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2013 10 01 CCT4ht City Council agendas and staff reports are now available on the City's web page: www./a-quinta.org CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, OCTOBER 1, 2013 AT 4:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers 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 PAGE 1. COACHELLA VALLEY WATER DISTRICT - INFORMATION ABOUT CHROMIUM-6 IN DRINKING WATER 2. LIBRARY AND MUSEUM QUARTERLY REPORT FOR APRIL 6 THROUGH JUNE 2013 WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1 . MINUTES OF REGULAR MEETING OF SEPTEMBER 17, 2013 12 CITY COUNCIL AGENDA 1 OCTOBER 1, 2013 PAGE CONSENT CALENDAR 1. RESOLUTION AMENDING CITY'S FISCALLY RESPONSIBLE 18 REDUCTION PLAN TO COMPLY WITH INTERNAL REVENUE CODE REQUIREMENTS [RESOLUTION 2013-0461 2. EXCUSE BOARD MEMBER KEVIN McCUNE'S ABSENCE FROM 28 THE SEPTEMBER 18, 2013 ARCHITECTURAL AND LANDSCAPING REVIEW BOARD MEETING 3. EXCUSE BOARD MEMBER KURT MORTENSON'S ABSENCE 30 FROM THE SEPTEMBER 11, 2013 INVESTMENT ADVISORY BOARD MEETING 4. DENY CLAIM FOR DAMAGES FILED BY: CAROL BYERS; DATE 32 OF LOSS — MARCH 17, 2013 5. REJECT CLAIM - ARCH INSURANCE COMPANY VS. CITY OF LA 34 QUINTA; DATE OF LOSS - JULY 2, 2012 6. ACCEPT CITY HALL BUILDING HEATING, VENTILATION AND 36 AIR CONDITIONING SYSTEM 3 REPLACEMENT PROJECT 7. APPROVE DEMAND REGISTER DATED OCTOBER 1, 2013 38 8. AUTHORIZE OVERNIGHT TRAVEL FOR ASSISTANT TO THE 60 CITY MANAGER TO ATTEND THE 2013 CODE FOR AMERICA SUMMIT IN SAN FRANCISCO, CALIFORNIA, OCTOBER 15-17, 2013 BUSINESS SESSION 1. INTERVIEW AND APPOINT A RESIDENT TO FILL AN INTERIM 62 VACANCY ON THE PLANNING COMMISSION 2. FUND FIRST ROUND COMMUNITY SERVICES GRANT 88 REQUESTS 3. APPOINT A MEMBER TO THE DESERT CLASSIC CHARITIES 92 CHARITY EVALUATION COMMITTEE 4. APPROVE PERMIT TRACKING SOFTWARE AGREEMENT WITH 96 CRW SYSTEMS, INC. CITY COUNCIL AGENDA 2 OCTOBER 1, 2013 PAGE STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 1 . CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (Evans) 2. CVAG CONSERVATION COMMISSION (Evans) 3. CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 4. GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU (Evans) 5. ANIMAL CAMPUS COMMISSION (Franklin) 6. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Franklin) 7. COACHELLA VALLEY ECONOMIC PARTNERSHIP (Franklin) 8. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Franklin) 9. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (Franklin) 10. CVAG PUBLIC SAFETY COMMITTEE (Henderson) 11. CVAG TRANSPORTATION COMMITTEE (Henderson) 12. LEAGUE OF CALIFORNIA CITIES DELEGATE (Henderson) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Henderson) 14. CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE (Osborne) 15. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (Osborne) 16. CVAG EXECUTIVE COMMITTEE (Adolph) 17. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Adolph) 18. SO. CALIFORNIA ASSOCIATION OF GOVERNMENTS DELEGATE (Adolph) 19. SUNLINE TRANSIT AGENCY (Adolph) 20. COMMUNITY SERVICES COMMISSION MINUTES - JUNE 10, 122 2013 21. PLANNING COMMISSION MINUTES - JUNE 25 AND AUGUST 124 27, 2013 22. ARCHITECTURAL AND LANDSCAPING REVIEW BOARD 132 MINUTES - AUGUST 21, 2013 23. INVESTMENT ADVISORY BOARD MEETING MINUTES - JUNE 136 12 AND AUGUST 14, 2013 DEPARTMENT REPORTS 1. PUBLIC WORKS - UPDATE ON OUTREACH EFFORTS 142 REGARDING POTENTIAL ASSESSMENT DISTRICT IN NORTH LA QUINTA 2. COMMUNITY DEVELOPMENT - CONTRACT WITH RIVERSIDE 146 CITY COUNCIL AGENDA 3 OCTOBER 1, 2013 COUNTY DEPARTMENT OF ANIMAL SERVICES FOR AFTER HOURS EMERGENCY ASSISTANCE MAYOR'S AND COUNCIL MEMBER'S ITEMS PUBLIC HEARINGS - NONE NO PUBLIC HEARINGS ARE SCHEDULED, THEREFORE, THE CITY COUNCIL WILL ADJOURN AND NOT RECONVENE A T 7: 00 PM UNLESS THERE ARE ITEMS FROM THE AFTERNOON SESSION THA T HA VE NO T BE CONSIDERED ADJOURNMENT The next regular meeting of the City Council will be held on October 15, 2013, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. at City Hall, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Susan Maysels, 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 1 1 1, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on September 27, 2013 DATED: September 27, 2013 SUSAN MAYSELS, City Clerk Public Notices • The La Quinta City Hall is a handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 760-777-7123, 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 760-777-7123. A one (1) week notice is required. • If background material is to be presented to the City Council during a meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to CITY COUNCIL AGENDA 4 OCTOBER 1, 2013 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 5 OCTOBER 1, 2013 PRESENTATION: 2 La Quinta Public Library Quarterly Report April 2013-June 2013 rim latinn The Library circulated 59,661 items in the Fourth Quarter of 2012-2013. This is an average of 85 items checked out every hour that the Library was open. 2005 2006 2007 2008 2009 2010 2011 2012 2013 April 5,346 7,707 6,940 15,833 18,234 21,337 22,016 24,733 19,945 May 5,281 7,521 7,712 15,536 17,418 20,152 20,950 25,589 18,486 June 4,942 6,867 9,033 17,104 19,789 22,191 24,655 27,422 22,187 Public Computer Usage During this quarter, 8,498 computer sessions were logged on the Library's 28 public access computers. This is a slight decrease from the Fourth Quarter of 2011-2012, which can be linked to the increase in use of the Library's free Wi-Fi access. Public computers are used by all ages and provide an important connection for tourist and short-term visitors to keep in touch with work, family, or to check travel arrangements. f)nnr rmint This quarter 58,202 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. The lower number this year reflects the temporary increase in 2012 due to the Palm Desert Library being closed for renovation. 2009 2010 2011 2012 2013 April 15,245 20,005 21,270 21,225 19,836 May 14,422 19,138 17,397 19,391 1 7,51 1 June 14,833 19,221 17,678 20,314 20,855 New Borrowers The Library registered 795 new borrowers during the Fourth Quarter. La Quinta had 29,112 registered borrowers as of June 30, 2013. A Library card is good for three years and is purged after four if there are no fees attached. A card with fees stays until the record is cleared. Library Use From Non -Library Locations Utilizing computers in locations other than the Library, 8,996 La Quinta borrowers accessed the Riverside County Library System's homepage for database access and other types of information. In addition, they placed requests for 4,540 items for later pickup at the Library. Weekly Programming A Preschool Storytime for children 3'/2 to 5 years old was held 13 Tuesday mornings during the quarter. A total of 685 children attended. A weekly On -the -Lap Storytime Program for parents with babies and toddlers was held prior to the Preschool Storytime. The 13 programs were attended by 806 participants. Thursday @ Three is a weekly series of free programs featuring professional performers and is sponsored by the Friends of the Library. The Thursday program had 401 people in attendance for two programs. A weekly English as a Second Language Class is held Tuesday mornings in the Library Classroom. The eight sessions were attended by 81 adult students. Conversational Spanish Classes, taught by Library Assistant Lulu Vega, held nine sessions attended by 170 students. Monthly Programs The Library offers a Family Movie Day on the second Sunday of each month. Each month the Library offers a newly released feature film or a seasonally related classic movie that will appeal to the whole family. Three movie days were attended by 89 people. Other Programs A special family program to celebrate Day of the Child/Day of the Book—Dia de los Ninos/Dia los Libros was held on April 13, 2013. The Library partnered with College of the Desert's Early Childhood Education Department and the East Valley Childcare Consortium to provide a morning of activities starting in the park and moving into the Library. The event featured free books, crafts, food, games, and entertainment. Five hundred twenty-two people signed the Library guest book with a much larger group outside. 7 PRESENTATION: Vnhintppm During this quarter 53 volunteers donated 678 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 Libr The La Quinta Friends of the Library continue to offer support in all areas. The Friends provide funds for all special programs and reading incentives for this year's Reading Rewards program. MitrPach As schools were having difficulty arranging field trips to the Library, Library staff went to the schools. Library staff presented six multi -grade assemblies at local elementary schools and promoted services on the John Glenn Middle School's Live Announcements television broadcast, which goes out to all classes and is archived for future viewing. The Library was also represented at high school career day programs and at the City's Birthday Celebration in the Park. Networking with other City Agencies During this quarter the Library provided monthly preschool story programs at the Museum on the first Wednesday of each month. 8 La Quinta Library Expenditures July 1, 2012 - June 30, 2013 Library Contract Expenditures (LSSI) 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 Labor & Benefits $101,966.74 $104,056.98 $98,865.90 $103,144.55 $408,034.17 Materials, Net of Donations 0 0 $3,327.13 0 $3,327.13 Collection/Books 0 0 0 $78,538.11 $78,538.11 Automation & Courier $17,925.91 $16,833.07 $15,687.55 $10,755.79 $61,202.32 Other Direct Costs $1,819.22 $1,465.38 $3,068.82 $1,494.95 $7,848.37 Zone Administration $7,611.06 $7,651.31 $12,482.33 $8,587.20 $36,331.90 Shared Costs $10,607.58 $10,663.67 $5,695.77 $6,559.52 $33,526.54 Library Contract Expenditures $139,930.51 $140,670.41 $139,127.50 $209,080.12 $628,808.54 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 $3,695.05 $5,125.81 $24,358.62 Insurance $10,128.02 $1,049.49 $972.47 $954.17 $13,104.15 Miscellaneous Expenses $108.24 $136.45 $66.09 $1 1 1 .82 $422.60 Special Program Expenses $-.07 $558.37 $264.13 $388.87 $1,211.37 Accounting Costs $83.29 $192.18 $169.39 $198.45 $643.31 Travel and Conferences $34.73 $.89 0 $5.19 $40.81 Support Services $10,726.02 $58,755.40 $29,992.51 $17,309.50 $1 16,783.43 County Expenditures $27,777.93 $69,532.84 $35,159.64 $24,093.81 $156,564.22 TOTAL EXPENDITURES $167,708.44 $210,203.25 $174,287.14 $233,173.93 $785,372.76 PRESENTATION: 2 La Quinta Museum Quarterly Report April 2013—June 2013 Visitors Compared to the same quarter in 2012, attendance is up 33% with 1,262 people visiting the Museum this quarter - including 257 children. Exhibits The exhibit Emerald Gems: History of Goff in the Coachella Valley closed on May 4. Two weeks later The Mysteriously Enchanting Salton Sea exhibit opened, which highlights the attraction of the Salton Sea from the 1930s to the 1 960s for boating, water skiing, fishing, camping, hiking, bird watching, and of course boat racing. 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 85 children and their caretakers. These story times with a craft program are a collaboration between the Museum and the Library. First Friday performances ended for the season in April with singer/songwriter Bobby Jo Valentine. The Cahuilla Camp held on Wednesdays in June had 25 elementary school age children participate. Topics included food, shelter, clothing, basketry, and games. The Museum's collection and displays enhanced the activities selected for each subject. Gift Shop Total gift shop sales this quarter were $1 ,771 .63. Attention is being given to developing a Museum store that highlights La Quinta and the surrounding desert area. Merchandise has been selected with both tourists and local residents in mind who are able to purchase unique items made by local artists. Energy has also been put into making the displays more attractive and eye-catching. iN La Quinta Museum Expenditures July 1, 2012 - June 30, 2013 Museum Personnel 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 Salaries $29,625.00 $29,625.00 $29,625.00 $29,625.00 $118,500.00 Total Personnel Costs $29,625.001 $29,625.001 $29,625.001 $29,625.00 $118,500.00 Museum Programming 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 Special Speaker $1,521 .90 $2,550.1 1 $1,676.65 $1,158.00 $6,906.66 Printing $108.16 $354.191 $74.941 $286.701 $823.99 Total Programming Costs $1,630.06 $ 2,904.30 $1,751.59 $1,444.70 $ 7,730.65 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 $61.05 $52.55 $554.31 Supplies $1,340.69 $2,454.26 $647.72 $2,075.58 $6,518.25 Gift Shop Supplies - $1,603.09 $1,807.79 $1,625.55 $5,036.43 Miscellaneous $1,626.35 $191 .30 $61 1 .60 $25.15 $2,454.40 Total Other Costs $2,985.401 $4,671.001 $3,128.161 $3,778.831 $14,563.39 TOTAL EXPENDITURES $34,240.46 $37,200.30 $34,504.75 $34,848.53 $140,794.04 CITY COUNCIL MINUTES TUESDAY, SEPTEMBER 17, 2013 A regular meeting of the La Quinta City Council was called to order at 3:01 p.m. by Mayor Adolph. PRESENT: Councilmembers Evans, Franklin, Henderson, Osborne, Mayor Adolph ABSENT: None PUBLIC COMMENT - None CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a), CITY OF LA QUINTA, ET AL. v. MATOSANTOS, ET AL., SACRAMENTO COUNTY SUPERIOR COURT CASE NO. 34-2013-80001485 2. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, FRANK J. SPEVACEK, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED IN THE LA QUINTA VILLAGE, EAST OF DESERT CLUB DRIVE, SOUTH OF CALLE TAMPICO, NORTH OF AVENIDA LA FONDA (APN'S 770-123-002, 770-123-003, 770- 123-004, 770-123-006, 770-123-010, 770-124-002, 770-124-003, 770- 124-004, 770-124-007, AND 770-124-009). PROPERTY NEGOTIATOR: MARVIN INVESTMENTS, INC., WELLS MARVIN 3. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, FRANK J. SPEVACEK, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING THE POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED AT SILVERROCK RESORT (APN'S 770-200-026; 776-150-021; 776-150-023; 770-060-056; 770-060-057; 770-060-058; 770-060-059; 770-060-061; 770-060-062; 777-490-004; 777-490-006; 777-490-007; 777-490-012 AND 777-490- 014). PROPERTY NEGOTIATORS: JOHN GAMLIN, MERIWETHER COMPANIES; ROBERT S. GREEN, JR., THE ROBERT GREEN COMPANY COUNCIL RECESSED TO THE MEETING OF THE SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY AND CLOSED SESSION AT 3: 03 P.M. CITY COUNCIL MINUTES SEPTEMBER 17, 2013 Ida MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 4: 10 P.M. WITH ALL MEMBERS PRESENT. NO ACTIONS WERE TAKEN IN CLOSED SESSION THAT REQUIRES REPORTING PURSUANT TO GOVERNMENT CODE SECTION 54957.1 (BROWN ACT). City Attorney Jenson announced that Councilmember Osborne recused himself, and he left the room during discussion of Closed Session Item No. 2. Councilmember Osborne added that a possible conflict existed due to a business relationship with a party that could be affected by this property transaction. Council did not complete its discussion of Closed Session Item No. 3 before breaking at 4:00 p.m. to call the regular City Council meeting to order. Therefore, Council will return to Closed Session at the conclusion of the open session portion of the meeting. Mayor Adolph led the audience in the pledge of allegiance. PUBLIC COMMENT Public Speaker: Jerry McDonald, La Quinta - Mr. McDonald said that he missed the recent application deadline for boards and commissions and informed Council that he was available to fill in on any board or commission as needed. Mr. McDonald requested that Consent Calendar Item No. 11 be pulled for discussion. CONFIRMATION OF AGENDA Councilmember Osborne requested that Consent Calendar Item No. 11 be moved to the Business Session section for discussion and separate vote. Council concurred. PRESENTATIONS - None WRITTEN COMMUNICATIONS - None APPROVAL OF MINUTES MOTION - A motion was made and seconded by Councilmembers Evans/Franklin to approve the minutes of August 6, 2013 as submitted. Motion passed unanimously. MOTION - A motion was made and seconded by Councilmembers Henderson/ Franklin to approve the minutes of September 3, 2013 as submitted. Motion passed unanimously. CONSENT CALENDAR 1. TREASURER'S REPORT DATED JUNE 30, 2013 CITY COUNCIL MINUTES 2 SEPTEMBER 17, 2013 13 2. REVENUE & EXPENDITURES REPORT DATED JUNE 30, 2013 3. AMEND THE TERM OF OFFICE TO A UNIFORM THREE YEARS FOR MEMBERS APPOINTED ON JULY 16, 2013 TO FOUR CITY BOARDS/ COMMISSIONS 4. SET DATE AND TIME FOR A CITY COUNCIL WORKSHOP 5. RESOLUTION APPROVING A PURCHASE AND SALE AGREEMENT WITH BARTON LAND LA QUINTA, LLC FOR THE ACQUISITION OF LAND FOR A FUTURE FIRE STATION [RESOLUTION 2013-0431 6. EXCUSE COMMISSIONER MICHELLE LAWRENCE'S ABSENCE FROM THE SEPTEMBER 9, 2013, COMMUNITY SERVICES COMMISSIONS MEETING 7. AMEND PROFESSIONAL SERVICES AGREEMENT WITH HENSON CONSULTING GROUP, LLC FOR PROJECT IMPLEMENTATION SUPPORT SERVICES 8. LETTERS OF SUPPORT COMMITTING LOCAL FUNDS FOR JEFFERSON STREET/1-10 INTERCHANGE PROJECT AND PURSUIT OF 2013 MULTI - FUNDING CALL FOR PROJECTS ISSUED BY RIVERSIDE COUNTY TRANSPORTATION COMMISSION 9. EXCUSE CHAIRPERSON KATIE BARROW'S ABSENCE FROM THE AUGUST 27, 2013, PLANNING COMMISSION MEETING 10. APPROPRIATE FUNDS AND APPROVE PLANS AND SPECIFICATIONS FOR CITY HALL LIGHTING 11. pulled for discussion and vote as a Business Item by Councilmember Osborne RESOLUTION TO EXTEND TIME TO COMPLETE OFF -SITE AND ON -SITE IMPROVEMENTS FOR TRACT MAP NO. 33076-1, MADISON CLUB [RESOLUTION 2013-0441 12. RESOLUTION TO EXTEND TIME TO COMPLETE ON -SITE IMPROVEMENTS FOR TRACT MAP NO. 33076-2, MADISON CLUB [RESOLUTION 2013-0451 13. DEMAND REGISTERS DATED AUGUST 20, 2013, SEPTEMBER 3, 2013 AND SEPTEMBER 17, 2013 MOTION - A motion was made and seconded by Councilmembers Evans/Franklin to approve the Consent Calendar as recommended, with Item Nos. 5 and 12 adopting Resolution Nos. 2013-043 and 2013-045 respectively. Motion passed unanimously. CITY COUNCIL MINUTES 3 SEPTEMBER 17, 2013 14 BUSINESS SESSION Consent Calendar Item No. 14 moved here for discussion and separate vote. 14. RESOLUTION TO EXTEND TIME TO COMPLETE OFF -SITE AND ON -SITE IMPROVEMENTS FOR TRACT MAP NO. 33076-1, MADISON CLUB [RESOLUTION 2013-0441 Public Works Director Jonasson presented the staff report, which is on file in the City Clerk's Office. Jeff Prevost, representative of the developer, answered Council's questions regarding project timing. Mr. Prevost confirmed that within six months, the project will be done. Public Speaker: Jerry McDonald, manager of PGA West Fairways — Mr. McDonald requested that Council require the off -site improvement of this project to be completed as soon as possible. Public Speaker: Deborah Brill, La Quinta, President of the Fairways Association — Ms. Brill requested that a deadline of December 2013 be set. MOTION - A motion was made and seconded by Councilmembers Osborne/Franklin to approve Resolution No. 2013-044 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONDITIONALLY GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFFSITE AND ONSITE IMPROVEMENTS AS SPECIFIED IN THE SUBDIVISION IMPROVEMENT AGREEMENT UNTIL SEPTEMBER 9, 2014 WITH INTERMEDIATE MILESTONES FOR TRACT MAP 33076-1 , THE MADISON CLUB. Motion passed unanimously. