camera operator located inside the audio/visual room adjacent to Council
Chamber.
e Meeting audio will be recorded from the Chamber's public address system by
tapping into the audio channel in the production room.
• Video streamed live in real-time during meeting via internet; available on
City's website within four hours after conclusion of meeting. Video live
streaming could take place at no additional cost. The quality of the live
stream (to the recipient) would be dependent on the internet connection and
the equipment the end user is using.
• Video indexing along with meeting agenda to enable user to move to
sections of video that match agenda items.
• Zooming and panning with little motion -blur due to multiple camera angles.
In order to implement this approach, the City would need to purchase and mount
cameras, and determine if it is more cost effective to use City staff or a private
vendor to monitor and upload the recordings. Staff would also recommend that a
request for proposals be circulated if the Council elected this option.
Council Chamber Refurbishment
Staff has received City Council and resident comments about the declining quality
of the audio system, the video presentation system, the condition of the sound
walls (sagging materials)'and the worn look of the carpeting and chair upholstery.
As part of the research on the video recording aspect, staff also contacted vendors
to view the Council Chambers and provide cost estimates to address these
conditions. The Council Chambers have not been refreshed since they opened in
1993. Staff also explored the feasibility of hanging public artwork the back walls
in order to celebrate community virtues. These details include:
• Replacing the existing fabric sound walls that are over 20 years old. The
material on majority of these panels is detaching, particularly when the
humidity rises. Staff has obtained estimates from acoustic panel companies
for the removal of the existing sound panels and their replacement. This is
estimated at $76,764.
-.rl 074
• The high -traffic areas of the carpeting show signs of wear and fabric
matting. Estimates were obtained to provide a similar quality as the
carpeting; the estimated replacement cost is $35,980.
• The seat fabric shows signs of wear and damage. Estimates to re-cover
these seats in a similar quality, high durability fabric is $32,000.
• A series of eight framed canvas, panels could be added along the back wall of
the Council Chambers. The panels would be 4'x6' and could illustrate a
desert landscape. These are estimated to cost $19,200. '
ALTERNATIVES
The City Council could elect to just move forward to video record the Council
meetings using a private vendor and elect to purchase and install the better video
system at this time. Based upon the viewership, the Council could then elect to
invest in the better recording option if viewers demand better quality recordings.
Regarding the Chamber improvements, staff believes that at some point in the near
future the City will need to invest in refurbishing the Chambers. The Chambers
serve as a community gathering facility. They represent the community's collective
idea of how it sees itself. These improvements would reinforce the community's
quality image.
Respectfully submitted,
Edie Hylton
Community Services Director
„ 075
Department Report: !- A
/ 1
OF
Q
TO: The Honorable Mayor and Members of the City Cou .1
FROM: Les Johnson, Community Development Dire or
DATE: March 5, 2013
SUBJECT: Status of SilverRock Development Proposals
On January 31, letters were transmitted to each developer who previously
addressed City Council regarding SilverRock Resort development opportunities.
The letter outlined the City's interest in proceeding with a phased development
approach and its intent to select a developer for the first phase of development.
Four developers have expressed an interest in being considered for the project.
The four developers are:
• Beverly Park Development Group
• Discovery Land Company
• Meriwether Companies
• Plan B Resolution Advisors
Staff is currently reviewing the additional information provided by these developers
and will be conducting meetings with each of them this week and early next week.
Depending upon the outcome of the upcoming meetings, staff will report back to
City Council on either March 19 or April 2.
076
DEPARTMENT REPORT:
T4&t 4 e4&
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Edie Hylton, Community Services Direct
DATE: March 5, 2013
RE: La Quinta Arts Foundation Festival Patron Profile Study
As a condition of the La Quinta Arts Foundation (LOAF) Contract Services
Agreement, LOAF is required to complete a comprehensive report identifying the
economic impact of the La Quinta Arts Festival. LOAF is completing a Patron
Profile Study to identify these impacts. The cost for this in-depth study is being
paid in full by LOAF. Christi Salamone, Executive Director of LOAF, provided the
following outline of the schedule of the work to be performed, uses of the study,
and sample questions:
Patron Profile Study
LOAF is funding a Patron Profile Study, which will provide data well beyond the
scope of the contractual relationship with the City and is geared to assist in future
strategic and business planning efforts for LOAF. The survey is under final review
by LOAF and will be completed by patrons voluntarily on-line after the Festival.
The survey period will conclude at the end of March and a summary presentation
of results is anticipated eight weeks thereafter.
All information of interest to the City (and more) indicated in LOAF's Contract for
Services Agreement is part of the survey and includes questions (paraphrased)
along the lines of the following:
• Did you patronize any other La Quinta based business during the time you
were attending La Quinta Arts Festival?
• Specify the type of business you patronized during your visit to La Quinta
Arts Festival.
• Specify the total estimated amount spend locally during your visit; lodging,
dining, recreation, entertainment, events, shopping, gifts...
• Are you a full-time resident of La Quinta, part-time resident of La Quinta, full
or part-time resident in another Coachella Valley City, Visitor to the
Coachella Valley? 7
• If full time resident in another CV City, how often to do visit La Quinta?
• Where did you stay during your visit to La Quinta?
• What was your method of travel to La Quinta?
• What is your primary reason for visiting La Quinta?
• Did you participate in other activities while in La Quinta?
LOAF stated that it will share relevant data related to visitor origin and activity as
part of the annual report to the City.
The requested survey is part of an on -going effort to better identify the returns the
City receives from investing in community programs and events.. During the past
decade there has been considerable discussion regarding the value the City receives
from investing in service contracts with community organizations that sponsor
community events. In an effort to obtain data that may begin to identify the
benefits derived from these events, LOAF agreed to conduct this survey and share
the results as part of the services contract. Staff will be sharing this information
with the Council and the community upon receipt.
078
DEPARTMENT REPORT: 3'A
T4'�P44aw
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Robbeyn Bird, Finance Director Phi
DATE: March 5, 2013
SUBJECT: SilverRock Resort Budget Amendment Report
At the February 19, 2013 City Council meeting, the mid -year budget review
was presented to the City Council. As part of that presentation, a request
was made to appropriate an additional $20,000 to retrofit existing high
voltage boxes and connections on the the SilverRock golf course.
Councilmember Osborne suggested that staff should explore using available
resources from the SilverRock Capital Reserve fund. This fund is to be used
for capital equipment and replacement items costing at least $5,000. When
this item was first presented to the Finance Department, it was classified as
repair and maintenance. After further discussions with the Community
Services Director and Landmark personnel, staff determined that this request
qualified as an eligible capital expenditure and could be funded from the
SilverRock Capital Reserve fund. The balance in this fund is sufficient to
make the necessary improvements that are needed.
Staff is proceeding to make these repairs from the capital reserve fund.
n 079
CITY SA/HA/FA MEETING DATE: March 5, 2013
ITEM TITLE: Ordinance to Amend Title 9 (Zoning) of
the La Quinta Municipal Code Chapter 9.60.300
(Compatibility Review For Partially Developed
Subdivisions)
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
This item is being continued to the next regular scheduled City Council meeting on
March 19, 2013.
1:1