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS As La Quinta's representative for 2013, Councilmember Franklin reported on her participation in the following organization's meetings: • COACHELLA VALLEY MOUNTAINS CONSERVANCY As La Quinta's representative for 2013, Councilmember Osborne reported on his participation in the following organization's meetings: • IID ENERGY CONSUMERS' ADVISORY COMMITTEE • DESERT BUILDERS' ASSOCIATION CITY COUNCIL MINUTES 4 SEPTEMBER 17, 2013 M As La Quinta's representative for 2013, Councilmember Adolph reported on his participation in the following organization's meetings: • SUNLINE TRANSIT AGENCY — Special meeting DEPARTMENT REPORTS Department Reports were received and filed. Copies are on file in the City Clerk's Office. Public Works Director Jonasson provided verbal reports on a solution to Andalucia's wall and berm complaint, and reported on storm cleanup efforts, drainage issues and flooding complaints from residents. MAYOR'S AND COUNCIL MEMBER'S ITEMS Councilmember Henderson asked if a gift basket could be put together for Citypac. Councilmembers agreed. Mayor Adolph reported on the September 11 t" event. Councilmember Osborne stated that Robert Radi did a great job with the design of the memorial and noted that La Quinta's memorial is recognized in New York City. PUBLIC HEARINGS - None COUNCIL RECESSED AT 4: 55 P.M. BACK TO THE SUCCESSOR AGENCY MEETING FOLLOWED BY MEETINGS OF THE FINANCING AUTHORITY, HOUSING AUTHORITY AND A RETURN TO CITY COUNCIL CLOSED SESSION. MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 6: 10 P.M. WITH ALL MEMBERS PRESENT. NO ACTIONS WERE TAKEN IN CLOSED SESSION THAT REQUIRES REPORTING PURSUANT TO GOVERNMENT CODE SECTION 54957.1 (BROWN ACT). ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Evans/Franklin to adjourn at 6:10 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, City Clerk City of La Quinta, California CITY COUNCIL MINUTES 5 SEPTEMBER 17, 2013 Icy MA CAM OF 9ti CITY / SA / HA / FA MEETING DATE: October 1, 2013 AGENDA CATEGORY: ITEM TITLE: RESOLUTION AMENDING CITY'S BUSINESS SESSION: FISCALLY RESPONSIBLE REDUCTION PLAN TO COMPLY WITH INTERNAL REVENUE CODE CONSENT CALENDAR: 1 REQUIREMENTS STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Adopt a Resolution amending the City's Fiscally Responsible Reduction Plan to comply with the Internal Revenue Code Section 415 requirements. EXECUTIVE SUMMARY: • On February 15, 2011, City Council authorized eligible employees to participate in an early retirement incentive plan called the Fiscally Responsible Reduction Plan ("FRRP"). • The goal of the FRRP was to encourage employees to voluntarily separate from the City in order to accelerate the normal rate of attrition, allow the City to rapidly reduce its workforce and create budget savings to address the budget shortfall. • The plan is IRS compliant; however, the IRS requests that their own technical language be incorporated, by Resolution. The language does not change anything for plan participants. • The amended language (see "Exhibit A" to the Resolution) must be adopted by Resolution prior to November 14, 2013. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: In response to the economic downturn and declining revenues in early 2011, the 18 City Council approved the City of La Quinta FRRP, which was designed to offer early retirement monetary incentives to reduce the size of the City's workforce. Upon adopting the FRRP an IRS Determination Letter was then required once all participants were on board. The IRS has been backlogged with requests and the favorable determination letter was finally received in August 2013 (Attachment 1). The IRS is requiring an amendment that incorporates their language. This is a ministerial action that does not affect the plan or its participants. ALTERNATIVES: As this action will allow the City to be in compliance with IRS code requirements, staff does not recommend an alternative. Report prepared by: Terry Deeringer, Human Resources/General Services Manager Report approved for submission by: Frank J. Spevacek, City Manager Attachment: 1. IRS Favorable Determination Letter dated August 15, 2013 iN A RESOLUTION OF THE CITY COUNCIL OF THE CIT'T' rl-- LA QUINTA, CALIFORNIA, ADOPTING THE 41 AMENDMENT TO THE CITY OF LA QUINTA FISCALL RESPONSIBLE REDUCTION PLAN I WHEREAS, the City of La Quinta ("City") has previously adopted the City of La Quinta Fiscally Responsible Reduction Plan ("FRRP") for the benefit of certain former employees who voluntarily exercised their option to separate from City service; and WHEREAS, the City made a determination letter application to the Interna' Revenue Service ("IRS") requesting approval of the FRRP document; and WHEREAS, on August 15, 2013, the IRS issued a favorable determination letter with respect to the FRRP document, which is conditioned upon the adoption of an amendment to the FRRP document that incorporates by reference the requirements of Section 415 of the Internal Revenue Code (the "415 Amendment"), a copy of which is attached as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City Council does hereby adopt the 415 Amendment to the City of La Quinta Fiscally Responsible Reduction Plan, which amendment is set forth in Exhibit A to this Resolution, effective as of February 15, 2011. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1 st day of October 2013, by the following vote: DON ADOLPH, Mayor City of La Quinta, Californi K11 Resolution No. 2013- 415 Amendment to the Fiscally Responsible Reduction Plan Adopted: October 1, 2013 Page 2 LOAM MW-jMw4w1121VFjMwx. 6 . .. 0 0 0 0 * M. KATHERINE JENSON, City Attorney City of La Quinta, California PA EXHIBIT A TFIT, MyNWISMUR CITY • LA QUINTA F I S C A L L Y R E S P 0 • W, V WHEREAS, the City of La Quinta (the "Employer") has previously adopt the City of La Quinta Fiscally Responsible Reduction Plan (the "Plan"); an( WHEREAS, the Employer has the right to ♦ said Plan in accordan with Section 5.3 ♦ the Plan; and i WHEREAS, the Employer desires to amend the Plan to comply with certain regulations applicable to the Plan. Effective as of February 15, 2011, Section 6.2 shall be amended to add th(; following language at the •. • such •. 1h) Notwithstanding the foregoing provisions of this Section 6.2, the Plan shall be subject to the final regulations under Code Section 415, the limitations of which are incorporated herein by this reference." This Amendment is hereby adopted this day of 2013 effective w� of the date set forth above. M 23 ATTACHMENT 1 INTERNAL REVENUE SERVICE P. O. BOX 2508 CINCINNATI, OR 45201 Date: AUG 15 2013 THE CITY OF LA QUINTA RD BOX 1504 LA QUINTA, CA 92247 Employer Identification Number: 95-3740431 PER: 17007111051001 Person to Contact: TANYA M HUGGINS ID # 31075 Contact Telephone Number: (513) 263-3558 Plan Name: THE CITY OF LA QUINTA FISCALLY RESPONSIBLE REDUCTION PLAN Plan Number: 003 We have made a favorable determination on the plan identified above based on the information you have supplied, Please keep this letter, the application forms submitted to request this letter and all correspondence with the Internal Revenue Service regarding your application for a determination letter in your permanent records. You must retain this information to preserve your reliance on this letter. Continued qualification of the plan under its present form will depend on its effect in operation. See section 1.401-1(b)(3) of the Income Tax Regulations. We will review the status of the plan in operation periodically. The enclosed Publication 794 explains the significance and the scope of this favorable determination letter based on the determination requests selected on your application forms. Publication 794 describes the information that must be retained to have reliance on this favorable determination letter. The publication also provides examples of the effect of a plan's operation on its qualified status and discusses the reporting requirements for qualified plans. Please read Publication 794. This letter relates only to the status of your plan under the Internal Revenue Code. It is not a determination regarding the effect of other federal or local statutes. This determination letter gives no reliance for any qualification change that becomes effective, any guidance published, or any statutes enacted, after the issuance of the Cumulative List (unless the item has been identified in the Cumulative List) for the cycle under which this application was submitted. This letter may not be relied on after the end of the plan's first five- year remedial amendment cycle that ends more than twelve months after the application was received. This letter expires on January 31, 2014. This letter considered the 2010 Cumulative List of Plan Qualification Requirements. This determination letter is applicable for the plan adopted on April 22, 2011. Letter 2002 (DO/CG) 24 THE CITY OF LA QUINTA This determination letter is applicable for the amendment(s) executed on November 14, 2011. This determination is subject to your adoption of the proposed amendments submitted in your letter dated November 13, 2012. The proposed amendments should be adopted on or before the date prescribed by the regulations under Code section 401(b). This determination letter is based solely on your assertion that the plan is entitled to be treated as a Governmental plan under section 414(d) of the Internal Revenue Code. We have sent a copy of this letter to your representative as indicated in the Form 2848 Power of Attorney or appointee as indicated by the Form 8821 Tax Information Authorization. If you have questions concerning this matter, please contact the person whose name and telephone number are shown above. Sincerely, Andrew E. Zuckerman Director, EP Rulings & Agreements Enclosures: Publication 794 -3- THE CITY OF LA QUINTA This determination is also applicable to the trust that was adopted January 19, 2000. Letter 2002 (DO/CG) K11 MIA Tjhf 4 4 a" AGENDA CATEGORY: CITY / SA / HA / FA MEETING DATE: October 1, 2013 BUSINESS SESSION: CONSENT CALENDAR: 2 ITEM TITLE: EXCUSE BOARD MEMBER KEVIN MCCUNE'S ABSENCE FROM THE SEPTEMBER 18, STUDY SESSION: 2013, ARCHITECTURAL AND LANDSCAPING REVIEW BOARD MEETING PUBLIC HEARING: RECOMMENDED ACTION: Approve a request from Board Member Kevin McCune to be excused from the September 18, 2013, Architectural and Landscaping Review Board meeting. BACKGROUND/ANALYSIS: Board Member McCune requested to be excused from the September 18, 2013, Architectural and Landscaping Review Board meeting due to work -related circumstances. The Municipal Code does not allow 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 a board member's absence after -the -fact, for extenuating circumstances, and the absence would then not be counted toward the limitation on absences. Board Member McCune has had no other absences during this fiscal year and staff recommends his absence be excused by Council. ALTERNATIVES: Deny Board Member McCune's request to be excused. Denial of the request would result in the absence being counted toward his limitation on absences as noted above. Report prepared by: Les Johnson, Community Development Director Report approved for submission by: Frank J. Spevacek, City Manager 28 c�tit OF T 9� CITY / SA / HA / FA MEETING DATE: October 1, 2013 ITEM TITLE: EXCUSE BOARD MEMBER KURT MORTENSON'S ABSENCE FROM THE SEPTEMBER 1 1 , 2013 INVESTMENT ADVISORY BOARD MEETING RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: Approve a request from Board Member Mortenson to be excused from the September 1 1 , 2013 Investment Advisory Board meeting. BACKGROUND/ANALYSIS: Board Member Mortenson requested to be excused from the September 11, 2013, Investment Advisory Board meeting due to business related travel. The La Quinta Municipal Code provides that: "A board or commission member may request advance permission from the City Council to be absent at one or more regular meetings due to extenuating circumstances, and/or may request the City Council to excuse an absence after -the -fact where such extenuating circumstances prevented the member from seeking advance permission to be absent." If such permission or excuse is granted by the City Council, the absence shall not be counted toward the above -stated limitations. ALTERNATIVES: Deny Board Member Mortenson's request to be excused. Denial of the request would result in the absence being counted toward his limitation on absences as noted above. Report prepared by: Robbeyn Bird, Finance Director Report approved for submission by: Frank J. Spevacek, City Manager M11 Kai � o� V sy 5. c�tit OF CITY / SA / HA / FA MEETING DATE: October 1, 2013 AGENDA CATEGORY: ITEM TITLE: DENY CLAIM FOR DAMAGES FILED BUSINESS SESSION: BY: CAROL BYERS; DATE OF LOSS — MARCH 17, 2013 CONSENT CALENDAR: 4 STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Deny the claim for damages filed by Carol Byers; date of loss — March 17, 2013. EXECUTIVE SUMMARY: • A claim for damages was submitted by Carol Byers on September 1, 2013, for estimated and future medical bills and general damages resulting from a bicycle accident. • The claim was forwarded to the City's claims administrator, Carl Warren & Company. • After review, Carl Warren & Company has requested that the claim be rejected. FISCAL IMPACT: The claim was in excess of $300,000. BACKGROUND/ANALYSIS: The claim is for estimated and future medical bills and general damages resulting from a bicycle accident that the claimant states resulted from an uneven sidewalk grade. Carl Warren & Company has asked the City to reject the claim. Report prepared by: Terry Deeringer, Human Resources/General Services Manager Report approved for submission by: Frank J. Spevacek, City Manager Kea 33 CAM OF 9ti CITY / SA / HA / FA MEETING DATE: October 12, 2013 AGENDA CATEGORY: ITEM TITLE: REJECT CLAIM - ARCH INSURANCE BUSINESS SESSION: COMPANY VS. CITY OF LA QUINTA; DATE OF LOSS - JULY 2, 2012 CONSENT CALENDAR: 5 STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Reject the claim - Arch Insurance Company vs. City of La Quinta — with a date of loss of July 2, 2012. EXECUTIVE SUMMARY: • A claim for alleged losses was submitted by Watt, Tieder, Hoffar & Fitzgerald, LLP on behalf of Arch Insurance Company ("Arch") on September 5, 2013. • Arch claims it incurred alleged monetary losses when the City assessed liquidated damages related to the Adams Street Bridge construction. • The claim was forwarded to Carl Warren & Company, the City's claims administrator. • Carl Warren & Company reviewed the claim and recommends the matter be referred to the City Attorney for handling. FISCAL IMPACT: Alleged losses and expenses incurred was in excess of $275,400. If Arch Insurance were to file suit, presumably this is the approximate amount of damages it would seek from the City. It would also seek its litigation expenses. The City would incur expenses in defending against the claim in court. BACKGROUND/ANALYSIS: The claim is for monetary loss allegedly occurring during the construction of the Adams Street Bridge. The claimant states the City has caused Arch to suffer 34 financial loss by assessing liquidated damages (late fees) and by not giving Arch a time extension to complete the project. The City Attorney has indicated that Arch's claims are without merit. ALTERNATIVES: As the City's claims administrator has referred this claim to the City Attorney and the City Attorney's Office has recommended rejection of the claim, staff has no alternatives. Report prepared by: Terry Deeringer, Human Resources/General Services Manager Report approved for submission by: Frank J. Spevacek, City Manager W � o� V s y ,rY c�tit OF CITY / SA / HA / FA MEETING DATE: October 1, 2013 AGENDA CATEGORY: ITEM TITLE: ACCEPT CITY HALL BUILDING HEATING, BUSINESS SESSION: VENTILATION AND AIR CONDITIONING SYSTEM 3 CONSENT CALENDAR: 6 REPLACEMENT PROJECT STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Accept the City Hall Building Heating, Ventilation and Air Conditioning System 3 Replacement Project as 100 percent complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $1,723, thirty-five days after the Notice of Completion is recorded. EXECUTIVE SUMMARY: • The City Council Chambers and adjoining offices were heated and cooled by a 50-ton capacity heating, ventilation, and air conditioning system (HVAC System 3), which was installed when City Hall was constructed in 1993. • The HVAC System 3 stopped working in early spring 2013 and required replacement. • The work has been completed and in order to complete the contract and allow final payment to the contractor, staff is requesting City Council to accept the improvements. FISCAL IMPACT: The following is the final accounting for this project: Original Contract Amount $ 28,258 Contract Change Order No. 1 $ 6,196 New Contract Total $ 34,454 Kiy Amount Billed to Date ($ 32,731) Total Retention to be Released ($ 1,723) Amount Remaining to be Billed $0.00 As shown, adequate funding exists to close this project out. BACKGROUND/ANALYSIS: The HVAC systems, including the HVAC System 3 that serves the Council Chambers, adjoining offices, and connecting hallways, typically have a service life of approximately 20 years. In order fund the future replacement of these critical systems, City Council established a Citywide Preventative Maintenance Plan as part of its Fiscal Year 2013/2014 Capital Improvement Program. This plan is funded at $50,000 per year from the City's Equipment Replacement Fund. The HVAC System 3 had begun to fail at the time the plans were approved for this project. On July 23, 2013, one sealed bid was received from F.M. Thomas Air Conditioning, Inc. in the amount of $28,858 for this project (Project No. 2013-13). Since the bid amount fell within the limits for approval by the City Manager, and time was of the essence, the City Manager awarded the contract on July 24, 2013. On August 5, 2013, a Notice to Proceed was issued with a five working day contract completion time starting August 6, 2013. Contract Change Order No. 1, which was issued for additional work to modify the existing mounting platform, extended the project for a total of nine working days. The project was deemed substantially complete on August 23, 2013. As per project specifications, no liquidated damages or early completion incentives are recommended. The project's construction effort is now 100 percent complete and is in compliance with the plans and specifications. Staff therefore recommends acceptance of the project and release of the retention thirty-five days after the Notice of Completion is recorded. ALTERNATIVES: Since the project has been constructed and reviewed for conformance to the plans and specifications, staff does not recommend any alternatives to the recommended action. Report prepared by: Bryan McKinney, Principal Engineer Report approved for submission by: Timothy R. Jonasson Public Works Director/City Engineer NFA � o� V sy 5. c�tit OF CITY / SA / HA / FA MEETING DATE: October 1, 2013 AGENDA CATEGORY: ITEM TITLE: APPROVE DEMAND REGISTER DATED BUSINESS SESSION: OCTOBER 1, 2013 CONSENT CALENDAR: 7 STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Approve Demand Register dated October 1, 2013. EXECUTIVE SUMMARY: None. FISCAL IMPACT: Demand of Cash: -- City $ 1,316,690.24 -- Successor Agency of RDA $ 599,468.75 -- Housing Authority $ 0.00 -- Housing Authority Commission $ 0.00 BACKGROUND/ANALYSIS: Between City Council meetings, there is a need to pay 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: Warrants Issued: 100741 - 1007651 $ 65,363.40 100766 - 1007791 $ 93,075.30 Voids} $ (23,336.00) Wire Transfers} $ 803,351 .83 38 Warrants Issued Continued: P/R 36891 - 368931 $ 144,822.98 P/R Tax Transfers} $ 37,365.48 100780 — 1008991 $ 789,556.00 $1,910,198.99 In the amounts listed above, there were five voided checks — Check Nos. 96519, 98290, 100361, 100420, and 100615. The first two checks were stale dated and replacement checks were issued. Check 100361 was voided because it was a duplicate payment. Check 100420 was issued for the wrong amount; therefore, it was voided and re -issued. Check 100615 was requested for the wrong vendor. The check was voided and a replacement was re -issued to the correct vendor. In addition, listed below are the most significant expenditures being paid on the demand registers listed above. Significant Expenditures: Vendor: Account No.: O&J Golf Construction 401-181 5-551 .45-01 Amount: Purpose: $258,532.05 SilverRock Project Tylin International 401-1762-551 .34-04 $182,872.61 Apr. & Aug. Professional Services Economic Dev. Agency 101-3006-451 .32-15 $ 43,750.00 Jul. -Sept. Museum Admin Kirkpatrick Landscaping 101 -7004-431.34-04 $ 35,467.53 Sept. Landscaping Coachella Valley Water Various $ 34,724.17 Water Service ALTERNATIVES: None. Report prepared by: Sandra Mancilla, Account Technician Report approved for submission by: Robbeyn Bird, Finance Director Attachments: 1 . Wire transfers 2. Demand Register Kx� CITY OF i, QUINTA /12/13 WIRE TRANSFER - PERS $45,444.12 9/13/13 WIRE TRANSFER - DEBT SVC PYMT $0,043.75 9/13/13 WIRETRANSFER - IC $9,634.85 9/13/13 WIRE TRANSFER -$292.50 9/17/13 WIRE TRANSFER - PERS $47.56 9/17/13 WIRETRANSFER - TSC $906.5 9/18/13 WIRETRANSFER - LANDMARK $1,80.5 9/23/3 WIRE TRANSFER - PERS $2,71.66 `. i IN ATTACHMENT 2 -4 M CD CD N \T 'IT 1-4 C3 r- 00 'IT 'T Ln \T Ln k !.9 -1 1 rv) CD 110 0 K) 0 tn r- Ln Ln rl- LU-J, F<- aNU; p = 0 1 ol N co CD rl- C3 Na, W) 'IT r- w N 0� k U1 04 1-4 14 00 N ti) r- 't LD LU k I < go N (L x om oz LLJ W O. 0 CL (D ui Z z 09 Z W, (w 0 0 v C3 w m %T 0, M 9 'IT C3 NT 0 NT \T c "T m w 'T 'T mm « WOSWMNTWrwIT 0 N : M 1� M N W I"! c+ 1� h N P� 7 W! 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L) 1CD _ py > 1 1 rn uj w 1 M 1-4 OL 1 1 w l CD 1 CD 4= z 001 tim,0 wz ww 1 4z p Q 4 x 0= 1 W 0 1 0� w U) Q (D 1 F- " =UwwM 1 F— }� •® zU(A w as 1 a_ U w _ L) = 1 1 �� > W = a. a. a. 1 z U WW 0 WWW 1 F—M 1 < amCL ,.D�(.D 1 1 6VI CAM OF 9ti CITY / SA / HA / FA MEETING DATE: October 1, 2013 AGENDA CATEGORY: ITEM TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR BUSINESS SESSION: ASSISTANT TO THE CITY MANAGER TO ATTEND THE 2013 CODE FOR AMERICA SUMMIT IN SAN CONSENT CALENDAR: 8 FRANCISCO, CA, OCTOBER 15-17, 2013 STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Authorize overnight travel for the Assistant to the City Manager to attend the 2013 Code for American Summit being held in San Francisco, California October 15-17, 2013. EXECUTIVE SUMMARY: • Code for America is an organization that helps cities create 21 st century interfaces to government that are user-friendly and intuitive. • The Code for America Summit ("Summit") provides training to local government professionals on best practices in leveraging technology in public organizations and building systems to make government more open and efficient. • The information and training provided at the Summit will allow City staff to understand emerging trends, and technology solutions relating to public safety, economic development, and open government to be used in enhancing City business operations. FISCAL IMPACT: Estimated expenditures are $1,100. Funds are available in the City Manager's Travel, Training and Meetings account. BACKGROUND/ANALYSIS: The City has initiated a number of initiatives to create the city government of the 21 st century. These initiatives are aimed at improving business operations, ['Y17 enhancing citizens' interface with the City government, and utilizing technology to optimize service delivery. The Summit is designed for local government officials and is one of the few opportunities where civic leaders from all levels of municipal government, the technology sector, and private industry come together to receive comprehensive training and learn from the experiences of other cities that are focused on innovation through the use of technology. Materials from this Summit will be incorporated into the October 19t" City Council Workshop. ALTERNATIVES: As this training is specific to the City's endeavors to institute new technology and transparency in City government and similar training is not available in this area, staff does not recommend an alternative. Report prepared by: Wanda P. Wise -Latta, Executive Assistant Report approved for submission by: Frank J. Spevacek c� OFTL9 CITY / SA / HA / FA MEETING DATE: October 1, 2013 AGENDA CATEGORY: BUSINESS SESSION: 1 ITEM TITLE: INTERVIEW AND APPOINT A RESIDENT TO FILL AN INTERIM VACANCY ON THE PLANNING CONSENT CALENDAR: COMMISSION STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Appoint one resident to fill an interim vacancy on the Planning Commission to complete the unexpired term ending June 30, 2014. EXECUTIVE SUMMARY • Planning Commissioner Edward L. Alderson submitted his resignation in August 2013. • Mr. Alderson's current term expires June 30, 2014. • The eight residents who submitted applications to complete the unexpired term will be interviewed to fill Mr. Alderson's vacancy. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: Long -serving Planning Commissioner Edward L. Alderson submitted his resignation in August 2013. Mr. Alderson was first appointed to the Commission on December 21, 2004 and has served continuously since that date. Notices calling for applications to fill the vacancy were published in The Desert Sun newspaper on August 9 and August 30, 2013, in the August issue of The Gem, and posted on the City's website. ::Pa Applicants from the last two rounds of Planning Commission appointments, who were not seated, were contacted and invited to reapply. The application submittal deadline was September 16, 2013, and the following eight residents applied: Garry Barnes Frank P. Blum Mike Etheridge Doug Hassett David Johnston Javier H. Lopez Evelyn Pivnick Andrea C. Spirtos The Municipal Code section governing this appointment states: "Interim vacancies shall be filled by appointment for the unexpired term of the member replaced." ALTERNATIVES: As Council originally established the Planning Commission as a five -member body to best fulfill duties assigned and, a four -member body may result in split votes, staff does not recommend an alternative. Report prepared by: Susan Maysels, City Clerk Report approved for submission by: Frank J. Spevacek, City Manager Attachments: Applications 63 � o� V sy 5. c�tit OF CITY / SA / HA / FA MEETING DATE: October 1, 2013 AGENDA CATEGORY: BUSINESS SESSION: 2 ITEM TITLE: FUND FIRST ROUND COMMUNITY SERVICES GRANT REQUESTS CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Approve funding for the following organizations: American Diabetes Association for $1,000; Court Appointed Special Advocates for Riverside County for $1,000; Certified Farmers Markets for $2,500; Coachella Valley Serving People In Need, Patriot Ride For Our Heroes for $5,000; La Quinta High School Girls Basketball Booster Club for $1,000; Old Town Artisan for $2,500; Quilting For Good Times for $1,500; Red Hot Ballroom for $1,000. EXECUTIVE SUMMARY: • Community Services Grants and funding requests are considered by City Council twice per fiscal year. • Grant applications are initially reviewed by a designated Ad -Hoc Review Committee that recommends consideration of approved grants to City Council. The City Council may approve or modify the recommendations. • The grants and funding requests listed within this report comprise the first round of submitted grants. FISCAL IMPACT: The budgeted amount for Community Services Grants is $40,400. Thirteen organizations submitted a total of $59,417 in grant requests. The Ad Hoc Committee is recommending funding $15,500 of these requests. Funding will come from the Special Project Contingency account. 88 BACKGROUND/ANALYSIS: Per Grant Guidelines (Attachment 1) Community Services Grants may only be awarded to 501(c)3 non-profit organizations that benefit La Quinta residents. Grant requests are considered by City Council twice per fiscal year. The grants are limited to $5,000 per request and consecutive fiscal year funding is not allowed, with the exception of requests for City facility rental fees. The initial review is done by an Ad Hoc Review Committee, comprised of Council Members Franklin and Evans. The following table summarizes the grant requests and Ad Hoc Committee's first round recommendations: Applicant Requested Committee Recommendation American Diabetes Association $5,000 $1,000 Court Appointed Special Advocates for Riverside County $5,000 $1,000 Certified Farmers Markets $5,000 $2,500 Coachella Valley Serving People In Need, Patriot Ride For Our Heroes $10,000 $5,000 La Quinta High School Girls Basketball Booster Club $2,000 $1,000 Old Town Artisan $4,992 $2,500 Quilting For Good Times $1 ,500 $1 ,500 Red Hot Ballroom $2,500 $1,000 Coachella Valley Community Trust $3,425 $0 Desert Samaritans For Seniors $5,000 $0 The Desert Symphony $5,000 $0 Keeping Animals Safe Everyday $5,000 $0 Martha's Village and Kitchen $5,000 $0 Total $59,417 $15,500 A description of all submitted grant requests is presented in Attachment 2. All grant applications are available for review in the Community Services Department. Staff recommends that the City Council approve the Ad Hoc Committee's recommendations as listed. ALTERNATIVES: Approve funding per Grant Guidelines for any or all grant applications received. Report prepared by: Robert Ambriz Jr., Recreation Supervisor Report approved for submission by: Edie Hylton, Community Services Director Attachments: 1 . City of La Quinta Grant Guidelines 2. Grant Request Descriptions 89 ATTACHMENT 1 �OF 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. psi o� u,tcv � o� V s y ,rY c�tit OF CITY / SA / HA / FA MEETING DATE: October 1, 2013 AGENDA CATEGORY: BUSINESS SESSION: 3 ITEM TITLE: APPOINT A MEMBER TO THE DESERT CLASSIC CHARITIES CHARITY EVALUATION CONSENT CALENDAR: COMMITTEE STUDY SESSION: YUBLiC HEARING: RECOMMENDED ACTION: Appoint a member to the Desert Classic Charities Charity Evaluation Committee. EXECUTIVE SUMMARY: • Desert Classic Charities is responsible for distributing funds to local charities generated from the Humana Challenge Golf Tournament. • Per a Use and Marketing Agreement, the City, at its option, may have a representative on the Charity Evaluation Committee ("Committee"), who would review applications and help determine, with the group, the distribution of funds. • Each year the City Council appoints a member to the Committee. (A list of the 2013 Committee members is provided as Attachment 1). BACKGROUND/ANALYSIS: On July 5, 2011, a Use and Marketing Agreement ("Agreement") was entered into by Desert Classic Charities and the City updating the terms and conditions of the 2007 Amended Use Agreement and the Supplemental Marketing Agreement for 2011. This Agreement outlines the roles of the Desert Classic Charities and the City for the Humana Challenge Golf Event. In exchange for the marketing benefits for the City, the City provides public safety, waste management, and parking services for the Humana Challenge event. Additionally, the City may have a representative on the Fund Distribution Committee. This provides the City with input on determining the local charities that receive funds from the event. rya As part of this Agreement, "The City, at its option, may have a representative on the Charity Evaluation Committee ("Committee") during the term of this Agreement. If the Committee is dissolved, the City will hold a seat on the replacement committee that determines the distribution of the charitable funds generated by the Humana Challenge Tournament. The representative shall have the same voting rights and other privileges as all other members of the Committee." Committee members are assigned three to five applications by local charities by December 1, 2013, and are responsible for providing a written recommendation of each applicant based on the member's interviews, site visits, and research of the organization. City Council Member Evans served on the 2013 Committee. This year's Humana Challenge Tournament will be held January 15 through 19, 2014. ALTERNATIVES: If the City Council chooses not to appoint a member this year, Desert Classic Charities may assign the vacancy to another person associated with the event but not with the City. Report prepared by: Steve Howlett, Golf & Park/Landscape Manager Report approved for submission by: Edie Hylton, Community Services Director Attachment: 1. 2013 Committee List [.*N ATTACHMENT 1 CHARITY EVALUATION COMMITTEE January 1, 2013 KEENAN BARBER ERNIE DUNLEVIE LINDA EVANS JOHN EVENSON JOHN FOSTER TERRY HENDERSON JOE KIRBY VIC LO BUE ROGER LOW KEVIN MC GUIRE BILL POWERS JIM REED, Chair A. J. STAPLES EUGENE WEISBERG DICK ZEIGLER FA o� u,tcv � o� V s y ,rY c�tit OF CITY / SA / HA / FA MEETING DATE: October 1, 2013 AGENDA CATEGORY: BUSINESS SESSION: 4 ITEM TITLE: APPROVE PERMIT TRACKING SOFTWARE SYSTEM AGREEMENT WITH CRW SYSTEMS, INC. CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Approve agreement with CRW Systems, Inc. for new permit tracking software and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY: • An independent assessment was made of the City's information technology systems in December 2012 and identified the City's current manual permit tracking process as inefficient. • A new permitting system will allow the City to enhance customer service for businesses, vendors, and contractors that work with the City on a daily basis and advance the "one -stop shop" customer service approach being implemented in the City. • A request for proposals was issued and out of five responding vendors, CRW Systems, Inc. ("CRW") was unanimously chosen by the Process Action Team (PAT) as the best -qualified vendor. • The attached agreement (Attachment 1) with CRW includes training services and software for cloud based computing, which will reduce the need for expensive equipment and guarantees comprehensive disaster recovery services in the event of a natural disaster. FISCAL IMPACT: The one-time cost to purchase and implement the new software system is $288,050. A limited number of mobile devices and tablets will be needed to support the new system's remote access for code enforcement, building inspection and public works field services costing approximately $4,500. Also, an annual subscription for the required ongoing license agreements for proprietary software is $41,500. A total of $850,000 was appropriated for technology investments in the Fiscal Year 2013/2014 budget. Funding for this project will be taken from the Information Technology Internal Service Fund. BACKGROUND/ANALYSIS: In August 2012, the City initiated a service delivery review identifying a number of initiatives that would streamline City operations and services, which included establishing a development and building permit processing center and increasing over-the-counter permit approvals. In December 2012, an assessment of the City's information technology systems was conducted to identify technology capacity and existing risk. The two most important findings were the need to modernize the finance/human resources system as well as initiate a permit tracking system. Upgrade of the finance/human resources system is currently underway. In April 2013, the City entered into agreements with NexLevel Information Technology and Henson Consulting Group to assist in establishing a rigorous review process for software options, to provide guidance in the selection process and to identify the system and resource changes that this new system will require. NexLevel was tasked with establishing permitting system core requirements and review of the City's use of technology; Henson Consulting was tasked with establishing technical committees and a PAT to lead up to software implementation. On June 10, 2013, a request for proposal was distributed to select a vendor for permitting system software and associated training services. At the same time, a PAT was established and comprised of City staff across affected departments. Five proposals were received and evaluated by the PAT. Two vendors were invited to a proof of capabilities demonstration with staff, including CRW Systems. CRW Systems, a California -based private corporation solely focused on permit tracking software for local governments, provided an outstanding product designed for cities the size of La Quinta. Features of the new software are as follows: • Automatic data integration with iPads will enable staff to access the City's system from the field. • Comprehensive permit and licensing modules will enable residents, businesses, contractors and other agencies to apply and upload documents for development applications from the City's website. • Electronic plan review will enable plan sets to be viewed and edited online thus reducing resources and time spent on the project review. IMA • The citizen response system fully integrates with the City's GoRequest system to manage resident issues and complaints. • Electronic and automated workflows to replace manual processes. CRW demonstrated a strong willingness to support the City's efforts to streamline commercial/residential development processes. Their Trakit product will enhance staff's ability to carry out daily functions while improving customer service. CRW also provides cloud based computing, which allows access to programs and applications in a secure environment over the internet. Cloud computing reduces the upfront cost needed for expensive server equipment, reduces the demand on internal information technology resources, and guarantees comprehensive disaster recovery services in the event of a natural disaster. In the last three years, cloud computing has become a reliable and cost effective alternative for public agencies. Based on the criteria identified in the request for proposals, staff's full support of the product, and CRW's ability to provide industry best practices, staff recommends that CRW Systems be awarded the agreement. ALTERNATIVES: The PAT thoroughly reviewed and evaluated the related software options and found the most cost effective, capable vendor. Alternatively, the City can remain with the current manual process. Report prepared by: Chris Escobedo, Assistant to City Manager Report approved for submission by: Frank J. Spevacek, City Manager Attachment: 1. CRW Systems Agreement F�k] This Professional Services Agreement for Software Hosting and Maintenance (Community Development Software Solution) (this "Ageememt")|sentered into this ____ day nf byand between CITY0FL8CW|NTA,aCa|Komia municipal corporation (hereinafter "CLIENT") and CRW SYSTEMS, INC., a California corporation (hereafter "CRAJ") for professional services asspecifically provided herein (hereafter referred »aas"thePnoject"). A. SCOPE OF SERVICES A.I. PROJECT DESCRIPTION: The Project is more specifically defined as follows: CRW will provide to CLIENT TRAKiT software access and related services (collectively, the "Application Services") as described in Exhibit A. AZ AGREEMENT CONTENTS: This Agreement includes the following Exhibits, all of which are attached hereto and incorporatedhenein: Exhibit A. Scope pfServices. ExhibitB. Project Milestones and Payment Schedule. Exhibit C. Project Cost Summary Enh|bitD. System Acceptance Testing ExhibitE. Software License Agreement A3. COMMENCEMENT DATE: A.11. The commencement date for the Application Services uzbeprovided byCRAF (the "Commencement Date") shall be the date upon which CRW is in receipt of all of the following: (a) a fully executed original ofthis Agreement, and (b)written notice ioproceed provided byCLIENT and transmitted byelectronic mail toCRVV'sdesignated contract representative, [RVVshall not beobligated io perform any work pursuant to the Project, including labor or materials, prior to the Commencement Date. A.3.2. The time schedules provided |nExhibits Aand 8are subject mCLIENT providing all necessary information toCRVV|natimely manner. &4 TERM: �4�1 The term ofthis Agreement shall heGyears from the Commencement Date. CLIENT may renew the Agreement at the end of the initial 5 year term based on the schedule provided in Exhibit C. A.4.2 Time is of the essence forthis Agreement and each provision of this Agreement, unless otherwise specified inthis Agreement. B. DUTIES AND RESPONSIBILITIES OF CRVA 0.1. SCOPE OF SERVICES: B.1.1. Commencing on the Commencement Date, CRW shall perform the following Application Services in accordance with the schedule inExhibits Aand B: (l) Create User Profile and database for Application Services. (I) Provide necessary URLlinks toCLIENT for access mApplication Services. (3) Provide data conversion of CLIENT'S existing data and incorporate data into CRW system, as described inExhibits Aand B. Pagel City ofWMima,CA Contract No. 3013-135S (4)Provide configuration assistance inaccordance with work processes and business rules established prior tothe Workbook Collection meeting. (5) Provide CLIENT training, asdescribed in Exhibits Aand 8. (6)Provide remote access support during and after implementation. CLIENT to provide local workstation with remote connection and appropriate remote access software. (7) Provide client with introductory/welcome communication from assigned CRW Project team within 48hours ofCommencement Date. B.L2. CRVVshall configure software and database, and shall provide all services inaworkmanlike manner in accordance with the Scope of Services, subject to the terms and conditions as statedinthisAgeement. Any additional services must be evidenced by a written modification of this Agreement, or change request pursuant to Section C of this Agreement. Hardware is leased by CRW through RackSpace, Inc. Services are provided by CRW, however, CRW does not provide hardware as part of this Agreement. All required items for implementation are included Exhibit [. ORW shall provide the following maintenance and support services mCLIENT: 131A. TRAKKsoftware modifications uzcorrect bugs orerrors that are reported tmCRWbyCLIENT. 131Z rmAKFFsoftware updates that are posted from time totime byCRWnnweb site (www.onw.00m/upport/cumomer — support). 813. Technical support via telephone. Toll -free phone access isprovided byCnvv(888-279-2V43). &14. Technical support via web form onCRvVweb site (wwwzrwzom/suppou). 13.15. TRAKiT Software enhancement requests may besubmitted byCLIENT tm[RVV Enhancement requests will bereviewed by[RNand may beincorporated |mofutunene|eases.CUENTunderstands that submittal of enhancement request does not obligate CRW to provide software modification, unless such modification is necessary to cause the software to perform as set forth in this Agreement 13.2.iii. CLIENT may register for free and enroll in CRW training classes for System Administrators or Users. Neither CLIENT nor CRWshall be responsible for any damages resulting from delays outside of its reasonable control, including, but not limited to, (a) failure of CLIENT to furnish timely information; (M failure of CLIENT to timely approve or disapprove of CRW's work, and/or (c) strikes, lockouts, accidents, or acts of GOD. 13.4� SERVICE LEVEL AGREEMENT: The provisions ufthis Section a.4 shall constitute eService Level Agreement ("SLA"). The purpose ofthis Service Level Agreement istoensure that the proper commitments are inplace mprovide consistent ITservice support and delivery toCLIENT byCRVV. This SLA is valid from the effective date of the underlying Agreement in which it is included and isvalid until further notice. Coverage parameters specific to the services outlined herein are asfo|lows- 13/4A.1. Telephone and Email support is available during normal operating hours between S:U0xw1tqS:UUPrw(PST)Monday through Friday. Calls received out ofoffice hours will hereceived byCRN/sautomated messaging system andbeste8onzwiUbe made totake action many after-hours requests. Calls received after hours will be addressed nnthe next working day ifCmVViuunable tptake actions tosuch after- hours equestsatthet|methereouestsanemade. Enuibreceived outside mfnormal operating hours will becollected, however, no action can be guaranteed until the next working day. Page City of LICEuima,(A Contract No.3O1]-125S Upon notification by CLIENT of an error, defect, malfunction or nonconformity in the TRAKiT Software, [8VVshall respond asfollows: 13�.2.1. SEVERITY 1:Produces anemergency situation inwhich the TuA0TSoftware is inoperable, produces incorrect results, orfails catastrophically. continue to provide best efforts to resolve Severity I problems in less than forty- eight (48) hours. The resolution will be delivered to CLIENT as a work -around or as classification will drop to Severity 2. m.41Z SEVERITY 2: Produces a detrimental situation in which performance of the TRAMT Software degrades substantially under reasonable loads, such that there is a severe impact on use; the TRAKiT Software is usable, but materially incomplete; one or more mainline functions orcommands isinoperable; orthe use isotherwise significantly impacted. RESPONSE: C0Nwill provide aresponse bwaqualified member ofits staff uzbegin to diagnose and tzcorrect aSeverity 3problem assoon asreasonably possible, but inany event aresponse via telephone will beprovided within six (6)hours. CRVVwiU exercise best efforts to resolve Severity 2 problems within five (5) days. The resolution shall be delivered to CLIENT in the same format as Severity 1 problems. If CRM1 delivers an acceptable work -around for a Severity 2 problem, the severity classification will drop to a Severity 3. 13�4Z1 SEVERITY 3:Produces aninconvenient situation inwhich the TRANTSoftware is usable, but does not provide afunction |nthe most convenient orexpeditious manner, and the user suffers little mrnosignificant impact. RESPONSE: CROJwill provide afix orfixes for Severity 4problems within l5days or atthe next scheduled maintenance release, whichever occurs first. M1.4. SEVERITY 4: Produces a noticeable situation in which the use is affected in some way which is reasonably correctable by a documentation change or by a future, regular release from CRYV. RESPONSE: CRVVwill provide afix orfixes for Severity 4problems within 15days or at the next scheduled maintenance release, whichever occurs first. MZS� For the purpose ofthe response listed above, an "hour" is defined asone (1) business hour during CRA/ office hours, and a "day" is defined as one (1) business day during CRW office hours. [Rmprovides hosting services through the RackSpaceCloud Server solution. Atany time, CRVVmay change hosting providers. Advanced notice will beprovided mCLIENT prior toswitching hosting provider. (1) RackSpace offers a 99.9% optima guarantee for all Cloud Server environments. The environment provided toCLIENT may bcshared byother agencies. (2) CRO1 compiles daily database, image, document, and custom report backups of CLIENT environment. Daily backups are stored for seven (7) calendar days unaseparate server maintained by[RVV. (3) in the event of data corruption or system failure, CLIENT must notify CRW of the event. CRvVcon utilize one of the daily backups for recovering any data lost up until the point of the last daily backup. (4) Archived backups will be maintained monthly for 3 months providing 3 archived backups. Client can request backups as needed. (5) CRVVwill provide two (2)separate environments tmCLIENT, All updates and releases will be deployed to the CLIENT's TEST environment with notification sent to the CLIENT's Page City of LIQZjima,CA Contract No. 2013-1253 representative. once an update is reviewed by CLIENT, formal notification must be sent to CRW to deploy the update orrelease »mthe LIVE system. Testing bthe responsibility ofCLIENT prior to roll -out among all users. �� Security CRW outsources security tonackSpaoefor maintaining data and access uzthe Cloud Server environment. (1) RackSpace Cloud Servers are maintained in an undisclosed data center location. (2) CLIENT must obtain an SSL certificate should a higher level of encryption be required by CLIENT. BA.S. Batch Import Roudme/nterfaces Should CLIENT require updates to the CRW database maintained in the hosted environment, the following parameters are used for deploying or updating data omaregular schedule. (l) CLIENT is responsible for maintaining ME data in an ESRI supported environment, CRWdoes not maintain any G|Slayers within TRAKiT. CKVVwill use CL|EN7sQSparameters todisplay information within CRVV'sT0&KiTapplication. (2) Batch file exchanges with CLIENT's financial application will occur once daily. End ofday batch files can be automated from TWIT to an FTP site for download and use within CLIENT's financial application. <3> Updating data stored within TxAKiTfrom acentral land record system can beautomated into GeoTRAK. CLIENT must upload acopy mCRW/sFTPsite and notify CRVVufthe file. [0NwU| incorporate this land data into TWIT one (1) time annually as part of this agreement. C. DUTIES & RESPONSIBILITIES OF CLIENT C.I. INFORMATION TO BE PROVIDED BY CLIENT: CA.1. CLIENT will provide all information necessary for CRW to establish the TRAKIT control files, including but not limited to: (1) Current valuation and fee structures. (2) Current activity types (permit, project, license, and/or code case) designations and categories. (3) Any exceptions to the typical processes, or any special processing requirements. C.1.2. CLIENT will provide CRW with access to CLIENT workstations as needed for technical support or '��3. CLIENT will ensure and provide that staff who will be trained in the use of CRaV software will have sufficient basic knowledge ofpermit processing and MS -Windows functions. C.1.4 CLIENT will notify CRaV of CLIENT's Project team, including a Project manager (the "Project Manager"). Notwithstanding anything herein to the contrary, the Project Manager shall be responsible for the day- to-dayimp|ementadonofthePn4ect,andCRYVsha!|indudethePn4ectManagarinany communications regarding the implementation ofthe Project. �11. CLIENT understands that timely completion ofthe Project isdependent insignificant pmrtuppnthe timely cooperation ofCLIENT |nproviding information toCRwnecessary tocomp|etethaPn8ect, including, but not limited to: (a) Data obtained from CLIENT'S present system to be incorporated into the new CRVVsystem; and(b)intormatinnna|atiwetodesinedpermitformutobeinoorponatedintnthe CRW system. CLIENT agrees to compensate CRW for professional services rendered under this Agreement for the total initial contract price of$288,0GV[Two Hundred Eighty -Eight Thousand, Fifty Dollars] which amount |sinclusive ofall labor and materials associated with this Project as specified in Exhibit C (the "Total Contract Price"). The Total Contract Price does not include any changes to the Project as may be requested by CLIENT and incorporated into the Project pursuant to a written request by CLIENT's representative as provided in section 1.1 of this Agreement (the "Client Representative"). CRW agrees to provide on a monthly basis an itemized report showing amounts billed to CLIENT. Page City of LJMima,Q\ Contract No. B313-12S3 Sales, Use, Excise, orany State o/Local twesand/or|icenseswhichmayapplytothePmjec are the responsibility of CLIENT. U.S. TERMS OF COMPENSATION: CRW will submit invoices forwork performed according to the payment schedule shown in Exhibit B. E. CHANGES AND ADDITIONS TO THE WORK EA REQUIREMENTS OFWRITTEN CHANGE ORDERS: CLIENT may request CRW to perform additional services not covered by the specific Scope of Work as set forth in Exhibit Aofthis Agreement. Any such requests shall besubmitted |nwriting, and shall besigned bythe CLIENT Representative and anauthorized representative ofCRVV, Such signed requests shall include adescription ofthe additional services tobeperformed. Notwithstanding anything ^mthe contrary herein, any such requests signed by the CLIENT Representative, or other authorized agent of CLIENT, shall, upon signature by authorized representative of CRW, be deemed authorized by CLIENT and shall bind CLIENT to its terms. Any such additional work performed byCRW shall beadded tothe Total Contract Price and billed inaccordance with the nature wfthe work asagreed byCLIENT and CRVv, CRVVwill not commence any additional services for the CLIENT until written authorization has been given by CLIENT's Project Manager and approved by CRW, as provided above. F. 1. INDEMNIFICATION: �L1. CNVVshall indemnify, defend and hold harmless CLIENT from and against any claims, based upon infringement ofany United States copyright trademark orpatent bythe Software. CLIENT agrees to notify CRW of any such claim promptly in writing, CLIENT agrees to cooperate fully with CRW during such proceedings. CRW shall defend at its sole expense all proceedings arising out of the foregoing. In the event of such infringement, CRW may replace, in whole or in part, Software with a substantially compatible and functionally equivalent computer program or modify Software to avoid the infringement. F.11 CRWshall indemnify, defend, and hold harmless CLIENT, and 0ENT's officers, officials, members, employees, volunteers, representatives, and agents (co|lective|Kthe "CLIENT |ndemnhzes^),from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable attorney's fees and costs of litigation (collectively, "Claims"), arising out of CRW's performance of its obligations under this Agreement and/or out of the operations conducted by CRW, except to the extent such loss or damage arises from the sole negligence or willful misconduct of CLIENT. In the event the CLIENT Indemnitees are made a party to any Claim, CRW shall provide a defense to the CLIENT Indemnitees or at the CLIENT's option reimburse the CLIENT Indemnitees their costs of defense, including reasonable attorney's fees, incurred in defense of such F.2. INSURANCE: Without limiting CRVV'sindemnification ofCLIENT, and prior to the Commencement Date, CR0shall obtain, provide and maintain atits own expense during the term ofthis Agreement, policies of insurance of the type and amounts described below and in a form that iasatisfactory to CLIENT. Page City of Oftima,C4 Contract No. 2O13-lJS3 personal injury, and property damage, including without limitation, blanket contractual Automobile flability insurance. CRW shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CRW arising out of or in connection with the work and services to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Umbrella orexcess liability insurance, CRW shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than 4,000,000 that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy orpolicies shall include the following terms and conditions: A drop down feature requiring the policy to respond if any primary insurance that reason', Pay onbehalf ofwording asopposed ooreimbursement; [oncu/rencyofeffective dates with primary policies; and Policies shall "follow form" to the underlying primary policies. Insureds under primary policies shall also be insureds under the umbrella or excess policies. Workers' compensation insurance. CRNshall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least CRAV shall submit mCLIENT, along with the certificate ofinsurance, eWaiver of Submgationendorsement |nfavor ofCUENT,Ksofficers,agents,employee and volunteers. Proof of insurance. CRW shall provide certificates of insurance to CLIENT as evidence ofthe insurance coverage required herein, along with awaiver nfsubrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by CLIENT's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CLIENT at all times during the term of this contract. CLIENT reserves the right to require complete, certified copies of all required insurance policies, at anytime. Duration of coverage. CRW shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise CLIENT's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, CLIENT has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CLIENT will be promptly reimbursed by CRW or CLIENT will withhold amounts sufficient to pay premium from CRW payments. In the alternative, CLIENT may Page City of 1-45u|ma,[A cancel this Agreement. Acceptable insurers. All insurance policies shall beissued byaninsurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class All (or larger) inaccordance with the latest edition ofBest'uKey Rating Guide, unless otherwise approved by CLIENT's Risk Manager. Waiver ofsubrogation. All insurance coverage maintained nrprocured pursuant onthis agreement shall be endorsed to waive subrogation against the CLIENT |ndemnbeesnrshall specifically allow CRN or others providing insurance evidence in compliance with these specifications to waive their right ofrecovery prior toaloss. CnVVhereby waives its own right ofrecovery against CLIENT, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of contract provisions (non estoppel). CRW acknowledges and agrees with any requirement imposes no additional obligations on CLIENT nor does * waive any rights hereunder. Specifications not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of cancellation. CRW shall obligate its insurance agent or broker and insurers to provide CLIENT with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional insured status. General liability policies shall be endorsed to nrnviria thnt the CA IFNT IndPnin1tPPq qh.-,Il he -riditional insureds Utcler such oolicies. This orovision shall akin CLIENT's right to revise specifications. CLIENT reserves the right at any time giving CRW ninety (90) days advance written notice of such change. if such change results in substantial additional cost to the CRVV, CLIENT and CRVV may renegotiate CRW's compensation. Self -insured retentions. Any self -insured retentions mustbededaredtoandapprovadhy CLIENT. CLIENT reserves thehghttnrequiethatself-insuredret nMonsbeeUminoted, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved byCLIENT. Timely notice ofclaims. CRWshall give CLIENT prompt and timely notice of claims made nrsuits instituted thatahseoutofornsult from CRVVsperformance under this Agreement, and that involve or may involve coverage under any of the required liability Page City of LJ Wima,C& Contract No. 2U13-1J53 Additional insurance. CRNshall also procure and maintain, atits own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution ofthe Work. CRW shall deliver to CLIENT an updated Certificate of Insurance and all applicable endorsements for Item F.2 with every invoice submitted during the term of this Agreement. CRW will not modify or cancel its General Liability Insurance without written notification and approval from the [UEm[ G. TERMINATION G.I. TERMINATION OF AGREEMENT �Ll. This Agreement may be terminated byCLIENT atany time, with n,without cause, upon written notice tmCRVV(any such notice, a"Termination Nmtice"). Notwithstanding the date ofany such Termination Notice, termination shall be effective upon receipt by CRW of such Termination Notice. |nthe event of termination by CLIENT, CLIENT shall pay CRW for all services and materials provided to CLIENT pursuant to this Agreement up to and including the date of receipt by CRW of the Termination Notice. G.11. |nthe event CLIENT terminates this Agreement, CLIENT agrees tuimmediately return all source code or other materials provided toCLIENT byCK0,and todestroy, erase, and purge all software provided by CRmfrom any and all CLIENT computers. G.13. Within 30 days of termination CLIENT agrees to provide CRW with written confirmation that all CRW software has been destroyed. H. OWNERSHIP OF DOCUMENTS HJOWNERSHIP OF DOCUMENTS: H.�1. All plans, specifications, reports, and other design documents prepared by CRW pursuant to this Agreement shall become property ofCLIENT. H.IZ All source code for computer programs or modifications to programs, which are produced or used pursuant to this Agreement shall be deemed, and remain, the intellectual property of CRW and are protected under the copyright, patent, or other laws, of the United States as well as other jurisdictions where such programs are being used. H.u.3. CLIENT agrees to respect CRWs purported ownership of any such proprietary rights which may exist, including patent, copyright, trade secret, trademark and other proprietary rights, in and to CRWs software provided hereunder and any corrections, bug fixes, enhancements, updates or other modifications, including custom modifications, to said software, whether made by CRW or any third party onbehalf nfC0W. Under nncircumstances shall CLIENT sell, license, publish, distribute ur othenwisetmnsfertmathirdpmrtyanyofCRVVssuftwarepmvidedhe/eunderoranycopythenemtin whole orinpart, without CRN'aprior written consent. 14.11. CRW shall maintain a software escrow account. A copy of the latest source code for the software being installed by CRW pursuant to this Agreement shall bedeposited inthis escrow account. 1-11.12. CRVVwill pay the entire cost mfthis source code escrow account. H.11 CLIENT will be registered as a Registered Beneficiary of the Software Escrow Agreement. COMMUNICATION THROUGH CLIENT/ CRW DESIGNATED REPRESENTATIVES representative of CLIENT and a designated representative of CRW as identified below. Page City of LiQluima,CA Contract No. 301S'1253 Li. DESIGNATED CONTRACT REPRESENTATIVES: L1.1. The designated representatives of CLIENT and CRW is as follows: CLIENT CRW Name: Frank J. Spevacek Christopher R. Wuerz, P.E. Title: City Manager President, CRA1 Systems, Inc. Address: 78-495 Calle Tampico 2036 Corte Del Nogal Suite 200 La Quinta CA 92253 San Diego, CA 92011 Email: fspevacek@la-quinta.org Email: chris@crw.com |.1Z |fthe designated representative oraddress ofeither party changes during the term ofthis Agreement, z written notice shall be given to the other party prior to the effective date of change. 1.2 DESIGNATED SYSTEM ADMINISTRATOR: |.1L The CLIENT Representative shuUidentifyandde$gnate5ystemodminbrrat s. All communication related to day-to-day operations of the system, including system maintenance, systems problems and/or troubleshooting, shall be made to CRW only through either the designated representative(s) of CLIENT, orthe System Administrators asidentified below. 1.21. The System Administrators shall participate in all training sessions conducted by CRW as required by this Agreement, and shall become fully knowledgeable and competent to use all aspects of the system software. (it is highly recommended that the designated System Administrators be persons with experience and competence with personal computers,) |.23. The System 4dministrator($for CLIENT isdesignated asfollows: Name: CLIENT will designate the System Administrator within 7 days of contract execution. JL1. LICENSES: CRW shall obtain and maintain all business licenses as may be required by law. Throughout the term of this Agreement, CRW(its employees, subcontractors, consultants, and agents shall be considered aaanindependent onntractor(s). Nothing inthis Agreement shall beinterpreted toimply an employee -employer relationship between CLIENT and CRW. ing mAdiation of any dispute or claim, which remains unresolved after informal discussions. Both CRW and CLIENT shall negotiate in good faith to select a qualified mediator. |4. ATTORNB'S FEES: In the event that any legal proceeding is instituted by either CRW or CLIENT to enforce the terms of this Agreement or to determine the rights of CRW or CLIENT, the prevailing party in said legal proceeding shall be entitled torecover its reasonable costs and auomey'sfees. This Agreement, its interpretation and all work performed hereunder shall begoverned bythe internal laws mfthe State of California, without regard to conflict of law principles. Any legal actions must be instituted in the Superior Court of the County of Riverside,State ofCalifornia, o/inthe Federal District Court in the Southern District of California. Page City of Ll()§uima,CA Contract No. 2O1]-1253 All the terms, provisions and conditions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives. J.g. DUE AUTHORITY: CLIENT represents and warrants that the person executing this Agreement on behalf of CLIENT is an agent of CLIENT and has full and complete authority to execute this Agreement and enter into the terms and covenants provided herein, and has been designated by CLIENT to execute this Agreement on behalf of CLIENT. CRW represents and warrants that the person executing this Agreement on behalf of CRW is an agent of CRW and has full and complete authority to execute this Agreement and enter into the terms and covenants provided herein, and have been designated by CRW to execute this Agreement on behalf of CRW. 1.9. WARRANTY ON TITLE: CRW warrants that it has good title and all proprietary rights to the software that is the subject to this Agreement to enable it to license its use to CLIENT free of any proprietary rights of any other party or any other J.10. ENTIRE AGREEMENT: This Agreement contains the entire understanding and agreement between CRW and CLIENT. Any prior agreements, promises, proposals, negotiations or representations —oral or written —not expressly set forth herein shall be of no force or effect. In the event of a conflict between the terms and conditions of this Agreement and any document incorporated by reference, the terms and conditions of this Agreement shall prevail. This Agreement may be modified or amended only by written agreement signed by both CRW and the CLIENT. Any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. No member, official or employee of CLIENT shall be personally liable to CRW, or any successor in interest, in the event of ang default or breach b� CLIENT, or for any amount which may become due to CRW or its successors, or on any obligations under the terms of this Agreement. ..a This Agreement shall be valid only if it is signed by both CLIENT and CRW, and a signed original has been received by both parties on or before October 31, 2013. Page 10 City of LIinta, CA Contract No. 2013-1253 114. COUNTERPARTS, This Agreement may be executed in counterparts, each of which, when this Agreement shall have been signed by all the parties hereto, shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. CITY OF LA QUANTA, CA Dated: By: Frank J. Spevacelp City Manager CRW SYSTEMS, INC. Dated: By: hkowitz -Execritive Vice President Page 11 City of LAM! nta, CA Contract No. 2013-1253 Meetings: Project kick-off meeting; business process reviews software installation; database installation; project implementation meetings asspecified inExhibits Band C. URL and other instructions for accessing software services. TWIT core suite includes the following modules: 6enTRAK Standard level G|S,Penn|tTRAK CodeTRAK, UcenseTRAK,Workspace, and Reports. Deliverable: Requires a separateweb server hosting the ASPmETpages mprovide the following functions: (1) Purchase, pay fees, & print permits using one ofthe following vendors. Payment gateways not listed will incur onadditional cost. Payment gateway must bespecified within 3Ddays ofcontract execution. m PayPa|(payflmwPro and/or VVebskePayments Pro) • Authorize.NET(standard mode only) • Plug ^N'Pay (standard mode only) • USA ePay(standard and redirect mode) • USBank (redirect mode only) • Virtual Merchant (standard and redirect mode) • [S|e[nUect|ons(standard mode only) • Pay8ov/PayTmst(standard mode only) • Open Pay (standard mode only) (Q Includes one (1)standard Permit Form for online customers. Changes topermit form will incur anadditional cost. (3) Request inspections asaContractor mrCitizen. p8 Review inspection, review, condition, fee statuses and updates. (5) Search general license information. Requires the UcenseTRAKmodule. includes one (1) standard License form for online customers. Changes tmform will incur anadditional cost. (6) Interact with CLIENT CIS maps. Requires Advanced TRAKiTCIS level. (7) Create user |og|nsfor citizens and/or contractor login. (8) Inspector login tpchange/input results. (9) Reviewer login toupdate review notes and status results. B.3. Provide Mobile7RANmodule for field -ready WAD interface Deliverable: iTRAKIT module for Wad to provide the following functions: (1) Login asTRAKiTInspector. Page12 City of A Ouimta, CA � F4 (2) Complete and result scheduled PerrmtTRAKimpections from the field. (3) Utilize inoff-line mode without interne connection (G|Swill not update). (4) Provide access toGoogleMaps. (5) Calculate efficient route. (6) Upload photos from iPad, and view associated attachments (requires connection). �4. Provide eMarhpmodule for digital plan markup. Deliverable: eK8arkupmodule for uptofive (S)concurrent user licenses. (1) Login for review staff. (2) Ability toopen popand CAD files todigitally mark -um. Does not affect the source file. (5) Comment directly onelectronic plans. (4) Save plans back ,oPermi[reAKand PnojectTRAKattachments. (5) Provides up to (10) custom stamps. Additional stamps will incur an additional cost. (6) Installation pfmctiveXcontrol onworkstations requiring access. Provide data conversion services. Deliverable: Electronic transfer (via FTP or email) of converted database; services to develop conversion software for translation; services toperform data conversion; services toinstall converted data; services to investigate and correct any errors uncovered during conversion balancing and/or systemtesUng. Applies to: Land data from a single source. Applies to: Historical data from the Sungard HTE system, BuilderSquare, Excel spreadsheets, and Access databases. CLIENT will provide ^oCRWall tables and files that are necessary for historical dataccmersion.CUENTagrees/oprovideaU necessary files and data to CRW within thirty (30) days of Commencement Date. Provide software training. Deliverable: Provide System Administrator training for up to four (4) CLIENT staff during scheduled training at CRW designated facilities. Deliverable: Provide Report Writing training for up to four (4) CLIENT staff during scheduled training at CRW designated facilities. Deliverable: Conduct thee(3) days of on -site, hands-on System Acceptance training at CLIENT office. Class size is limited tmeight (mstudents per day. Deliverable: Conduct six (6) days ofw�ite, hands-on End User training at CLIENT office. Class size islimited to eight (8)students per day. CLIENT toprovide classroom space, workstations, and networked access to the server for all on -site classes at CLIENT facilities. |fCLIENT does not have hardware for conducting training, then CRVVcan provide pnskelaptop labs for an additional cost. Deliverable: Develop up to six (6) custom forms, and up to two (2) custom reports, as directed by CLIENT staff; provide standard (ICC or other) Valuation tables,- develop custom valuations and fee formulas as directed byCLIENT staff, using information provided byCLIENT. Deliverable: installation of forms, fee tables, types, inspections, and valuation tables in TRAKiT database. Elm Deliverable: Data import specification (using standard TKAKiTimport function) for monthly updates ofassessor CLIENT to provide information regarding fee formulas, usage, permit and license forms. CLIENT agrees to provide all necessary custom report and custom form definitions to CRA/ within thirty (30) days of project commencement date. Deliverable: Real-time exchange of attachments moved from TRAK7 into Laserfiche's storage. Custom interface design to be specified between CRW and CLIENT. Deliverable: Provide API integration for Smparty application currently used byCLIENT. CRVVwill provide the uut-of theboxR2STmP|semicesforApp. Deliverable: Tyler |ncodewill remain the CUENT'scurrent Licensing portal for processing all forms ofbusiness and animal licenses. CRW will create a one-way batch update routine to extract data from Tyler Incode to represent within LicenseTRAK. LicenseTRAK will only display records, and will remain un-editable to users ofTRAKK. CLIENT will provide export/SQL Views from Tyler |ncodefor TRAKKtoimport. a� Each quarterly invoice for hosting services shall include aremote link for access mabackup copy ufthe CLIENT data. b. CRW servers are hosted in an industry leading service center provided by RackSpace Inc. c All proposed implementation services, except for meetings msspecified herein, are conducted offsite. Pagel4 City of LJ Mimta,0 Contract No. 2O13'1Z53 L Contract Execution Notice to Proceed USEMM 900=31i=M UNKMZZM�� 101" LandTRAK Data Map Review FRE1111[m. 1", =41 12. Business Process Review Meeting 13. 1 St Draft of Data Mapping Document CLIENT signs contract and -provides Notice to Proceed. CLIENT reviews and sets initial CLIENT uploads all legacy databases quoted in the contract to CRW's FTP site. CLIENT receives remote access to servers. Customer provides I" payment for software licensing. CLIENT conducts meeting with CRW to discuss the delivery expectations for GIS data. CLIENT uploads geodatabase onto CRW's FTP site for data mapping. CLIENT conducts meeting with CRW to discuss the data conversion process and a brief review of the data structure. CLIENT signs -off on Data Source Document. CLIENT attends and participates in Kick -Off Meeting. Kick -Off Meeting is divided into 2 days day, followed by a review of the Configuration Guide. CLIENT reviews land data mapping document with CRW CLIENT provides initial workflows from various Departments for review. CLIENT provides information and participates in preliminary business process discussion. Sessions are divided among various Departments implementing TRAKiT. CLIENT to review data mapping document for legacy data provided by CRW. CLIENT provides all required spatial joins based on requirements. The finalized map CRW signs final contract CRW & CLIENT review Project Timeline; CRW delivers electronic copies of Configuration Guide. CRW provides FTP access for uploading all source files. CRW reviews initial data upload. CRW installs all TRAKiT software on CRW servers. One workstation will also be tested. CRW offers suggestions to ensure expected delivery is achieved. CRW provides a sample 'Map Template' to be used within TRAKiT GIS. Assumes October Contract signing October 2013 5�1111111W I LORM1050M HIMMUM CRW provides suggestions to October 2013 ensure expectations are reviewed. CRW conducts Kick -Off meeting onsite. Reviews Configuration Quk;le witX all Dttg2rtmc-Ats, 2nd— assists in completing LandTRAK data fields. CRW provides workflow samples for future discussions. CRW provides a draft of the Land data map based on GIS data provided and information requested by the user group. CRW reviews initial workflows submitted for Business Process Meeting. CRW assists the CLIENT with Workbooks and identifies process adaptations. eTRAKiT expectations and settings are reviewed for configuration. lwwqlq� CLIENT. CRW reviews the submitted from CLIENT. Page 15 City of Lal Vu i nta, CA Contract No. 2013-1253 15. eTRAKJT Credit Card Gateway C6. Workbook Collection Meeting 17. LandTRAK Data Map Sign Off 18. Data Mapping Document Sign Off 20Map Services Data Delivered 22. Workflow Processes Delivered 23. Second Payment Due 25% of Services 24. System Acceptance Users Trained 25. System Acceptance Testing Begins 27. External Interface Review template is also delivered to CLIENT provides CRW with eTRAKJT credit card gateway information for integration. CLIENT provides completed forms/reports; CLIENT attends department meetings to offer insight into workflow; CLIENT provides complete set of source data for conversion. CLIENT signs -off on LandTRAK data mapping document. CLIENT approves data mapping document after a review with WNW - by CRW. CLIENT delivers Map services and Map services data to CRW prior mInitial Delivery. CLIENT will attend the demonstration ofthe delivery. CLIENT receives written workflow processes from CRW. Customer provides 2~paymem for services. CLIENT will provide meeting space and provide upioeight (Q) staff for training. CLIENT "System Acceptance" Users verify accuracy and placement ofconverted data, forms & reports; CLIENT tests software configuration; CLIENT tests program interfaces; CLIENT tests software cugomizations; CLIENT notifies [RVVofdesired changes. CLIENT delivers revision list to CRm/� CLIENT tests any externa|data interfaces provided byCRVV includes land update routine, accounting interface, and other data importroutines. CRW reviews credit card parts and prepares ascope for CRWcollects CLIENT responses »oWorkbooks; CRmconducts Department meetings mensure understanding of responses and discuss procedural needs; [R@ reviews data toconvert with CLIENT, CRvVfinalizes data map for CL|ENTsigneff. CRAYmprovide data mapping documents, layouts, and ex |anations. CRW configures system according mWorkbook responses and meeting discussions; CRVVconverts historical data; CRVV creates/customizes reports and/or forms (e.g. Permit Form). CRVVconfigures Map services with data. [RWinstalls and demonstrates configured system with various Departments. eTRAXU va|idaUmn/prefenencesane reviewed with CLIENT. [RVVdelivers asample set of workflow processes toCLIENT for review and use during CRW provides training materials and laptops with initial system configuration. CRW receives change requests from CLIENT and makes necessary revisions. CRWeceives review comments f romCUENT andbegins adjustingf d CRVVreviews any external data import/xportnouUnas prepared for CLIENT. 911111111M�� ZMERM& January -February 2014 Ennis= xffmlpm mmoillvm I Task 28. Revised Delivery 29, Third Payment Due 25% of Services WGIS Final Review 32. eTRAKiT Final Connection Validated 34. System Acceptance Testing Ends 35. Fourth Payment Due 25% of Services 36. CLIENT Support Transitior Call 38. General System Administration Training CLIENT continues review of [RWdelivers revisions to CLIENT. Customer provides 3,d payment for services. CLIENT tests map services and updates with CRW. CLIENT delivers final revision list tocRw/. CLIENT validates the configuration settings for eTRAKiT portal. CLIENT reviews final items CLIENT approves final system CLIENT provides 4"payment for services. CLIENT attends remote discussion with CRVVCLIENT Support team. CLIENT core users attend amini System Administrator training session prior uoGoLive. CLIENT provides final extract of historical data to CRW. CLIENT provides final payment. CLIENT assembles various Departments for review with CLIENT provides System Administrators for training at remote location. CRW finalizes CIS configuration for GoLive. 0Weceives review comments from CLIENT and makes final CRVVprovides remote assistance for eT0uKiTpayment portal. Target Date April 2014 April 2014 CRW installs modified system. May 2014 CRVVintroduces CLIENT Support team along with expectations for using technical assistance after GmLive. CNVxpmvides training materials and laptops with configured CNVVconducts anaccelerated System Adminsession with core users for user privilege and general configuration management. CRVVconverts data and loads onto CUEN7sserver. CRVVprovides GoLive support nnaite. May 2014 May2O14 ]une3Dl4 Zweeks after System Acceptance ends. ]une2O14 ]vne2O14 ]une2Ol4 Sndays after completion of Go Live. CR$conducts anorohefollow- 45days after upvisit 4Gdays after GoLive. completion ofGoLive. CRWtrains CLIENT staff at any Date and location to ufthe following locations & bedetermined based dates. on availability. Target dates onthis schedule are intended mreflect projected completion dates for the respective milestone. Page17 City of Ld Mints, CA A. SaaS Modules Included GeoTRxK, StandandTRAKiT CIS (ArcG|SServer Version l0.1and above) 10'000 Module permitTRAK $ 9'500 Module PnojectTRAK $ 9,500 Module AECTnAK Included Module CodeTRAK $ 9,500 Module UcenseTRAK $ 9,500 Module CRK8TNAK $ 9,500 Module eKXarkup $ 30,000 Module KRAKK(K4obUeTVAK) $ 10,000 Module eTRAKiT $ I3,500 module Citizen Central integration w/3*party sop $ 5,000 API Laserhcheintegradon $ 5,000 End -User Licensing (concurnent) $ 36'500 20 Users Sub -total. $ 150,050 B. Implementation & Project Management System Configuration $ 13,500 ZO class. Types Control Tables Setup $ 12,000 CIS Integration $ 2,500 eK4arkupConhguebpn $ 7,000 HRAKFF[nnfi@nraUon g 2,500 eTRAKiT[nnfiguradmn $ 5,000 TRAKVSystem|nmaUaUnn—Support $ 1'500 1 remote day Kick-off Meeting $ 5,000 2 Days Business Process Review (QPRMeeting) $ 7,500 3 Days Project Meetings (on -she) $ 12'500 S Days CRVVGo-Live Support g 5,000 3 nays Sub -total: $ 69,000 C. Data Conversion Assessor, mrCIS import g 5,000 Assessor prCIS data Historical Data $ 7,500 Sungard &Access database Sub -total: $ 12,700 D. Training Services End User Training 17,500 7 days System Acceptance Training $ 7,500 3 days System Adm|n/ReppuWriting Training $ 3'000 Z seats Online Instructor -Lead VVah|nars $ Included 10 hours Sub -total: $ 28'000 E. Travel IS Expenses $ 17,850 F.Contingencies /Cvstommioativnw Custom Reports $ 3,000 3 reports Custom Forms $ 6,000 6 forms EDrNS|ntegration Included Laserfiuhevia Imaging Link Sub -total: $ 9'000 Page 18 City of LalkZinta,0 Contract No. 3O13'l253 Annual Maintenance with Hosting Fee* TRAKiT Annual Maintenance Fee plus hosting fee - Year 1 $ 41,500 20 Users TRAKiT Annual Maintenance Fee plus hosting fee -- Year 2 $ 41,500 20 Users TRAKiT Annual Maintenance Fee plus hosting fee - Year, 3 $ 41,500 20 Users TRAKiT Annual Maintenance Fee plus hosting fee •- Year 4 $ 41,500 20 Users TRAKiT Annual Maintenance Fee plus hosting fee - Year 5 5 41,500 20 Users TRAKrr Annual Maintenance flee plus hosting fee - Year 6 $ 50,000 20 Users TRAKiT Annual Maintenance Fee plus hosting fee - Year 7 $ 50,000 2.0 Users TRAKiT Annual Maintenance Fee plus hosting fee - Year S $ 50,000 20 Users TRAKiT Annual Maintenance Fee plus hosting fee - Year 9 $ 50,000 20 Users TRAKiT Annual Maintenance Fee plus hosting fee - Year 10 $ 50,000 20 Users * First year Annual Maintenance Fees are due at System Acceptance. Second and subsequent Annual Maintenance Fees are due on the Anniversary of System Acceptance. The CLIENT, at its sole discretion, may select or decline each of the above items at the quoted price individually prior to ane (1) year from the original date of this contract. The completion time for I items will be mutually agreed upon by CRW and the CLIENT at time of selection by CLIENT of any of the above optional items. Additionally, the CLIENT may opt out of modules, services, and items listed in Exhibit C within 120 days of Commencement date of agreement. Page 19 City of LJ Minta, CA Contract No- 2013-1253 CLIENT shall commence System Acceptance tests upon written notification from CRW that system software and database conversion has been installed and is ready for System Acceptance testing. Testing shall be conducted at CLIENT site, using CLIENT computer hardware. CLIENT staff will conduct all System Acceptance Testing. 2. CLIENT shall be allowed a period of forty-five (45) business days for System Acceptance Testing, beginning from the date of notification as provided in paragraph 1 above, and continuing, and completed, as provided in paragraphs 3 and 4 below. CLIENT shall immediately advise CRW, in writing, of any error, or perceived error, discovered at any time during the testing period. Upon delivery of written notification sent via electronic mail from CLIENT to CRW that a software system or database conversion error, or other problem, has occurred, CRW shall have ten (10) business days to address and correct such error so as to render the system operable and (1) to acknowledge such notification. CRW shall provide written notice to CLIENT that the error has been corrected. During the time period between notification of any error until such time that CRW advises CLIENT of correction of such error the forty five (45) day System Acceptance test period shall be suspended. The forty five (45) day System Acceptance test period shall resume upon notice by CRW that the previously noticed errors have been corrected and once the corrections have been made available to the CLIENT. CRW shall provide written notice to CLIENT when the forty five (45) day System Acceptance test period has expired. Thereafter, CLIENT shall have ten (10) business days to provide CRW with written notice of any remaining errors or problems. ACCEPTANCE SHALL BE DEEMED TO HAVE OCCURRED AT THE LATEST OF THE FOLLOWING DATES: (a) THE DATE WRITTEN NOTICE IS PROVIDED BY CRW TO CLIENT THAT THE FINAL PROBLEMS IDENTIFIED BY CLIENT PURSUANT TO THIS CLIENT may begin using the software for productive use following completion of the System Acceptance tests. "Productive Use" shall include the issuance of any building permits, inspections and/or fee collection from the general public. CLIENT may not begin to use the software for productive use prior to completion of the System Acceptance tests. If CLIENT begins using software for productive use prior to completion of the System Acceptance test, then the System Acceptance test will be deemed completed and satisfactory. Page 20 City of La1 Mints, CA Contract No. 2013-1253 This perpetual License Agreement (this "License Agreement") for the use of "Community Development Software" (Software) developed and marketed by CRW is granted to CLIENT by CRW as of the date of this License Agreement. SUMMARY OFLICENSE TERMS 1Software is marketed by CRW under the title of "TRAKHr". 1 Software provided to the CLIENT under this License Agreement allows the CLIENT to perpetually use, not own, the 1 Software is provided to the CLIENT as a multi-user, concurrent access license. The designated number of concurrent Users/Administrators/observers for this license is twenty (20). CLIENT is permitted to install Software on any and all workstations owned orcontrolled hythe CLIENT. Software will allow adesignated number ofconcurrent users toaccess the databases maintained by Software. Users attempting to access the system databases with Software after the designated number of concurrent users is logged on will be prohibited from logging on. 4. This License Agreement shall not besub-licensed, re -sold, assigned, transferred u,otherwise distributed b;the CLIENT to any other person, company or organization without the written authorization of CRW. 5. This Software, including any and all modifications, upgrades and bug fixes, isprotected bythe copyright laws ofthe United States and international copyright treaties. Unauthorized copying ofthe Software, including software that has been modified, merged or included with the Software, or the associated written materials (the "Documentation") is expressly forbidden. CLIENT may not remove, obscure, or alter any notice of patent, copyright, trademarks, trade secret orother proprietary rights in the Software. The title, ownership rights, and intellectual property rights in and to this Software shall remain with CRVV. 6. CRVVhas made reasonable checks of the Software to confirm that it will perform in normal use on compatible equipment substantially asdescribed inthe specifications for the Software. However, due tothe inherent nature ofcomputer software, neither CRW nor any individuals involved in the development or installation of the Software warrant that the Software or the Documentation is completely error free, will operate without interruption, is compatible with all equipment and software configurations, nrwill otherwise meet your needs. 7. CRW warrants that it has good title and all proprietary rights to the Software to enable it to license its use to CLIENT free of any proprietary rights of any other party or any other encumbrance. 8. [0Nwarrants that its Software will perform inthe manner described inthe Professional Semiceo Agreement for Software Hosting and Maintenance (Community Development Software Solution) towhich this License Agreement isattached (the "PSA"), and the other attachments thereto, and as described in CRAJ's Response to CLIENT's RFP, dated June 28, 2013, all of which documents are hereby incorporated byref rence as if fully contained herein and any other written user documentation for the version installed. B. The warranties inthis License Agreement shall commence upon date of acceptance byCLIENT as defined byExhibit D attached hereto. 10. Subject mparagraph Fof the PSA,neither CRWnor any ofthe people mcompanies involved |nproviding this license to the CLIENT may be held liable for any incidental or consequential damages caused by failures or faults of the software or its functions. PageZ1 City of LAM ima,[A Contract No. 2O23-1253 m CRW's sole responsibilities with respect to error corrections will be to correct any defects or errors in the Software or its functions, which are brought to the attention of Cato by the CLIENT. CITY OF LA QUINTA, CA By - Frank J. Spevacek, City Manager CRW SYSTEMS, INC. Dated: By: Nat 1/061Ewi Cz-, Executive Vice President Page 22 City of 1_12,luinta, CA Contract No. 2013-1253 REPORTS & INFORMATIONAL ITEMS: 20 COMMUNITY SERVICES COMMISSION MINUTES MONDAY, JUNE 10, 2013 CALL TO ORDER A regular meeting of the La Quinta Community Services Commission was called to order at 5:30 p.m. by Chairperson Fitzpatrick. PRESENT: Commissioners Blakeley, Engel, Fitzpatrick, Lawrence, and Leidner. STAFF PRESENT: Golf & Parks Manager Steve Howlett, and Senior Secretary Angela Guereque. Commissioner Leidner led the Pledge of Allegiance. PUBLIC COMMENT - None. CONFIRMATION OF AGENDA Motion - It was moved by Commissioners Leidner/Blakeley to confirm the agenda as submitted. Motion passed unanimously. PRESENTATIONS Judy Tobin May, Executive Director of the Big Brothers Big Sisters of the Desert (BBBS), provided information to the Commission regarding the "Ready to be Matched Mentoring Program." Of every dollar donated to BBBS, $.82 goes directly to provide program services to the Bigs and Littles served. BBBS helps youth of all backgrounds throughout the Coachella Valley reach their potential through one-to-one mentoring relationships offering two core programs: Community -based and Site -based mentoring. Matches in the Community -based program do things like going to ballgames, the park, movies and museums. Volunteers in the Site -based programs meet their Little at one of the collaborative programs in facilities provided by the Boys & Girls Club. The one-to-one matches in both programs spend between 4 to 8 hours per month together in their mentoring relationship. In 2012, BBBS served 421 children in both the community -based and site -based mentoring programs. Of the children served, 97% are eligible to receive free or reduced lunch; 63% of the children served are living in a home with a single female COMMUNITY SERVICES COMMISSION MINUTES JUNE 10, 2013 122 REPORTS & INFORMATIONAL ITEMS: head of household; 25% of the children served are living with a Grandparent or other relative. CHILDREN SERVED BY CITY: Indio 32%; La Quinta 17%; Cathedral City 15%; Desert Hot Springs 11 %; Palm Desert 9%; Palm Springs 3%; Rancho Mirage 2%; all other cities 11 %. APPROVAL OF MINUTES Motion — A motion was made by Commissioners Blakeley/Leidner to approve the May 13, 2013 Community Services Commission Minutes as submitted. Motion passed unanimously. BUSINESS SESSION 1 . Cancellation of the August 12, 2013 Commission Meeting Manager Howlett presented the staff report. Motion — A motion was made by Commissioners Engel/Lawrence to cancel the August 12, 2013 Community Services Commission Meeting. Motion passed unanimously. REPORTS AND INFORMATION ITEMS 1. Update on Department Report for May 2013 2. Sports Field Maintenance 3. Report from Commissioners Regarding Meetings Attended 4. Calendar of Monthly Events ADJOURNMENT There being no further business, it was moved by Commissioners Leidner/Lawrence to adjourn the meeting at 6:05 p.m. Motion passed unanimously. Respectfully submitted, (Ingeea a Cae4egae, ANGELA GUEREQUE, Senior Secretary City of La Quinta, California COMMUNITY SERVICES COMMISSION MINUTES JUNE 10, 2013 123 REPORTS & INFORMATIONAL ITEMS: 21 PLANNING COMMISSION MINUTES TUESDAY, JUNE 25, 2013 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 7:01 p.m. by Chairperson Barrows. PRESENT: Commissioners Alderson, Wilkinson, Vice Chair Wright, and Chairperson Barrows ABSENT: Commissioner Weber STAFF PRESENT: Community Development Director Les Johnson, Planning Manager David Sawyer, Principal Engineer Ed Wimmer, Associate Planner Jay Wuu, Housing Coordinator Carla Tripplet, and Secretary Monika Radeva Commissioner Wilkinson led the Commission in the Pledge of Allegiance. PUBLIC COMMENT — None CONFIRMATION OF AGENDA — Confirmed APPROVAL OF MINUTES Motion — A motion was made and seconded by Commissioners Wilkinson/Wright to approve the Planning Commission Minutes of May 14, 2013, as submitted. AYES: Commissioners Alderson, Wilkinson, Wright, and Chairperson Barrows. NOES: None. ABSENT: Commissioner Weber. ABSTAIN: None. PUBLIC HEARINGS 1. Continued from May 14, 2013 — Conditional Use Permit 201 1-139 submitted by Crown Castle, Susan Makinson, for a single distributed antenna system (DAS) within the public right-of-way in the La Quinta Cove. Location: southeast corner of Avenida Obregon and Calle Temecula. PLANNING COMMISSION MINUTES 1 JUNE 25, 2013 124 Staff stated that the applicant had requested more time for research and preparation before presenting the project to the Commission for review and consideration. Public Speaker: None Motion — A motion was made and seconded by Commissioners Wright/Wilkinson to continue Conditional Use Permit 201 1-139 to July 23, 2013. AYES: Commissioners Alderson, Wilkinson, Wright, and Chairperson Barrows. NOES: None. ABSENT: Commissioner Weber. ABSTAIN: None. 2. Continued from May 14, 2013 — Conditional Use Permit 2012-148 submitted by Verizon Wireless for the placement of a sixty-four foot tall monopalm tower and an equipment enclosure adjacent to the La Quinta Country Club maintenance facility. Location: 77-750 Avenue 50 — La Quinta Country Club. Staff stated that the applicant had requested more time for research and preparation before presenting the project to the Commission for review and consideration. Public Speaker: None Motion — A motion was made and seconded by Commissioners Wilkinson/Wright to continue Conditional Use Permit 2012-148 to July 23, 2013. AYES: Commissioners Alderson, Wilkinson, Wright, and Chairperson Barrows NOES: None. ABSENT: Commissioner Weber. ABSTAIN: None. 3. Environmental Assessment 2013-627, Conditional Use Permit 2013-151 , and Site Development Permit 2013-926 submitted by the La Quinta Housing Authority for development plans for the Washington Street Apartments final phase. Location: southeast corner of Washington Street and Hidden River Road. Associate Planner Jay Wuu presented the staff report, a copy of which is on file in the Community Development Department. Chairperson Barrows declared the PUBLIC HEARNG OPEN at 7:1 9 p.m. Public Speaker: Eric Nasland, Architect with Studio E Architects, San Diego, CA — spoke in support of the project and answered the Commission's questions. Public Speaker: Jon McMillen, Project Manager with Tall Man Group, Inc., Valley Center, CA — spoke in support of the project and answered the Commission's questions. PLANNING COMMISSION MINUTES 2 JUNE 25, 2013 M Chairperson Barrows declared the PUBLIC HEARING CLOSED at 7:56 p.m. Motion — A motion was made and seconded by Commissioners Wright/Alderson to adopt Resolution 2013-008 approving Environmental Assessment 2013-627 as submitted with staff's recommendations. AYES: Commissioners Alderson, Wright, and Chairperson Barrows NOES: Commissioner Wilkinson. ABSENT: Commissioner Weber. ABSTAIN: None. Motion — A motion was made and seconded by Commissioners Wright/Alderson to adopt Resolution 2013-009 approving Conditional Use Permit 2013-151 as submitted with staff's recommendations. AYES: Commissioners Alderson, Wright, and Chairperson Barrows NOES: Commissioner Wilkinson. ABSENT: Commissioner Weber. ABSTAIN: None. Motion — A motion was made and seconded by Commissioners Wright/Alderson to adopt Resolution 2013-010 approving Site Development Permit 2013-926 as submitted with staff's recommendations, and the addition of the following condition: "In order to test for feasibility, safety, and noise impacts, the applicant shall construct a single full test version of the proposed thermal chimney with working HVAC condenser unit for inspection by City of La Quinta Community Development Department (Planning and Building & Safety). Inspection and approval of the working thermal chimney/HVAC design shall be obtained prior to construction/installation of chimney/HVAC features on residential units." AYES: Commissioners Alderson, Wright, and Chairperson Barrows NOES: Commissioner Wilkinson. ABSENT: Commissioner Weber. ABSTAIN: None. BUSINESS SESSION — None CORRESPONDENCE AND WRITTEN MATERIAL — None COMMISSIONER ITEMS 1. Report on City Council meetings of May 21 and June 4 and 18, 2013. DIRECTOR'S ITEMS Planning Commissioners' attendance for City Council meetings 2013 — 2014. PLANNING COMMISSION MINUTES 3 JUNE 25, 2013 MV, Fil i3 lei I 1 .1 There being no further • it was moved and seconded by Commissioners Wright/Wilkinson to adjourn this meeting at 8:15 p.m. AYES: • Alderson, Wilkinson, Wright, and Chairperson Barrows NOES: None. ABSENT: Commissioner Weber. ABSTAIN: None. Respectfully bmitted, MONIKA RAIDEVA, Secretary City of La • California ILI I tMeMitelkyll &M-Welm"If 1101UM" M 127 PLANNING COMMISSION MINUTES TUESDAY, AUGUST 27, 2013 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 7:02 p.m. by Vice Chair Wright. PRESENT: Commissioners Weber, Wilkinson, and Vice Chair Wright ABSENT: Chairperson Barrows STAFF PRESENT: Planning Manager David Sawyer, Principal Engineer Ed Wimmer, Associate Planner Jay Wuu, and Secretary Monika Radeva. Commissioner Wilkinson led the Commission in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed APPROVAL OF MINUTES Motion — A motion was made and seconded by Commissioners Weber/Wilkinson to approve the Planning Commission Minutes of July 23, 2013, as submitted. AYES: Commissioners Weber, Wilkinson, and Vice Chair Wright. NOES: None. ABSENT: Chairperson Barrows. ABSTAIN: None. PUBLIC HEARINGS 1. Continued from July 23, 2013 — Conditional Use Permit 2012-148 submitted by Verizon Wireless for the placement of a sixty-four foot tall monopalm tower and an equipment enclosure adjacent to the La Quinta Country Club maintenance facility. Location: 77-750 Avenue 50 — La Quinta Country Club. Staff stated that the applicant had requested to have this item removed from the calendar as they needed additional time to address any remaining concerns perceived by the La Quinta Country Club Home Owner Associations. The application would remain active; however, it would be re -published in the paper and re -noticed prior to rescheduling it for the Commission's review and consideration at a future date. PLANNING COMMISSION MINUTES AUGUST 27, 2013 128 Public Speaker: None Vice Chair Wright declared the PUBLIC HEARING CLOSED at 7:06 p.m. Motion — A motion was made and seconded by Commissioners Weber/Wilkinson to remove Conditional Use Permit 2012-148 from the calendar. AYES: Commissioners Weber, Wilkinson, and Vice Chair Wright. NOES: None. ABSENT: Chairperson Barrows. ABSTAIN: None. 2. Conditional Use Permit 2013-150 and Site Development Permit 2013-925 submitted by Prest Vuksic Architects proposing to construct an approximately 55,440 square -foot retail building. Location: 46-753 Adams Street — One - Eleven La Quinta Shopping Center located north of Highway 1 1 1, between Washington and Adams Streets. Associate Planner Jay Wuu presented the staff report, a copy of which is on file in the Community Development Department. Vice Chair Wright declared the PUBLIC HEARNG OPEN at 7:08 p.m. Public Speaker: Mr. John Vuksic, Archtect with Prest Vuksic Archtects, Palm Desert, CA — introduced himself, spoke favorably of the project, gave a brief overview of what was being proposed, and answered the Commission's questions. Vice Chair Wright declared the PUBLIC HEARING CLOSED at 7:16 p.m. Motion — A motion was made and seconded by Commissioners Wilkinson/Weber to adopt Resolution 2013-013 approving Conditional Use Permit 2013-150 as submitted with staff's recommendations. AYES: Commissioners Weber, Wilkinson, and Vice Chair Wright. NOES: None. ABSENT: Chairperson Barrows. ABSTAIN: None. Motion — A motion was made and seconded by Commissioners Wilkinson/Weber to adopt Resolution 2013-014 approving Site Development Permit 2013-925 as submitted with staff's recommendations. AYES: Commissioners Weber, Wilkinson, and Vice Chair Wright. NOES: None. ABSENT: Chairperson Barrows. ABSTAIN: None. BUSINESS SESSION — None CORRESPONDENCE AND WRITTEN MATERIAL — None PLANNING COMMISSION MINUTES 2 AUGUST 27, 2013 M 2. Report on the Coachella Valley Association of Governments workshop regardirg CV Link (formerly known as Parkway 1 ell) on July 25, 2013, at the Ind Senior Center (45-700 Aladdin Street, Indio, CA 92201). 1 3. Election of Chair and Vice Chair will be scheduled for the next Planning Commission meeting. 4. Staff will schedule a joint meeting between the Planning Commission and t Architectural and Landscaping Review Board within the next couple of monthsl 1. City Council will be conducting interviews to fill the vacant Commissioner position on October 1, 2013. There being no further business, it was moved and seconded by Commissioners Wilkinson/Weber to adjourn this meeting at 7:28 p.m. AYES: Commissioners Weber, Wilkinson, and Vice Chair Wright. NOES: None. ABSENT: Chairperson Barrows. ABSTAIN: None. Respectfully submitted, MONIKA RYDEVA, Secretary City of La Quinta, California RAN K i F-It `K1i REPORTS & INFORMATIONAL ITEM: 22 ARCHITECTURAL AND LANDSCAPING REVIEW BOARD MINUTES MONDAY, AUGUST 21, 2013 CALL TO ORDER A special meeting of the La Quinta Architectural and Landscaping Review Board (ALRB) was called to order at 10:04 a.m. by Planning Manager David Sawyer. Planning Manager Sawyer led the Committee into the Pledge of Allegiance. PRESENT: Board Members Richard Gray, Kevin McCune, and Ray Rooker ABSENT: None STAFF PRESENT: Planning Manager David Sawyer, Assistant Planner Eric Ceja, Associate Planner Jay Wuu, and Secretary Monika Radeva PUBLIC COMMENT - None CONFIRMATION OF AGENDA — Confirmed APPROVAL OF MINUTES Motion — A motion was made by Board Members Rooker/McCune to approve the Architectural and Landscaping Review Committee Minutes of June 5, 2013, as submitted. Motion passed unanimously. BUSINESS SESSION 1 . Site Development Permit 2006-872, Amendment No. 1, and Specific Plan 2004-074, Amendment No. 2, submitted by IOTA Griffin, LLC. for the Griffin Ranch Clubhouse project. Location: Southeast Corner of Madison Street and Avenue 54 — Griffin Ranch. Assistant Planner Eric Ceja presented the information contained in the staff report, a copy of which is on file in the Community Development Department. ARCHITECTURAL AND LANDSCAPING SPECIAL MEETING REVIEW BOARD MINUTES 1 AUGUST 21, 2013 i19 Mr. Paul DePalaits, AICP, Director of Planning with MSA Consulting, Inc., Rancho Mirage, CA, introduced himself, gave description of the project, and answered the Board's questions. Mr. Tim Jachlewski, President of In-Sie Landscape Architecture, Inc., San Diego, CA, gave a brief presentation on the proposed landscaping and recreational facilities for the Clubhouse including the golf course, putting green, dog park, event lawns, pedestrian walkways, etc., and answered the Boards questions. He said that a condition had been included in the settlement agreement requiring that the proposed Clubhouse design and facilities be unanimously approved by all residents prior to building, and he indicated that all residents had unanimously approved what was currently being proposed. Mr. Scott McFerran, owner's representative with Decatur Advisors LLC., Carlsbad, CA, introduced himself and gave an overview of the history of the project, it's past and current owners, what the original plans had been and how they had evolved into the project that was being presented to the Board today. Mr. Mark Longstaff, Architect with McKinley Associates, San Diego, introduced himself and answered the Board's questions. Staff recommended that Condition of Approval No. 6 be amended not to include the direct reference to non -potable water. Motion — Minute Motion 2013-002 was made by Board Members McCune/Rooker recommending approval of Site Development Permit 2006- 872, Amendment No. 1, and Specific Plan 2004-074, Amendment No. 2, as submitted with staff's recommendations and amending Condition of Approval No. 6 to read as follow: "All water features shall be in accordance with LQMC Section 8.13 (Water Efficient Landscape). " Motion passed unanimously. 2. Site Development Permit 2013-925 submitted by Prest Vuksic Architects for the consideration of approximately 55,400 square -foot retail building. Location: 46-753 Adams Street — One -Eleven La Quinta Shopping Center located north of Highway 1 1 1 , between Washington and Adams Streets. ARCHITECTURAL AND LANDSCAPING REVIEW BOARD MINUTES 2 SPECIAL MEETING AUGUST 21, 2013 133 Associate Planner Jay Wuu presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Mr. Michael Shovlin, owner, La Quinta, CA, gave an overview of the proposed building and future tenant, what the potential benefits would be of having the business in the City of La Quinta, and answered the Board's questions. Mr. John Vuksic, Architect with Prest Vuksic Architects, Palm Desert, CA, introduced himself, spoke favorable of the project, explained the proposed building's architectural style, design, height, color palette, etc., and answered the Board's questions. Mr. David Drake, Project Manager with Prest Vuksic Architects, Palm Desert, CA, introduced himself and answered some of the Board's questions. Board Member Rooker suggested the color of the building be changed to something more vibrant in order to draw attention to it, and a stronger architectural style be used to make the building stand out. Motion — Minute Motion 2013-003 was made by Board Members Gray/McCune recommending approval of Site Development Permit 2013-925 as submitted with staff's recommendations. AYES: Board Members Gray and McCune. NOES: Board Member Rooker. ABSENT: None. ABSTAIN: None. 3. Village Use Permit 2012-045 submitted by Tower Energy Group for the consideration of an expansion to the Village Market. Location: Southwest Corner of Avenida Bermudas and Avenida Montezuma. Associate Planner Jay Wuu presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Mr. Nick Fullerton, AIA, Architect with NFA Fullerton Architects, PC, Bigfork, MT, introduced himself, gave a brief overview of the project, and answered the Board's questions. Staff noted that the project was brought forth for review to the ALRB subject to resolution of an issue regarding a potential underground utility easement. ARCHITECTURAL AND LANDSCAPING REVIEW BOARD MINUTES 3 SPECIAL MEETING AUGUST 21, 2013 134 Board • ' ! •ker suggested landscaping be added between the proposed building and the existing post office. Motion — Minute Motion 2013-004 was made by Board Members Rooker/Gray recommending approval of Village Use Permit 2012-045 as submitted with staff'sns. Motion passed unanimously. Staffinquired if the Board would be available for a special meeting on September 1, 2013. Update on the ity's efforts to revamp its current review and approval processes. Staff congratulated Board Members Rooker and Gray on .•i and thanked the Board for the services they provide to the City. Council City •ii e ordinance amen• •' all municipalii' chapters relating to Commissions,Boards, • Committees • 'I July 16, There being no further business, it was moved by Board Members Gray/McCune to adjourn this meeting .t 11:51 a.m. Motion passed unanimously. Respectfully • •', J ! 1 + , + , Secretary City of r i + ■.:, III � :. 11910 REPORTS & INFORMATIONAL ITEM: 23 INVESTMENT ADVISORY BOARD MINUTES WEDNESDAY, JUNE 12, 2013 CALL TO ORDER A regular meeting of the La Quinta Investment Advisory Board was called to order at 4:00 p.m. by Chairman Blum. PRESENT: Board Members Donais, Blum, Spirtos and Park ABSENT: Board Member Mortenson STAFF PRESENT: Finance Director, Robbeyn Bird, City Manager, Frank Spevacek, City Attorney, Kathy Jenson (via teleconference) and Senior Secretary, Vianka Orrantia PUBLIC COMMENT — None CONFIRMATION OF AGENDA — Confirmed APPROVAL OF MINUTES Approval of the Minutes of May 8, 2013 Motion — A motion was made by Board Members Park/Spirtos to approve the Minutes of May 8, 2013. Motion passed unanimously. CONSENT CALENDAR ITEMS 1 . Transmittal of Treasury Report for April 30, 2013 Ms. Bird presented and reviewed the staff report for the month of March. Motion — A motion was made by Board Members Spirtos/Donais to review, receive and file the Treasurer's Report for April 30, 2013. Motion passed unanimously. BUSINESS SESSION 1. Consideration of Fiscal Year 2013/2014 Investment Policy and Work Plan Items INVESTMENT ADVISORY MINUTES 1 June 12, 20136 Ms. Bird advised that the 2013/2014 Investment Policy is presented with the final changes/additions/deletions incorporated within the policy. At this time Staff Item No. 1 was discussed — Mr. Spevacek advised the Board of the City Council's consideration of procuring a Money Management Investment Firm. Motion — It was moved by Board Members Park/Spirtos to approve the amended 2013/2014 Investment Policy and proceed for final approval by the City Council at the June 18, 2013 meeting. Motion passed unanimously. 2013/2014 Investment Advisory Board Work Plan Items Motion — A motion was made by Board Members Spirtos/Park to approve the 2013/2014 Investment Advisory Board Work Plan and proceed for final approval by the City Council at the June 18, 2013. Motion passed unanimously. CORRESPONDENCE AND WRITTEN MATERIAL 1. Month End Cash Report, May 2013 and the Pooled Money Investment Board Reports — April 2013 Noted and Filed BOARD MEMBER ITEMS — None STAFF ITEMS 1. Money Management Investment Firm — (This item was discussed under Business Session Item No. 1) Mr. Spevacek updated the Board on the City's upcoming Fiscal Year 2013/2014 operating expense surplus, in addition to updating the Board on the status of the Redevelopment Agency litigation. ADJOURNMENT There being no further business, it was moved by Board Members Donais/Park to adjourn this meeting at 4:44 p.m. Motion passed unanimously. Respectfully submitted, Vianka Orrantia, Senior Secretary City of La Quinta, California INVESTMENT ADVISORY MINUTES 2 June 12, 20133 INVESTMENT ADVISORY BOARD MINUTES WEDNESDAY, AUGUST 14, 2013 CALL TO ORDER A regular meeting of the La Quinta Investment Advisory Board was called to order at 4:00 p.m. by Chairman Blum. PRESENT: Board Members Donais, Blum, Spirtos and Mortenson (via teleconference call) ABSENT: Board Member Park STAFF PRESENT: Finance Director, Robbeyn Bird, and Senior Secretary, Vianka Orrantia APPOINTMENT OF OFFICERS 1 . Appointment of Investment Advisory Board Chairperson Chairman Blum opened nominations for Chairperson. Board Member Spirtos nominated Board Member Mortenson for the position of Chairperson. With no other nominations, Chairman Blum closed the nominations. Board Member Mortenson was unanimously elected as Chair. 2. Appointment of Investment Advisory Board Vice -Chairperson Board Member Spirtos opened nominations for Vice -Chairperson and nominated Board Member Donais for the position of Vice -Chairperson. With no other nominations, Chairman Mortenson closed the nominations. Board Member Donais was unanimously elected as Vice -Chair. INVESTMENT ADVISORY MINUTES 3 August 14, 20138 PUBLIC COMMENT — None CONFIRMATION OF AGENDA — Confirmed APPROVAL OF MINUTES Approval of the Minutes of June 12, 2013 Motion — A motion was made by Board Members Blum/Spirtos to approve the Minutes of June 12, 2013. Motion passed unanimously. CONSENT CALENDAR ITEMS 1 . Transmittal of Treasury Report for May 31, 2013 Ms. Bird presented and reviewed the staff report for the month of May. Motion — A motion was made by Board Members Spirtos/Blum to review, receive and file the Treasurer's Report for May 31, 2013. Motion passed unanimously. BUSINESS SESSION 1. Consideration of Fiscal Year 2013/2014 Meeting Schedule Motion - It was moved by Board Members Blum/Donais to accept the Fiscal Year 2013/2014 Meeting Schedule as presented. Motion carried unanimously. CORRESPONDENCE AND WRITTEN MATERIAL 1. Month End Cash Report, June 2013 and the Pooled Money Investment Board Reports for May 2013 and June 2013 Noted and Filed 2. Distribution of Investment Policy for Fiscal Year 2013/2014 Noted and Filed INVESTMENT ADVISORY MINUTES 4 August 14, 2033 19 BOARD MEMBER ITEMS In response to Chairman Mortenson, Ms. Bird summarized for the Board Councilmen Osborne's request to revisit the possible use of a Money Manager, the Board's and staff's view on the use of a Money Manager and the Council's decision not to use a Money Manager at this time. ADJOURNMENT There being no further business, it was moved by Board Members Blum/Donais to adjourn this meeting at 4:24 p.m. Motion passed unanimously. Respectfully submitted, Vianka Orrantia, Senior Secretary City of La Quinta, California INVESTMENT ADVISORY MINUTES 5 August 14, 201 3 Mi Department Report: D 1 _ �,t•Gy ��5w OFT1 TO: Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: October 1, 2013 SUBJECT: UPDATE ON OUTREACH EFFORTS REGARDING POTENTIAL ASSESSMENT DISTRICT IN NORTH LA QUINTA On March 19, 2013, Public Works staff presented a preliminary study by Willdan Financial Services ("Willdan") to consider the feasibility of the City recouping some of its costs for maintaining perimeter parkways and entrances to 14 subdivisions in north La Quinta. Per Willdan's report, the subdivisions were divided into three zones depending on the cost of future capital improvements and maintenance of their parkways and entrances. Staff was directed to move forward with public outreach to the affected property owners to determine the interest level in forming an assessment district to cover these costs. Since May 2013, staff has conducted meetings with property owners of the following subdivisions in Zone 2: Rancho Ocotillo, Cactus Flower, Acacia, Quinterra, and La Quinta Highlands (map attached). Invitation post cards were mailed out to each property owner address, and attendance varied from four property owners to 20 per meeting. Staff gave presentations on the changes that have occurred to the City's finances since the Great Recession and explained the difficulty in continuing to offer free landscape maintenance to these subdivisions. In general, the homeowners appreciated the City's position but voiced concern about their aging and deteriorating landscaping. After Willdan's options for landscape improvements were presented, a majority expressed interest in modernizing the perimeter of their development in order to improve its curb appeal; however, some were opposed to any type of out-of-pocket expenses for landscape maintenance. `Iy As a culmination to the individual subdivision meetings, staff's next step is to have a group meeting with Zone 2 property owners, which is scheduled for Saturday, October 12 from 9:00 a.m. to noon. Staff hopes to get input from property owners on their desired improvements and what they are willing to pay (options range from $0 to $50 per month). Jim McGuire, of Willdan, will be available to explain the mechanics of forming an assessment district. Another series of subdivision meetings is being scheduled in October with Zone 1 and Zone 3 property owners. The subdivisions include: La Quinta Del Oro, Reunion, Marbella, Sierra del Rey, and Topaz. The group meeting for these zones is planned for Saturday, November 16 from 9:00 a.m. to noon. Staff will follow a similar process as with Zone 2 property owners with the goal of assisting them in a decision regarding desired improvements and maintenance level to include in an assessment district. Depending on the outcome of the workshops and follow-up surveys, staff anticipates a report and possible balloting recommendation for City Council consideration in December. Attachment 143 r', "A Am. %NW i OF. APR Department Report: 2 _ �,t•Gy ��5w OFT1 TO: The Honorable Mayor and Members of the City Council VIA: Frank J. Spevacek, City Manager FROM: Les Johnson, Community Development Director DATE: October 1, 2013 SUBJECT: CONTRACT WITH RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES FOR AFTER HOURS EMERGENCY ASSISTANCE The City has long provided 24-hour animal control services to its residents. These services have been provided at a two -tiered level; full service for all animal needs during regular business hours (including daytime Saturday and Sunday) and standby emergency service after-hours and on holidays. Standby emergency service consists of responding to vicious, venomous, injured and dead animals (obstructing traffic only). In order to provide this service, City animal control/code compliance officers have been on duty daytime seven days a week and officers have been available via standby for emergency service after-hours and on holidays. During the 2013/14 budget process, staff requested an appropriation of $15,000 to contract with the Riverside County Department of Animal Services (RCAS) for standby emergency services. This was introduced in an effort to reduce the work demand being placed upon the four City officers and to increase the presence of officers during the work week when the demand for animal control and code compliance services are most needed. Following approval of the 2013/14 budget, staff commenced contract discussions with RCAS. A contract was executed in late August and RCAS began providing standby emergency animal control services on September 23. The contract is specific to providing after-hours services Monday through Saturday, all day Sunday and on holidays. City officers will be providing animal control services during regular business hours Monday through Friday and from 8:00 a.m. to 5:00 p.m. on Saturday. `«: The contract with RCAS is for a two-year period, ending June 30, 2015. The City only incurs an expense when a County officer responds to a service call. As defined in the contract, County officers will only respond to calls that meet the City's emergency criteria. In recent years, the number of annual after-hours emergency service calls has averaged approximately 55. Funding provided in the 2013/14 budget will sufficiently cover the estimated RCAS service cost. RCAS is currently providing animal control services to several Coachella Valley cities. Though some cities rely solely upon RCAS (e.g. Indio, Palm Desert) for animal control services, the La Quinta contract is similar to what currently exists in Rancho Mirage. Rancho Mirage staff provided positive feedback to City staff regarding their experience with RCAS. However, with this being a new contract service in La Quinta, staff will be reviewing all service calls performed by RCAS in order to ensure that the emergency service provided is consistent with what has historically been provided by City officers. 147 Important information about chromium-6 in drinking water The California Department of Public Health released a draft MCL in which it is proposing to reduce the allowed level of chromium-6 in drinking water to 10 parts per billion (ppb). This is five times stricter than the current California standard for total chromium of 50 ppb. The national standard is 100 ppb. Please read the following facts and call CVWD at (760) 398-2651 if you have questions Where does chromium-6 found locally come from? Natural sources of chromium-6 are found in. water, soil, rocks and food. Chromium-6 is common in sediments located close to the San Andreas Fault system that delineates the Coachella Valley groundwater basin. The erosion of these sediments over many years dissolves chromium-6 into local groundwater. Chromium-6 occurs naturally in Coachella Valley groundwater, which is the source of your drinking water. How much chromium is in our water? Groundwater levels of chromium-6 in CVWD's boundaries average 9 ppb (the range is from non -detect to 21 ppb). Colorado River water that is used to replenish the valley's aquifer has no detectable chromium-6.One part per billion is equal to one drop in 10,000 gallons. What does this mean for me? If the proposal for chromium-6 is adopted, about half of the drinking water CVWD delivers is expected to be above this new standard. Early estimates indicate the additional treatment required to meet the new standard will cost more than $500 per customer per year. CVWD believes this additional expense is not economically feasible for our customers. What happens next? The release of the draft MCL sets in motion a 45-day comment period during which members of the public may submit written feedback on the proposal. It is possible the proposed MCL could change and then be recirculated for more public comment. CVWD will be submitting comments that encourage the state to adopt a higher standard that continues to protect public health while being more economically feasible to meet. Anyone with an opinion on the proposed MCL and its potential impacts is encouraged to submit a written comment to the California Department of Public Health by the Oct. 11 deadline. Instructions are available at www.cdph.ca.gov/certlic/drinkingwater/Pages/Chromium6.aspx. CVWD will host a free educational workshop to discuss these issues and potential impacts to future water rates on Oct. 7 at 6 p.m. at the Steve Robbins Administration Building, 75-515 Hovley Lane East, Palm Desert. Attendees will be given an opportunity to share their opinions with elected board members. No RSVP needed. Providing high quality drinking water is CVWD's top priority. Additional information: What is an MCL and why is It being established? An MCL (Maximum Contaminant Level) is an enforceable regulatory standard for drinking water set by the California Department of Public Health. The MCL is intended to prevent potential long-term health effects based on consuming tap water for a 70-year period., It is supposed to balance protecting public health with a standard that's economically and technologically feasible for water agencies to meet. The chromium-6 MCL was released on Aug. 22, 2013, and is the nation's first draft MCL for chromium-6 in drinking water. Why is chromium-6 a concern? California has enforced an MCL for total chromium since the 1970s. The state began the process to set a separate standard for chromium-6 in 2001 after legislation was approved requiring the state adopt a chromium-6 MCL for drinking water. The legislation was triggered by concerns about health research findings based on rodent studies that indicated chromium-6 could cause cancer when ingested in very large quantities.